Higher Courts

Updated April 2026

The five high judicial bodies of Türkiye are the courts of last resort in their respective domains. They ensure that constitutional, civil, criminal, and administrative law is applied uniformly across the country, and that public revenues and expenditures are audited on behalf of the legislature.

1. The Constitutional Court (Anayasa Mahkemesi)

The Constitutional Court is the highest organ of constitutional review. It is composed of 15 members (reduced from 17 by the 2017 amendments), who serve a single, non-renewable twelve-year term (Constitution, Art. 146).

Composition

The President of the Republic appoints twelve members; the TBMM elects three members from candidates nominated by the Court of Accounts (two) and the Bar Association (one). The Court sits in two Sections and a General Assembly. The President of the Court and Vice Presidents are elected from among its members.

Functions

• Constitutional review. Examines the constitutionality of laws, Presidential Decrees, and the Rules of Procedure of the Grand National Assembly.
• Individual application. Since 2012, any individual within the jurisdiction of Türkiye may apply to the Court alleging violation of a fundamental right protected by the Constitution and the European Convention on Human Rights, after exhausting other domestic remedies (Constitution, Art. 148; Law No. 6216).
• High Tribunal (Yüce Divan). Sits as a high criminal court to try the President, Vice Presidents, Ministers, presidents and members of the high courts, the Chief of General Staff, and the force commanders for offences relating to their duties.
• Supervision of political parties. Audits the finances of political parties and rules on their permanent dissolution or the deprivation of state aid (Constitution, Arts. 68–69).

2. The Court of Cassation (Yargıtay)

The Court of Cassation is the court of last resort for civil and criminal cases. It reviews judgments of the lower courts on points of law and ensures uniformity in the application of legislation across regional courts of appeal.

Composition

Members of the Court of Cassation are elected by the Council of Judges and Prosecutors (HSK) from among first-class judges and prosecutors. The Court sits in chambers and in a General Assembly that issues binding precedents (içtihadı) on contested points of law.

3. The Council of State (Danıştay)

The Council of State is the highest administrative court (Constitution, Art. 155). It hears appeals from the regional administrative courts of appeal and, in certain matters, sits as the court of first instance.

Functions

• Final review of decisions of administrative courts.
• Issuance of opinions on draft regulations submitted by the President of the Republic.
• Adjudication of administrative disputes specifically reserved to it by law.

Composition

Three-quarters of Danıştay members are elected by the HSK; one-quarter are appointed by the President of the Republic from among senior administrators meeting statutory criteria.

4. The Court of Jurisdictional Disputes (Uyuşmazlık Mahkemesi)

This court resolves conflicts of jurisdiction or judgment between the judicial and administrative orders (Constitution, Art. 158). Following the abolition of the military courts in 2017, it no longer adjudicates conflicts involving military jurisdictions. The Constitutional Court’s decisions are decisive in case of conflict between the Constitutional Court and another high court.

5. The Court of Accounts (Sayıştay)

The Court of Accounts audits the revenues, expenditures, and assets of the public sector on behalf of the Grand National Assembly and rules on the financial accountability of public officials (Constitution, Art. 160; Law No. 6085). Its findings are reported annually to the TBMM.

The military courts: abolition

The 2017 amendments abolished the entire system of military justice. The Supreme Military Court of Appeals and the Supreme Military Administrative Court were dissolved, and their jurisdiction over military personnel and military matters was transferred to the civilian judicial and administrative courts. Military discipline courts may continue to operate during a state of war.