As mentioned above, Turkish judicial system has a multipartite structure and this leads the existence of 4 different jurisdictional areas. The Court of Jurisdictional Disputes (the CJD) is a supreme court that is established to finalise the jurisdictional disputes that may occur between the courts of different jurisdictional areas. It does not have district and first instance courts. Its decisions are binding for the supreme, district and first instance courts except for the Constitutional Court. The Constitutional Court is outside the area of jurisdiction of the CJD.
Unlike other supreme courts, it does not have a separate budget and its budget is included in the budget of the Ministry of Justice. Both members and rapporteurs and other officials continue to receive their personal rights from the institutions they are affiliated to.
1. Structure
The CJD has two chambers and the Plenary Assembly:
- Chambers: There are two chambers as the Civil Law Chamber and the Criminal Law Chamber in accordance with the nature of the cases dealt with in the CJD. Each department consists of a president and six regular members. Also, six substitute members are elected to serve in place of the regular members in cases when they have an excuse. The Civil Law Chamber reviews and finalizes the disputes between the civil law courts, administrative courts and military administrative courts. The Criminal Law Chamber finalizes the disputes between civilian judiciary criminal courts and military judiciary criminal courts. Presidency of the both chambers is chaired by the President of the CJD.
- Plenary Assembly: The Plenary Assembly resolves the contradictions between the decisions of chambers and duty disputes between the chambers and it addresses resolutions in this regard. It consists of the President, deputy president and members. The President of the CJD chairs the Plenary Assembly.
- The President and the Deputy President: The President administers and represents the CJD. The President and the Deputy President to serve in absence of the President are elected by the Constitutional Court from among its regular and substitute members.
2. Jurisdiction and Administrative Duties
The CJD is established to resolve the jurisdictional disputes between the courts in the branches of civilian, administrative and military judiciary. There are two different types of disputes between these courts as “duty disputes” and “judgment disputes”. While the concept of “duty dispute” means that two courts from different jurisdictional branches have made contradictory judgements on which court should hold a case, the concept of “judgement dispute” means that two courts from different jurisdictional branches have made contradictory judgements in merits
of the same case. If the case is in the nature of conflict of civil law, the CJD finalizes the case. However, if the case is in the nature of the criminal law, the CJD only decides on the court that should deal with the case.
3. Officials
The President and members of the CJD are elected from among the members of other supreme courts. Rapporteurs and public officials also serve in the CJD.
- Members: 12 regular members, 12 substitute members and the President serve in the CJD. 6 regular members and 6 substitute members are elected for the Civil Law Chamber, in a way two regular and substitute members from each by the Assembly of Civil Law Chambers (of the Court of Cassation) and the Plenary Assembly of the Council of State from among their own members and by the Plenary Assembly of the HMAC from among its members, who are from the military judge class. Three regular members and three substitute members, 6 regular and 6 substitute members in total, are elected for the Criminal Law Department of the CJD by the Assembly of Criminal Law Chambers (of the Court of Cassation) and the Plenary Assembly of the Military Court of Cassation from among their own heads of chambers and members.
- President and Deputy President: The President and the Deputy President are elected by the Constitutional Court from among its own members. The Deputy President acts on behalf of the President in absence of him.
- Rapporteurs: In the CJD, those working under the civil and military judge class serve as rapporteurs. Rapporteurs are temporarily assigned by the competent authority of the institution they are affiliated to and on request of the President and acceptance of the relevant person. Rapporteurs review the files and deliver their opinions.
- Auxiliary personnel: Auxiliary personnel are employed in the CJD to carry out the office services and other administrative tasks.
IV. DISTRICT COURTS
In Turkey, district courts are found only in civilian judiciary branch. These courts evaluate the appeal applications against the decisions of the first instance courts and act as the first instance court in some cases with special nature as well.
District courts do not have their own separate budgets and the judges and prosecutors are subject to the inspection of the Ministry of Justice in terms of administrative issues and the supervision of the HCoJP in terms of the issues of appointment, promotion and discipline. The only exception in this regard is the members of the high courts (the Court of Cassation and the Council of State), who are assigned in these courts on their own requests.
Other than these issues, district courts have their unique features in line with their positions in civilian judiciary or administrative judiciary branches.