When Do Court Decisions Become Final?
The trial process is a very comprehensive, multi-branched and most importantly a serious process. Therefore, it is obvious that mistakes can be made at the point of judgment. Therefore, since it is thought that the decision to be made may be erroneous, the appeal institution, which is the process of moving the file to a higher court, has taken place in our Turkish Law. With your right to appeal the decisions of the first instance, that is, the local courts, you appeal the file. On appeal, the file is examined by the Council of State or the Supreme Court according to the court of first instance. The trial process continues in this way. The end of the trial process occurs with the finalization of the decision.
What Does Finalization of the Decision Mean?
In order for the decision to be final, there must be no legal remedy left, that is, it must be exhausted. To put it more clearly, the decision that was not appealed was not finalized until the appeal period expired. For example, the decision of the heavy penal court was not finalized at the time it was given. The appeal period determines whether the decision is final or not. If the decision is not appealed within the appeal period, it becomes final, and in case of appeal, the Court of Cassation is expected to review the file. The decision to be made after this examination may be a final decision.
In some decisions, the possibility of taking the file to the Council of State or the Court of Cassation is not recognized by the law. The reason for this is not to increase the workload of the high courts due to simple matters.
What is ilam, what does it mean?
In short, it means the paper on which the decision of the court is written. This paper given to the parties must be signed and sealed. In the last part of the notice, it is written whether the decision is final or not, and which authorities can be applied for the decision within how many days. As we mentioned above, the decision of the local court becomes final if no appeal is made within the appeal period. We cannot talk about the finalization of the decision when it is appealed within the time limit.
How can I ensure that the decision is finalized?
There are some criteria that vary according to the courts in order to ensure the finalization of the decision. If we need to sort these criteria under headings:
1-) In civil courts; In order for the decision to become final, it must be notified to the parties. After the reasoned decision is written, the decision is notified to the parties upon the request of any of the parties and the appeal period starts to run from the date of this notification.
2-) In Labor, Enforcement and Criminal courts; If the decision is annotated to the parties (in other words, it is in the literature as saying it to the face in the courtroom), if it has not been announced from the date of the announcement, the time starts to run from the date of the notification.
3-) In administrative courts, the decision is automatically notified to the parties. The parties do not need to request for notification. The period starts to run from the date the notification is received.
What is an Appeal, What Does It Mean?
An appeal is a legal action. To appeal means to request a higher level court to examine whether the decision of the first instance court, that is, the local court, is correct or not and whether it is unlawful. The Court of Cassation is the supreme court in the judiciary, and the Council of State is the supreme court in the administrative judiciary.
