Finding the Supreme Court precedent is half; Adapting it to your concrete case and preparing for counter jurisprudence is the other half.
Ratio Decidendi detection
- Ratio decidendi: Legal basis of the decision; connector.
- Obiter dictum: The judge's interpretation, opinion; It is not binding.
- Detection method: Decision text → "case summary", "evaluation", "conclusion" sections are separated; "evaluation" kernel ratio.
Peer review method
Material similarity
- Not the same type of crime / case; same legal problem.
- If there is a difference of fact, "distinguishing" - precedent does not apply.
- If the phenomenon is very similar, "adaptation" (analogy).
Dispersed decisions
- There may be different decisions in the same office on different dates.
- HGK decision or Jurisprudence Unification Decision (İBK) has priority.
- If there is a conflict between departments, an IBK request is possible.
Frequently asked questions
I could not find the text of the decision, there is only a summary; Is it enough?
No, full text attribution is mandatory in the petition. Free access to UYAP or Supreme Court Decision Search (uyap.gov.tr) system. Premium service: Lex.com.tr, Synergy, e-Earnings.
Is the old decision (10+ years) still valid?
Generally yes, but in case of: (a) change in law, (b) new HGK decision, (c) change in Constitutional Court/ECtHR jurisprudence, up-to-dateness should be checked. "Date filter" + "withdrawn?" during decision search. control.
The regional courthouse decision was made contrary to the Supreme Court; what happens?
Before the decision of the appeal region becomes final, HMK 371 et seq. An appeal or appeal is possible. The Supreme Court opens the door to going to the HGK; It should be started before the final result.
Is the ECHR decision binding on Turkish courts?
AY Article 90/5 - International agreements that have duly entered into force have the force of law. ECHR decision, source of interpretation and direct application. Practical: The ECHR decision against Türkiye is considered a precedent in the Supreme Court.
How to request a Jurisdiction Unification Decision (IBK)?
If there are conflicting Supreme Court chamber decisions among the cases, through the Chief Public Prosecutor + the relevant chamber head + an individual lawyer (written request to the HGK). The process is 6-18 months; The result is HGK decision + IBK announcement.
Relevant legislation
- HMK article 371 et seq. — Appeal, appeal; legal remedies.
- Constitutional Constitutional Court Law — Right to individual application.
- ECHR — European Convention on Human Rights individual application.
- IYUK No. 2577 — Administrative trial; Powers of the Council of State.
- FSEK article 36 — Quotation from intellectual works; Commentary jurisprudence publication framework.