The Turkish legal system is based on a civil law system heavily influenced by Swiss, Italian, and German legal traditions. Here’s a brief summary of its key aspects:
Constitutional Framework
Contents
Turkey’s legal system is governed by its Constitution, which outlines the basic principles of the state (democratic, secular and social state) fundamental rights and freedoms, and the structure of the government.
Separation of Powers
Turkey has a separation of powers between the legislative, executive, and judicial branches. The Parliament (the Grand National Assembly of Turkey) is responsible for making laws, the President serves as the head of state and executive, and the judiciary interprets and applies the laws.
Legal Codes
Turkish legal system is codified, meaning that laws are primarily written down in statutes and codes. The Turkish Civil Code, Criminal Code, Commercial Code, and Code of Obligations are among the main legal codes governing various aspects of civil and criminal law.
Hierarchy of Courts
The Turkish judicial system consists of several layers of courts, including civil and administrative courts and the jurisdiction has three levels; first-instance courts, appeal courts and civil, administrative and criminal cassation courts. The highest court in Turkey is the Constitutional Court, which reviews the constitutionality of laws and regulations. The Court of Cassation is the highest court for criminal and civil cases.
Legal Reforms
Turkey has undergone numerous legal reforms aimed at aligning its legal system with European standards, particularly in the context of its bid to join the European Union (EU). These reforms have addressed issues related to human rights, judicial independence, and the rule of law.
In summary, the Turkish legal system is a civil law system with its own unique characteristics, influenced by both European and Turkish legal traditions. It has evolved over time through various reforms aimed at modernization, democratization, and alignment with international legal standards.
