Right to a Reasoned Decision and Court's Evaluation of Substantial Objections — Attorney Gizem Gonce

October 30, 2026 — Can a court decision be overturned if the court fails to evaluate important objections?

Attorney Gizem Gonce

Is the court obliged to answer every claim separately?

The court is not obliged to answer every single detail put forward by the parties one by one. However, substantial claims of a nature that could change the outcome of the lawsuit must be addressed.

Especially failing to explain why important submitted evidence or precedent decisions were not accepted may constitute a legal problem.

Is issuing an unreasoned decision a violation of rights?

The right to a fair trial guaranteed in Article 36 of the Constitution and the principle of writing decisions with justifications in Article 141 of the Constitution are important in this regard.

The insufficiency of the decision's justification may constitute a violation in terms of the right to a fair trial in the specific case.

Can a citizen apply to the Constitutional Court (AYM)?

After ordinary legal remedies are exhausted, an individual application can be made on the grounds that a constitutional right has been violated. The application deadline is 30 days from learning of the final decision.

Does an AYM decision mean winning the lawsuit directly?

No. The Constitutional Court issuing a violation decision does not always mean that the lawsuit will result in favor of the applicant on the merits. Retrial may be in question to eliminate the violation.

Is the court obliged to answer all claims of the parties?

It is not mandatory to answer every detail one by one. However, substantial claims that could affect the outcome of the lawsuit must be addressed.

What can be done if the right to a reasoned decision is violated?

Depending on the nature of the specific case, appeal (istinaf) and cassation (temyiz) paths can be resorted to. If a violation of a constitutional right is in question after ordinary legal remedies are exhausted, an individual application to the Constitutional Court (AYM) may come into question.

For general informational purposes. The documents, application routes, and deadlines of the specific case must be evaluated separately.