The Turkish legal system is a codified civil-law system based on European models, where written statutes rather than judicial precedent control, the Constitution sits above all other law, and disputes travel through two parallel court tracks: one for private and criminal matters, another for cases against the state. A separate Constitutional Court protects fundamental rights and, since 2012, hears complaints directly from individuals. Executive authority was consolidated in the presidency by the 2017 constitutional amendments, which also gave the president power to issue decrees with independent legal force.
Where the Law Comes From
Turkey adopted its foundational codes in the 1920s from Continental European sources: the Swiss Civil Code and Code of Obligations in 1926, the Italian Penal Code as the base for criminal law, and German-influenced commercial legislation. Those codes have been amended heavily since, and in practice the system now looks like itself rather than any European parent.
Legislation controls. Courts interpret and apply statutes but do not generate binding precedent the way common-law courts do. Rulings from higher courts carry persuasive weight and push lower courts toward uniform interpretation, but a trial judge is not formally bound to follow them. Every law must be published in the Official Gazette (Resmi Gazete) before it takes effect.
The hierarchy of norms is strict. The Constitution (Law No. 2709) sits at the top, and Article 11 declares its provisions binding on the legislative, executive, and judicial branches. Ratified international treaties on fundamental rights and freedoms rank just below the Constitution, and under a 2004 amendment to Article 90, such a treaty prevails over any conflicting domestic statute on the same subject. Statutes passed by the Grand National Assembly of Turkey (TBMM) come next. The Assembly holds exclusive legislative power and cannot delegate it. Below statutes sit presidential decrees, regulations, and by-laws, each of which must stay consistent with everything above.
Presidential Decrees After 2017
The 2017 constitutional amendments abolished the prime minister’s office, dissolved the Council of Ministers, and made the president the sole holder of executive power. The president can now issue presidential decrees (Cumhurbaşkanlığı Kararnameleri) without prior authorization from the Assembly, which was a sharp break from the earlier parliamentary setup.
Decrees have independent legal force over matters tied to executive power, including the organization of ministries. The limits are hard. A presidential decree cannot regulate fundamental rights or individual freedoms. It cannot cover topics the Constitution reserves exclusively for legislation. And if the Assembly passes a law on the same subject, the decree becomes void and the statute controls.
How Courts Are Organized
Turkey runs two separate court systems. The judicial system handles private disputes and criminal prosecutions. The administrative system handles cases against the government. Filing in the wrong track can get your case dismissed on jurisdictional grounds, so the distinction matters from the first step.
The Judicial Court System
At the bottom are the Courts of First Instance, split into civil and criminal branches. Civil courts handle contracts, family law, inheritance, and similar matters. Criminal courts run from Criminal Judgeships of Peace, which handle lighter offenses, up to Heavy Criminal Courts (Ağır Ceza Mahkemeleri), three-judge panels that try offenses punishable by ten or more years of imprisonment.
Specialized first-instance courts exist for commercial disputes, labor, consumer matters, family cases, intellectual and industrial property, cadastral questions, and civil enforcement. Each has a defined scope.
Appeals go first to the Regional Courts of Appeal (Bölge Adliye Mahkemeleri), which review both the facts and the law. They can reweigh evidence, overturn a decision, or order a retrial. Above them sits the Court of Cassation (Yargıtay), which reviews only questions of law. If the Yargıtay finds a legal error, it vacates the judgment and sends the case back. Its rulings shape uniform statutory interpretation across all eighty-one provinces.
The Administrative Court System
Challenges to government action start in Administrative Courts or Tax Courts. Administrative courts hear annulment claims against unlawful government acts and related damages claims. Tax Courts handle taxes, duties, fees, and collection procedures. Appeals go to the Regional Administrative Courts, which review both legal and factual questions.
The Council of State (Danıştay) sits at the top of this track. It reviews the legality of ministerial regulations, resolves jurisdictional conflicts, and polices the boundaries of executive authority. Its role in public law parallels the Court of Cassation’s role in private and criminal law.
The Constitutional Court and Individual Applications
The Constitutional Court (Anayasa Mahkemesi) enforces the Constitution’s supremacy through two kinds of review. In abstract review, specific officeholders can challenge a new law directly, generally within sixty days of its publication, without needing an underlying case. In concrete review, a trial court that doubts a statute’s constitutionality refers the question up; if the provision is struck down, the trial court proceeds without it.
The 2010 constitutional amendments added a third route. Since September 23, 2012, any person who believes a public authority has violated rights protected under both the Turkish Constitution and the European Convention on Human Rights can apply directly to the Constitutional Court. All other legal remedies must be exhausted first.
Use has been heavy. Violations of the right to a trial within a reasonable time account for roughly sixty percent of all findings. Property, fair trial, and freedom of expression make up most of the remainder. The individual application has become the main domestic mechanism for aligning Turkish practice with European human rights standards.
Mediation Before You Can Sue
In several categories of dispute, you cannot file a lawsuit until you have attempted mediation. The requirement first applied to most employment disputes in 2018 under Labour Courts Law 7036. Law 7155 extended it to commercial disputes involving monetary claims and compensation in 2019. Consumer disputes followed. In 2023, the scope widened again to cover rental disputes, property partition cases, condominium disputes, and agricultural production agreements.
Mandatory does not mean forced settlement. Parties must attend at least one session, but they are free to walk away. If no agreement is reached, the mediator issues a final report, and the case can proceed to court. The effect has been to divert routine labor and commercial matters away from a crowded court system, though critics argue that compelling participation undercuts what makes mediation work.
Who Can Practice Law
Private attorneys (avukat) practice under the Attorneys’ Code, Law No. 1136. Qualification requires a four-year law degree, a one-year apprenticeship under a practicing lawyer, and registration with the bar association in the province where the lawyer will practice. Bar membership is mandatory, and bars handle professional ethics and discipline.
Only a registered avukat can provide legal representation or advice for compensation. Offering legal services under another title without bar registration carries criminal penalties under the Turkish Penal Code.
Foreign-qualified lawyers cannot practice Turkish law in Turkey. They may advise clients on the law of their home jurisdiction and work alongside Turkish advocates on cross-border matters, but they have no standing to appear before Turkish courts or to perform any function reserved for a registered avukat. International businesses accustomed to mutual-recognition arrangements elsewhere often learn this the hard way.
Judges and public prosecutors enter through a unified competitive examination followed by a preparatory training period. Their careers, including appointments, transfers, promotions, and discipline, are managed by the Council of Judges and Prosecutors (Hâkimler ve Savcılar Kurulu) under Article 159 of the Constitution. The 2017 amendments restructured the Council, making the president of the republic its chair.
If you cannot afford a lawyer, you can apply for state-funded legal aid (adli yardım) through your local bar association. There is no fixed income threshold; the bar’s legal aid office looks at whether paying for representation would place significant hardship on you or your family, based on documentation you provide. If approved, the bar appoints a lawyer from its legal aid roster at no cost. A rejection can be appealed to the president of the local bar association, whose decision is final.