Ankara --:-- · —
bilgi@utuhukuk.com
0536 593 16 00
UTU Hukuk ve Danışmanlık7 min readUpdate:
Judicial recess, which begins on 20 July and ends on 31 August each year, is a period during which the functioning of the courts is restricted to a certain extent by law. Although not all activities of the judicial authorities stop during this period, matters which by their nature cannot be delayed without harm and matters that must be heard during the judicial recess are excepted. In this article, we assess how the judicial recess applies in civil, criminal and administrative proceedings and in enforcement and bankruptcy law, which cases are heard during the judicial recess and how time limits are extended.
The judicial recess is not a period during which the judiciary stops completely; which matters are heard and how time limits run are determined by the applicable law. The rules on the matters that may be heard during the judicial recess and on the extension of time limits differ between the ordinary and administrative courts.
Under the Code of Civil Procedure, the actions and matters to be heard during the judicial recess are as follows:
For actions and matters other than those listed above, the acceptance of statements of claim, counterclaims, appeal and cassation petitions and the responses to them, as well as petitions to renew actions removed from the docket, the issuing of judgments, all kinds of service of process and the sending of the file to another court, a Regional Court of Appeal or the Court of Cassation are also carried out during the judicial recess.
Extension of time limits · Code of Civil Procedure
In actions and matters subject to the judicial recess under the Code of Civil Procedure, if the time limits set by that Code expire during the recess, they are deemed extended by one week from the day the judicial recess ends, without any need for a separate decision.
Under the Code of Criminal Procedure, the actions and matters to be heard during the judicial recess are as follows:
In addition, actions and matters falling within the scope of the the summary proceedings procedure also continue to be heard during the judicial recess. However, actions and matters within the simplified trial procedure, other than those heard by enforcement courts, are not heard during the judicial recess.
Heard during the judicial recess
Investigative acts, matters concerning detained persons, urgent matters and actions and matters within the summary trial procedure.
Not heard during the judicial recess
Actions and matters within the simplified trial procedure (other than those heard by enforcement courts).
Extension of time limits · Code of Criminal Procedure
In actions and matters subject to the judicial recess under the Code of Criminal Procedure, time limits falling within the judicial recess do not run. These time limits are deemed extended by three days from the day the recess ends.
The Administrative Procedure Law governs administrative courts and tax courts together, and the Tax Procedure Law contains no provision on the judicial recess. Under Article 61 of the Administrative Procedure Law, regional administrative courts, administrative courts and tax courts suspend their work each year from 20 July to 31 August, resuming on 1 September.
Under the Administrative Procedure Law, the actions and matters to be heard during the judicial recess are as follows:
It should be noted that, in the Administrative Procedure Law, the judicial recess is regulated in the form of a suspension of work. Administrative proceedings differ in this respect from other fields.
Exception
Administrative courts in places outside the provincial centre where the regional administrative court with jurisdiction over them is located, and where there is only one administrative court or one tax court, cannot benefit from the suspension of work.
If the time limits laid down in the Administrative Procedure Law expire during the suspension of work, they are deemed extended by seven days from the day following the end of the suspension.
Enforcement and bankruptcy law, by contrast, has a system that differs from other branches of the judiciary. Enforcement and bankruptcy offices and enforcement courts are not subject to the provisions on the judicial recess. As a natural consequence, during the judicial recess enforcement proceedings as a rule continue. Since enforcement and bankruptcy offices and enforcement courts are not subject to the provisions on the judicial recess, no extension of time limits applies by reason of the judicial recess.
The rules set out above can be summarised by branch of the judiciary, as regards the extension of time limits, as follows:
Extension of time limits during the judicial recess
| Kanun | Time limit rule |
|---|---|
| Code of Civil Procedure | If the time limit expires during the recess, it is deemed extended by one week from the day the judicial recess ends. |
| Code of Criminal Procedure | Time limits falling within the judicial recess do not run; they are deemed extended by three days from the day the recess ends. |
| Administrative Procedure Law | Deemed extended by seven days from the day following the end of the suspension. |
| Enforcement and Bankruptcy Law | No extension of time limits applies by reason of the judicial recess. |
The judicial recess is a period beginning on 20 July and ending on 31 August each year, during which the functioning of the courts is restricted to a certain extent by law. Not all activities of the judicial authorities stop during this period; matters which by their nature cannot be delayed without harm and matters that must be heard during the judicial recess are excepted.
The judicial recess begins on 20 July and ends on 31 August each year. Regional administrative courts, administrative courts and tax courts also suspend their work from 20 July to 31 August.
Under the Code of Civil Procedure, requests for interim legal protection such as interim injunctions, provisional attachments and the preservation of evidence, all kinds of maintenance actions, actions or matters relating to parentage, custody and guardianship, the correction of civil registry records, actions brought by employees, bankruptcy and concordat matters, non-contentious matters, and actions and matters ordered to be heard urgently are heard during the judicial recess.
In matters subject to the Code of Civil Procedure, if a time limit expires during the recess, it is deemed extended by one week from the day the judicial recess ends. In criminal proceedings, time limits falling within the judicial recess do not run and are deemed extended by three days from the day the recess ends. In administrative proceedings, this period is seven days.
Yes. Even for actions and matters other than those to be heard during the judicial recess, statements of claim, counterclaims, appeal and cassation petitions and the responses to them are accepted, judgments are issued and all kinds of service of process are carried out during the judicial recess.
Yes. Under the Code of Civil Procedure, actions brought by employees on the basis of a service contract or an employment contract are among the actions and matters to be heard during the judicial recess.
Investigative acts, prosecutions concerning detained persons and other matters deemed urgent are heard during the judicial recess. Actions and matters falling within the summary trial procedure (seri muhakeme) also continue to be heard during the judicial recess. However, actions and matters within the simplified trial procedure (basit muhakeme), other than those heard by enforcement courts, are not heard during the judicial recess.
Yes. Enforcement and bankruptcy offices and enforcement courts are not subject to the provisions on the judicial recess. As a natural consequence, enforcement proceedings as a rule continue during the judicial recess, and no extension of time limits applies by reason of the judicial recess.
Consultation request
At UTU Hukuk Danışmanlık, we provide legal representation and advisory services in the field of general law.
Fill in the form and we will call you. You can also contact us directly:
