The Constitutional Court (“CC“), by its decision dated 26 February 2026 and numbered E.2026/49, K.2026/48 (“the Decision”), unanimously annulled Article 362(1)(a) of the Code of Civil Procedure numbered 6100 dated 12 January 2011 (“CCP”), finding it to be unconstitutional to the extent that it applies to cases where the Regional Court of Appeal partially or fully accepts the appeal. The Decision was published in the Official Gazette numbered 33260 dated 21 May 2026.
Pursuant to Article 362(1)(a) of the CCP, cassation is not available against decisions rendered by Regional Courts of Appeal in cases where the value of the dispute does not exceed the applicable monetary threshold.
This threshold is increased at the beginning of each calendar year at the revaluation rate, in accordance with Supplementary Article 1 of the CCP. As of 1 January 2026, the applicable threshold stands at TRY 682,000.
The case was brought before the CC upon a referral by the 3rd Civil Chamber of the Ankara Regional Court of Appeal, which, in the course of hearing an appeal against a negative declaratory action filed in response to the administration’s claim for compulsory service and proportional training costs, concluded that the provision in question was unconstitutional.
In its referral decision, the court argued that where the Regional Court of Appeal partially or fully accepts the appeal, its decision constitutes a judgment rendered for the first time in a manner that differs from the first instance court’s decision; however, under the impugned provision, such a decision is final and not subject to further review, thereby eliminating the possibility of having the judgment examined within the scope of the right to a fair trial.
The CC acknowledged that the relevant provision serves legitimate aims, such as reducing the workload of the Court of Cassation and ensuring that cases are concluded within a reasonable time. However, it emphasized that where the Regional Court of Appeal partially or fully accepts the appeal, a substantive decision is rendered for the first time in a manner that differs from that of the first instance court, and that closing such a decision off from review by way of cassation constitutes a disproportionate interference with the right to have a judgment examined.
The CC examined the relevant provision considering its earlier precedent, in which it annulled a similar regulation. In its decision dated 27 March 2025 and numbered E.2024/189, K.2025/83, the CC had reviewed the first sentence of Article 45(6) of the Administrative Procedure Law numbered 2577, which provides that decisions of Regional Administrative Courts that are not subject to cassation are final, with respect to cases where the appeal is partially or fully accepted, and had annulled that sentence on the grounds that it was incompatible with Articles 13 and 36 of the Constitution.
Consequently, finding no reason to assess the impugned CCP provision differently from its earlier precedent, the CC unanimously held that the provision is incompatible with Articles 13 and 36 of the Constitution with respect to cases where the appeal is partially or fully accepted, and annulled accordingly.
The decision has no bearing on cases falling within the scope of Article 8 of Law numbered 7036 on Labor Courts. Under that provision, the exclusion of cassation review against decisions rendered by Regional Courts of Appeal in actions contesting notices of termination (reinstatement actions) brought pursuant to Article 20 of the Labor Law numbered 4857, in actions seeking the annulment of disciplinary sanctions imposed on employees under collective bargaining agreements or workplace regulations, and in actions instituted under various provisions of the Trade Unions and Collective Bargaining Agreements Law numbered 6356, is governed by a separate statutory provision independent of the CCP. Accordingly, the avenue of cassation review in reinstatement actions remains closed even following the decision.
You can access the full text of the Decision via this link. (Only available in Turkish)
