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ARTICLE · 01 SEPTEMBER 2022

Consequences Of Decisions In Cases Requiring Technical Expertise Without Expert Examination In Administrative Trials

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Article 31 of the Administrative Procedure Code No. 2577 ("APC") sets out the cases to which Civil Procedure Code No. 6100 ("CPC") shall apply where IYUK contains no provisions.

TurkeyLitigation, Mediation & Arbitration
Beri̇l Yayla Sapan
Beri̇l Yayla Sapan
Kardelen Özden
Kardelen Özden
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Introduction

Article 31 of the Administrative Procedure Code No. 2577 ("APC") sets out the cases to which Civil Procedure Code No. 6100 ("CPC") shall apply where IYUK contains no provisions. As per the referred provision, CPC shall apply to expert examinations.

According to Article 266 of the CPC, courts decide to obtain expert opinion in cases where the resolution require special or technical information other than law, ex-officio or upon request of either party. However, courts cannot appoint experts in cases which can be resolved through experience, or the legal knowledge required by the profession of judgeship.

Precedents of the Council of State

As per the precedents of the Council of State, the lack of expert examination in cases requiring special and technical information to be resolved constitutes deficient examination, which sets grounds for the local court's decision to be revoked.

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