When Do Court Decisions Become Final?
The judicial process is very comprehensive, multi-faceted, and, most importantly, a serious process. Therefore, it is obvious that mistakes can be made during the trial. Consequently, since it is possible that the decision rendered may be flawed, the institution of appeal, which involves transferring the case file to a higher court, has been established in Turkish law. You have the right to appeal the decisions made by the courts of first instance, i.e., the local courts. In an appeal, the file is reviewed by the Council of State or the Court of Cassation, depending on the court of first instance. The judicial process continues in this manner. The judicial process ends when the decision becomes final.
What Does Finalization of the Decision Mean?
For a decision to become final, there must be no further legal recourse available, meaning all avenues have been exhausted. In other words, a decision that has not been appealed is not final until the appeal period has passed. For example, a decision rendered by a high criminal court is not final at the time it is rendered. The appeal period determines whether the decision is final or not. If the decision is not appealed within the appeal period, it becomes final; if it is appealed, the Court of Cassation’s review of the case is awaited. The decision rendered after this review may be final.
In some decisions, however, the law does not allow for legal remedies, i.e., appeal, or in other words, the possibility of transferring the file to the Council of State or the Court of Cassation. The reason for this is that it would be a waste of time and resources to appeal simple matters.
What is a Judgment, What Does it Mean?
A judgment is, in short, the document containing the court’s decision. This document, given to the parties, must be signed and sealed. The final sections of the judgment state whether the decision is final and binding, and within how many days an appeal can be filed with which authorities. As mentioned above, the decision issued by the local court becomes final if it is not appealed within the appeal period. If it is appealed within the period, we cannot say that the decision has become final.
How Can I Ensure the Decision Becomes Final?
There are certain criteria, varying according to the court, for ensuring that the decision becomes final. These criteria can be listed as follows:
1-) In civil courts: For the decision to become final, it must be served on the parties. After the reasoned decision is written, the decision is served on the parties at the request of either party, and the appeal period begins from the date of service.
2-) In labor, enforcement, and criminal courts; if the decision is announced to the parties (i.e., verbally in the courtroom, as stated in the literature), the period begins on the date of the announcement; if it is not announced, the period begins on the date the notification is received.
3-) In Administrative Courts, the decision is served to the parties automatically. There is no need for the parties to request service. The period begins to run from the date the service is received.
What is an Appeal?
An appeal is a legal process. To appeal means to request a higher court to review whether the decision made by the court of first instance, i.e., the local court, is correct and whether it violates the law. In judicial proceedings, the Court of Cassation acts as the higher court, while in administrative proceedings, the Council of State acts as the higher court.
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