The Turkish Constitutional Court (“TCC”), in its decision dated December 4, 2024, and numbered 2023/182 E., 2024/203 K., published in the Official Gazette on January 30, 2025, ruled that the provision in paragraph (2) of the additional Article 1 of the Code of Civil Procedure (Law No. 6100, "CCP"), which was added in 2016 and stipulates that "monetary thresholds should be determined based on the amount applicable on the date the judgment is rendered," is unconstitutional and annulled it for being contrary to Articles 13 and 36 of the Constitution.
This ruling constitutes a significant judicial precedent aimed at preventing potential losses of rights at different stages of litigation concerning the determination of appeal and cassation thresholds. Additionally, it should be regarded as a development that may lead to fundamental changes in judicial practices in terms of the right to access the courts, legal certainty, and foreseeability.
Subject and Grounds for Unconstitutionality
Articles 341 and 362 of the CCP regulate the monetary thresholds for appeal and cassation applications. These thresholds are increased annually based on the revaluation rate determined under the Tax Procedure Law and were applied according to the threshold in force on the date the judgment was issued.
In the application submitted to the TCC, it was argued that determining the monetary thresholds based on the amount applicable on the judgment date could render an appealable decision at the time of filing the lawsuit non-appealable as the trial progressed. It was claimed that this situation contradicted the principles of legal certainty and foreseeability, violated the right of access to the courts, and undermined the principle of equality.
The Constitutional Court, in its assessment, emphasized the following points:
Legal security requires that individuals should be able to foresee the legal remedies available to them at the beginning of the litigation process. However, determining monetary thresholds based on the judgment date could result in a decision initially deemed appealable becoming non-appealable as the trial progresses.
Differences in trial durations among courts lead to inconsistent outcomes for cases filed on the same date. While individuals whose cases conclude faster may have access to appeal, those with longer trials may be deprived of this right.
The right of access to the courts includes not only the right to initiate a lawsuit but also the right to have a judgment reviewed by higher courts. In this context, the right to appeal should not be affected by unforeseen factors during the judicial process.
Based on these considerations, the Turkish Constitutional Court annulled the phrase “341st and 362nd” in paragraph (2) of Additional Article 1 of the CCP for being contrary to Article 13 of the Constitution, which stipulates that fundamental rights and freedoms may only be restricted by law, and Article 36, which guarantees the right to legal remedies. Additionally, to address the legal vacuum that would arise from the annulment, the TCC ruled that the decision would take effect nine months after its publication in the Official Gazette.
Conclusion
The TCC’s decision dated December 4, 2024, and numbered 2023/182 E., 2024/203 K. is a significant judicial precedent that upholds the right of access to the courts and ensures legal foreseeability and the principle of equality.