Business And Transactions To Be Carried Out During The Judicial Holiday
The judicial vacation starts on July twenty and ends on August thirty-one each year. The new judicial year begins on September 1.
I – JUDICIAL COURTS OF FIRST INSTANCE
A- CIVIL COURTS
Judicial vacation period
ARTICLE 102- (Amended: 8/8/2011-KHK-650/33 art.; Cancel: Constitutional Court dated 18/7/2012 and E.: 2011/113 K.: 2012/108; (1) Restatement: 27/6/2013-6494/30 Art.) (1) The aforementioned Annulment Decision entered into force on 1/7/2013.
(1) Judicial vacation starts on July twenty and ends on August thirty-one each year. The new judicial year shall begin on September 1.
Cases and matters to be heard during the judicial vacation:
ARTICLE 103- (1) Only the following cases and proceedings shall be heard during the judicial vacation:
a) Decision on interim legal protection such as precautionary injunction, precautionary attachment, and determination of evidence, requests for taking marine reports and appointment of a dispatcher, and objections to be made against them and other applications.
b) All kinds of alimony cases and cases or proceedings relating to paternity, custody and guardianship.
c) Correction of civil registry records and lawsuits.
ç) Lawsuits filed by the employees due to the service contract or employment contract.
d) Requests for the issuance of a certificate of loss due to the loss of commercial books and cancellation proceedings arising from the loss of negotiable instruments.
e) Bankruptcy and concordat proceedings and proceedings relating to restructuring of capital companies and cooperatives through reconciliation.
f) Discoveries decided to be made during the judicial vacation.
g) Cases and matters falling within the jurisdiction of the court according to the arbitration provisions.
ğ) Non-contentious judicial affairs.
h) Cases and proceedings that are specified as urgent in the laws or upon the request of one of the parties, the court decides to be heard urgently.
(2) Upon the agreement of the parties or upon the request of the party who is present if the case is being heard in the absence of a party, the hearing of the above-mentioned cases and proceedings may be postponed until after the judicial vacation.
(3) During the judicial recess, the procedures of receiving the petitions for lawsuit, counterclaim, appeal and cassation and the reply petitions filed against them and the petitions for renewal of the cases whose file has been removed from the process, issuing a writ, all kinds of notifications, sending the file to another court, regional court of justice or the Supreme Court shall also be carried out in relation to the cases and proceedings other than those specified in the paragraphs above.
(4) The provisions of this Article shall also apply to the examinations of the regional courts of appeal and the Court of Cassation.
The effect of judicial vacation on time limits:
ARTICLE 104- (1) In cases and matters subject to judicial vacation, if the expiry of the periods determined by this Law coincides with the vacation time, these periods shall be deemed to be extended by one week from the day the judicial vacation ends without the need for a separate decision.
B- CRIMINAL COURTS
JUDICIAL HOLIDAY
Article 331 –
(1) (Amended: 8/8/2011-KHK-650/27 art.; Cancel: Constitutional Court dated 18/7/2012 and E.: 2011/113 K.: 2012/108; Revised: 27/6/2013-6494/25 Art.) The criminal authorities and courts shall suspend their work from July twenty to August thirty-one, starting on September first of each year.
(2) The High Council of Judges and Public Prosecutors shall determine the manner in which investigations and prosecutions relating to detained matters and other matters deemed urgent shall be carried out during the vacation period.
(3) During the vacation period, the regional courts of justice and the Court of Cassation shall only examine the cases related to pre-trial detention or the cases under the Law on the Procedure for the Prosecution of Capital Offenses.
(4) The periods coinciding with the judicial vacation shall not run. These periods shall be deemed to have been extended by three days from the day the vacation ends.
II – ADMINISTRATIVE JURISDICTION (REGIONAL ADMINISTRATIVE, ADMINISTRATIVE and TAXATION COURTS)
General Principles Regarding Time Periods
Article 8 – 3. If the expiry of the periods stipulated in this Law coincides with a break in work, these periods shall be deemed to be extended for seven days from the date following the day on which the break ends.
Interruption of work
Article 61 – 1. The regional administrative, administrative and tax courts shall suspend their work from July twenty to August thirty-one each year, starting on September 1. However, the administrative and tax courts located outside the provincial center where the regional administrative court is located shall not benefit from the suspension of work. These courts shall continue their duties without being subject to the limitation in Article 62.
During the recess period, upon the proposal of the president of the regional administrative court, the High Council of Judges and Prosecutors shall establish a court on duty in the center of each regional administrative court with the participation of three judges to be assigned among the presidents and members of the administrative and tax courts. The most senior president of the court on duty, or if there is no senior member, the most senior member shall preside over the court on duty.
Those who cannot benefit from the interruption of work and those who remain on duty shall be entitled to annual leave.
Duties of the court on duty
Article 62 – The court on duty shall perform the following acts during the interruption period:
a) Matters pertaining to stay of execution and determination of evidence,
b) Matters that are required by law to be decided within a certain period of time.
Definition and regulation in the Council of State Law;
Suspension of work:
Article 86 – 1. The chambers of the Council of State shall suspend their work from July twenty to August thirty-one, starting on September first of each year.
Definition and regulation in the Law on Court of Accounts;
Leave and suspension of work:
ARTICLE 64 – (3) The General Assembly, the Board of Appeals, the Board of Chambers and the departments of the Court of Accounts shall take a break from work from July twenty to August thirty-one each year, starting on September first.
Definition and regulation in the Military Court of Cassation Law;
Judicial recess:
Article 25 – The general judicial recess in peacetime shall also apply to the Military Court of Cassation.
Definition and regulation in the Law on the High Military Administrative Court;
Suspension of work:
Article 85-1 In peace, the Supreme Military Administrative Court shall suspend its work from July twenty to August thirty-one, starting on September first of each year.
There is no judicial vacation at the Constitutional Court, work continues. In short, the clock is ticking.
In cases and proceedings that are not subject to judicial recess, the deadlines are running.
We wish you good work…
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