Newsletter-21

Establishment, Structure and Functioning of Regional Courts of Appeal* Att. Suleyman Sevinc Appellate jurisdiction is regulated under the Civil Procedure Code 1 (“CPC”) that entered into force on 01.10.2011. Thus, the deci- sions rendered by the courts of first instance may be challenged before the competent regional courts of appeal, and the regional courts of ap- peal sit between the courts of first instance and the Court of Cassation. However, establishment of the regional courts of appeal and entry into force of the appellate jurisdiction has been postponed several times. Fi- nally, the Regulation on Procedures Regarding the Administrative and Clerk Services for the Courts of Appeal, Civil Courts of First Instance and Office of the Chief Public Prosecutor of the Republic entered into force through publication in the Official Gazette dated 06.08.2015 and numbered 29437, and the Resolution of the Official Start Date of the Courts of Appeal and the District Administrative Courts 2 provides that the regional courts of appeal come into effect as of 20.07.2016. We will assess the establishment, functioning, and appellate procedure against the decisions of the civil courts of first instance within the scope of this Newsletter. Establishment, Structure and Role Art. 25-32 of the Law on the Establishment, Role and Compe- tence of the Civil and Criminal Courts of First Instance and the Courts of Appeal 3 (“Law on the Establishment”) sets forth the establishment and the structure of the regional courts of appeal. Regional courts of appeal are established in determined regions in accordance with the geographical position and workload in these regions. Accordingly, * Article of May 2016 1 Published in the Official Gazette dated 04.02.2011 and numbered 27836. 2 Published in the Official Gazette dated 07.11.2015 and numbered 29525. 3 Published in the Official Gazette dated 07.10.2004 and numbered 25606.