Appeal Jurisdiction and Temporary Legal Protection Measures

Our study examines the role of appellate jurisdiction in the Turkish legal system, the measures of interim legal protection, and their implementation details. Legal systems provide interim legal protection measures to ensure the prompt resolution of disputes. These measures safeguard the right to access justice and maintain social order. In Turkish law, interim legal protection measures are regulated in various forms, including precautionary injunctions, precautionary attachment, sealing, and evidence determination. The appellate remedy was introduced into the Turkish legal system in 1864 but was temporarily abolished by the law enacted in 1340. However, it was reinstated under Law No. 5235 and became operational on July 20, 2016. Unlike cassation, appellate review involves both legal and factual examination. The legislator emphasized the necessity of appellate jurisdiction, highlighting that cassation solely reviews legal violations, whereas an additional layer of review is required to establish material truth. The role of the Court of Cassation in setting judicial precedents and the necessity for appellate courts to conduct substantive legal analysis have increased the demand for appellate review. However, some critics argue that a three-tier judicial system may cause delays in access to justice.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5357540