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ARTICLE · 10 AUGUST 2016

Turkish Constitutional Court: Reasoned Decisions Must Include Accurate And Complete Information About Appeal Rights

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The Turkish Constitutional Court recently held that Courts must indicate the right to appeal in reasoned decisions, including an accurate validity period.

TurkeyLitigation, Mediation & Arbitration

The Turkish Constitutional Court recently held that Courts must indicate the right to appeal in reasoned decisions, including an accurate validity period. A Commercial Court incorrectly indicated the appeal time as fifteen days, rather than ten days. The Supreme Court subsequently rejected an appeal on the basis that more than ten day has elapsed. The Constitutional Court held that the applicant's right to access the Court were violated and sent the appeal back to the local court for retrial.

In general, the time available for appeal is fifteen days from receipt of the relevant decision. However, decisions related to administration of bankruptcy's decisions are an exception, where the time period becomes ten days (Article 164(2), Enforcement and Bankruptcy Law).

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