Judicial Recess and Its Effects on Trial Periods
Summary: As per Administrative Jurisdiction Procedure Law, procedures at Regional Administrative Courts, Administrative Courts and Tax Courts are suspended from July 20 through August 31 and resume on September 1 every year. Within this period, the courts are in judicial recess, except for situations stipulated by law. This practice covers judicial and administrative procedures. The Constitutional Court does not enter into judicial recess. As the Court continues working during the judicial recess, application periods and other granted periods continue.
I. Scope of the Judicial Recess
Procedures at Regional Administrative Courts, Administrative Courts and Tax Courts are suspended during the judicial recess. In addition, administrative judicial authorities outside the provincial center, where the regional administrative court of the relevant jurisdiction is located, and in places with only one administrative or tax court, are outside the scope of the judicial recess.
Periods such as term of litigation, term of response, term of objection to the decision for stay of execution, period for appeal, term of retrial, etc. do not continue during the judicial recess. In addition, there are no legal obstacles for making such applications.
Services that should continue during the judicial recess are carried out through courts on duty, which perform procedures for stay of execution and recording of evidence during the judicial recess, as well as procedures that should be decided within certain legal periods.
II. Judicial Recess with Regard to the Effect of Periods
If the last day of periods specified in the Administrative Jurisdiction Procedure Law coincides with the judicial recess, such periods are extended for seven days starting from the day after the ending day of the judicial recess.
In lawsuits and procedures subject to judicial recess as per the Code of Civil Procedure, if the ending day of periods specified in this code coincide with the judicial recess, such periods are extended for one week starting from the ending day of the judicial recess without the need for any additional decision.
For trials of tax crimes at Criminal Courts, periods coinciding with the judicial recess do not continue. Such periods are extended for three days starting from the ending day of the judicial recess.
III. Implementation of Law no. 6183
As the Administrative Jurisdiction Procedure Law regulates the judicial recess in terms of periods specified in the Law, the judicial recess is not applicable for disputes arising from Law no. 6183 and settled at administrative/tax courts
IV. With Regard to Tax-Related Disputes at Private Law Courts
Lawsuit, counterclaim and appeal petitions to be submitted for lawsuits and procedures other than those specified in the Law (Art. 103), as well as relevant reply petitions, renewal petitions for lawsuits with closed files, court orders and all kinds of notifications are sent to another court, to the regional court of justice or Court of Cassation.
V. With Regard to Tax Crimes at Criminal Courts
The manner of conducting investigations, proceedings under arrest and other urgent issues during the judicial recess are determined by the High Council of Judges and Prosecutors. During the judicial recess, regional courts of justice and Court of Cassation only examine proceedings under arrest or procedures under the Code of Procedure for Flagrant Offences.
Should you have any questions regarding the judicial recess law, please do not hesitate to contact us.
Regards
