Turkey's Constitutional Court Publishes Decision Regarding Essential Elements Of Court Decisions

Turkey's Constitutional Court has published the full text of its decision on a decision by the 22ndChamber of the Supreme Court (31 December 2012, numbered E. 2012/23578 and K. 2012/23992; "Supreme Court"). The Constitutional Court held that the Supreme Court's decision lacked legal justification and therefore violated the parties' right to a fair trial.

In the recently published decision, the Constitutional Court held that court decisions must:

• Outline the material facts which establish the court's overall decision.
• Indicate the decision's reasons and legal basis.
• Show a logical connection between the material facts and the decision.

The Constitutional Court noted that if a court fails to sufficiently respond to procedural and substantive claims or defenses, this may violate the parties' right to a fair trial.