Turkey's Constitutional Court has published the full text of its decision on a decision by the 22ndChamber of the Supreme Court (31 December 2012, numbered E. 2012/23578 and K. 2012/23992; "Supreme Court"). The Constitutional Court held that the Supreme Court's decision lacked legal justification and therefore violated the parties' right to a fair trial.
In the recently published decision, the Constitutional Court held that court decisions must:
- Outline the material facts which establish the court's overall decision.
- Indicate the decision's reasons and legal basis.
- Show a logical connection between the material facts and the decision.
The Constitutional Court noted that if a court fails to sufficiently respond to procedural and substantive claims or defenses, this may violate the parties' right to a fair trial.
The dispute in question involved lawsuit where the applicant claimed their employment termination had no valid grounds and sought re-employment. The defendant claimed a decrease in workload had legitimately led to the termination on the basis of the employer having excess staff.
The district court accepted the applicant's (employee's) claim and determined the termination ground to be invalid. The defendant (employer) appealed the decision to the Supreme Court. The Supreme Court reversed the district court's decision, dismissing the applicant's claim by taking the seat of the District Court. The applicant applied to the Constitutional Court, claiming his rights to a fair trial and justified decision have been violated.
Based on the reasoning noted above, the Constitutional Court returned the matter to the Supreme Court to be re-examined.
The Constitutional Court's decision was rendered by a majority. Dissenting judges commented that unless an obvious fault in discretion or arbitrariness exists, the Constitutional Court cannot evaluate evidence and material facts, interpret and apply the rules of law, nor determine whether a decision's conclusion is justified.
You can read the full text of the Constitutional Court's reasoned decision at this link (only available in Turkish).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.