The judicial recess begins on July 20 each year and ends on August 31. Our new judicial year begins on September 1.
I – FIRST JUDICIAL CIRCUIT COURTS
A- CIVIL COURTS
Judicial recess period
ARTICLE 102- (Amended: 8/8/2011-KHK-650/33 md.; Cancelled: Constitutional Court Decision dated 7/18/2012 and numbered E.: 2011/113 K.: 2012/108; (1) Re-enacted: 27/6/2013-6494/30 md.) (1) The aforementioned Repeal Decision entered into force on 1/7/2013.
(1) The judicial recess begins on July 20 and ends on August 31 each year. The new judicial year begins in September each year.
Cases and matters to be heard during the judicial recess:
ARTICLE 103 –
(1) Only the following cases and proceedings shall be heard during the judicial recess:
a) Decisions on requests for provisional legal protection such as provisional measures, provisional seizure, and evidence preservation, requests for obtaining a maritime report and appointing a shipping agent, and objections to these and other applications.
b) All types of alimony cases and paternity, custody, and guardianship cases or matters.
c) Correction of population records and cases filed.
ç) Cases arising from employees’ service or employment contracts.
d) Requests for the issuance of a certificate of loss due to the loss of commercial books and cancellations made due to the loss of valuable documents.
e) Matters and cases related to bankruptcy and composition and the restructuring of capital companies and cooperatives through reconciliation.
f) Investigations decided to be conducted during judicial holidays.
g) Cases and proceedings falling within the jurisdiction of the court according to arbitration rules.
ğ) Non-contentious judicial matters.
h) Cases and proceedings specified as urgent in the law or decided by the court to be heard urgently at the request of one of the parties.
(2)
In the event of an agreement between the parties or if the case is heard in the absence of one of the parties, the hearing of the above cases and proceedings may be postponed until after the judicial recess upon the request of the party present.
(3) With regard to cases and matters other than those specified in the preceding paragraphs, during the judicial recess, the court may receive petitions for cases, counterclaims, appeals, and cassation petitions, responses to them, and renewal petitions; render judgments; make all kinds of notifications; and open files in other cases. In addition, the process of sending them to the court, the regional court of appeal, or the Court of Cassation is also carried out.
(4) The provisions of this article also apply to regional courts of appeal and Court of Cassation reviews.
Effect of judicial recess on time limits:
ARTICLE 104- (1) In cases and matters subject to judicial recess, if the expiration of the periods specified in this Law coincides with the recess period, these periods shall be deemed to be extended by one week from the date of the end of the judicial recess without the need for a separate decision.
B- CRIMINAL COURTS
JUDICIAL HOLIDAY
Article 331 –
(1) (Amended: 8/8/2011-Decree Law No. 650/27; Repealed: By the Constitutional Court’s Decision dated 18/7/2012, E.: 2011/113 K.: 2012/108; Re-enacted: 27/6/2013-6494/25) Authorities and courts hearing criminal cases shall suspend their work between July 20 and August 31 each year, starting on September 1.
(2) The High Council of Judges and Prosecutors shall determine how investigations, prosecutions, and other proceedings related to detention and other urgent matters shall be conducted during the vacation period.
(3) During the vacation period, regional courts of appeal and the Court of Cassation shall only hear cases related to detention or cases under the provisions of the Criminal Court of First Instance Procedure Law.
(4) Periods falling within the judicial holiday shall not be counted. These periods shall be deemed to have been extended by three days from the date the holiday ends.
II – ADMINISTRATIVE JURISDICTION (REGIONAL ADMINISTRATION, ADMINISTRATIVE AND TAX COURTS)
General Principles Regarding Terms
Article 8 – 3. If the expiration of the periods specified in this Law coincides with a work permit, these periods shall be deemed to have been extended by seven days from the date following the end of the recess.
suspend work
ARTICLE 61 – 1. Regional administrative, administrative, and tax courts suspend work from July 20 to August 31 each year, starting in September. These courts continue their duties without being subject to the restrictions in Article 62.
During the suspension period, upon the proposal of the president of the regional administrative court, a duty court shall be established by the High Council of Judges and Prosecutors, consisting of three judges selected from among the presidents and members of the administrative and tax courts at the headquarters of each regional administrative court. The most senior president among those remaining in office shall preside over the duty court; otherwise, the most senior member shall preside.
The annual leave rights of those who cannot benefit from their work without interruption and who remain on duty shall be reserved.
Duties of the court on duty
Article 62 – The duty court shall perform the following tasks during the suspension period:
a) Matters related to the suspension of execution and the determination of evidence,
b) Matters that must be decided within a specific period of time by law.
Definition and regulation in the Council of State Law;
Suspension of work:
Article 86 – 1. Council of State
They suspend work every year from September until July 20 to August 31.
Definition and regulation in the Court of Accounts Law;
Leave and interruption of work:
ARTICLE 64 – (3) The General Assembly of the Court of Accounts, the Court of Cassation, the Chambers Council, and the chambers affiliated with them take a break every year from July 20 to August 31, starting on September 1.
Definition and regulation in Military Court of Cassation Law;
Judicial postponement:
Article 25 – The principle of suspension of general proceedings in peacetime also applies to the Military Court of Cassation.
Definition and regulation in the Military High Administrative Court Law;
Suspension of work:
Article 85-1. In peacetime, the High Military Administrative. Court suspends its work from July 20 to August 31, starting in. September each year.
There is no judicial recess at the Constitutional Court; work continues. In short, time is running out.
The time limit expires for cases and matters not subject to judicial recess.