At the General Assembly of the Turkish Grand National Assembly, the Bill on Amendments to Certain Laws for the Effective and Efficient Operation of the Judiciary, known publicly as the "12th Judicial Package", was accepted and became law.
The law makes changes to the Execution and Bankruptcy Law. Accordingly, in case it is decided to dissolve the partnership by selling the immovable properties that all owners have acquired by inheritance and where third parties other than the heirs do not have ownership rights, the first auction in the auctions will be held only among the heirs who are the owners. This auction method, which will be made only between the heirs of the owner, will be applied only once.
Arrangements will also be made in the announcement to be made on the electronic sales portal. Accordingly, in the announcement to be made on the electronic sales portal, it will be stated that if the creditor who requests a sale and wants to participate in the auction applies to the enforcement office that makes the sale by the end of business day before the end of the auction period, no guarantee will be taken from him in the amount that the receivable covers the guarantee, and the Treasury is exempt from providing collateral in auctions.
In addition, in the announcement in question, the bids to be made on the electronic sales portal shall be 50 percent of the estimated value of the seized property, 100 percent of the estimated value in cases where the first auction is made only among the heirs of the owner in the settlement of the partnership by sale, 50 percent of the estimated value in the second auction and the sum of the receivables secured by that property and having priority over the receivables of the person requesting the sale, whichever is greater, and in addition to this amount, conversion and distribution into cash. It will include the costs that must be covered.
In the announcement, it is stated that if the tender buyer submits the highest bid and does not pay the tender price within the deadline, the security received will not be returned but will first be deducted from the sales expenses, the remaining amount will be paid to the rightful owners as an offset to their receivables in terms of enforcement files, if the tender buyer who does not deposit the tender price within the deadline is the creditor requesting the sale, 10 percent of the estimated price will be deducted from his own receivables and the expense incurred for this sale will not be left on him and the debtor will be charged, and in the liquidation of the partnership by placing the highest bid and The guarantee received from the tender buyer who does not pay the tender price within the deadline will not be returned to him and the sales expenses will be paid to the stakeholders in proportion to their shares, and if the person who does not pay the tender price within the deadline is a stakeholder, the entire guarantee received will be paid to the other shareholders in proportion to their shares. In addition, the tender buyer who submitted the highest bid but did not pay the tender price within the deadline will be given an administrative fine of 5 percent of the price he offered by the enforcement office or sales officer who made the sale, and this penalty will be imposed in accordance with the provisions of the Law on the Collection Procedure of Public Receivables. It will also be reported to the collection office for collection.
With the amendment to the Notary Law, notary documents and books can be examined by courts, criminal judgeships of peace, chief public prosecutors' offices, official offices, or by people authorized to investigate in the notary public office, by specifying the subject.
If the original of the notary document is requested by the court, criminal judgeship of peace or chief public prosecutor's office, the relevant notary will make a copy of the document and confirm its conformity with the original. The notary will keep the approved copy on site and send the original document to the relevant authority.
In cases where a certified copy of the notarial document is requested by the court, criminal judgeship of peace, chief public prosecutor's office or the official office authorized to investigate, the notary will electronically transmit the certified copy created by scanning the original of the requested document and signing it with a secure electronic signature to the relevant authority. In cases where it is not possible to send electronically, the document will be verified as original and the certified copy will be sent to the relevant authority. No journal number will be given for the transactions made, and no fees, including duties, taxes, and valuable paper fees, will be charged, except for postal costs and travel expenses determined by the tariff regulated by law.
With the amendment to the Council of State Law, the period that will expire on July 23, 2026 to reduce the number of chambers in the Council of State to 10 within 10 years starting from 2016 will be extended for another 4 years. In addition, since the number of chambers of the Council of State will not decrease, the practice of electing one member for every 2 vacant memberships will be abandoned until July 23, 2030.
The law regulates the Law on the Establishment and Duties of Regional Administrative Courts, Administrative Courts and Tax Courts. Accordingly, the scope of cases to be resolved by a single judge in administrative courts will be expanded.
Except for those filed against regulatory actions, annulment cases and full jurisdiction cases filed against administrative actions not exceeding 486 thousand liras, cases filed against disciplinary punishment and grade passing, grade determination, dormitory, loan and scholarship transactions, except for those that result in suspension and dismissal of primary, secondary and higher education students, cases filed against temporary assignment, travel allowance, lodging and leave procedures for public officials, cases filed against warning penalties given to public officials. Cases filed against the disciplinary penalties imposed on the members of professional organizations that are public institutions, excluding those that temporarily or permanently hinder professional activities, and cases arising from the implementation of the Law on Pension Grants to Destitute, Powerless and Orphaned Turkish Citizens Over the Age of 65, will be resolved by one of the administrative court judges. In addition, cases not exceeding 486 thousand liras will be decided by one of the tax court judges.
With the amendment in the Administrative Trial Procedure Law, if the regional administrative court, after reviewing the decision of the first instance court, finds the decision to be lawful, if the result of the decision is lawful but finds the reason given incorrect or incomplete, it will decide to reject the appeal application by changing the justification of the decision, and if it is possible to correct the material errors in the decision, by making the necessary correction.
The regional administrative court found the appeal application against the decisions given upon the first examination and other final procedural decisions to be justified, the case was heard by a court without jurisdiction or jurisdiction or by a rejected or prohibited judge, a decision was made on the case without making this decision when the petition should have been rejected, a decision was made by completing the file with the incomplete or wrong adversary, no decision was made on the request or a decision was made with an incomplete verdict, a decision was made without discovery or expert examination although it was necessary, a hearing was made even though it was required. In cases where a decision is made without a hearing, it will finally decide to accept the appeal application, annul the decision of the first instance court and send the file to the court that made the decision.
However, the regional administrative court will be able to make a decision by correcting the deficiency itself in cases where a hearing should be held with discovery or expert examination, but a decision is made without a hearing. Apart from these regulations, it cannot be decided to revoke the decision and send the file to the court that made the decision.
With another regulation in the Administrative Procedure Law, in cases other than the cases determined for appeal, the decisions given by the regional administrative court upon annulment of the decision of the first instance court in the appeal legal review can be appealed to the Council of State within 30 days from the notification. However, in cases heard by a single judge in administrative and tax courts, in cases arising from the implementation of the Law on the Protection of Farmers' Property, in cases arising from the implementation of the Law on the Prevention of Encroachments on the Possession of Immovable Property, in cases arising from the application of the Law on Foreigners and International Protection, and in decisions made only regarding attorney fees and judicial expenses, no appeal can be filed, even if a new decision is made upon the annulment decision.
The provision regarding the appeal of tax cases, full jurisdiction cases and administrative proceedings, the subject of which exceeds 270 thousand liras but does not exceed 920 thousand liras, and cases that are re-decided upon the decision to abolish in the appeal legal review, will be abolished.
With the motion accepted in the General Assembly, the regional administrative court, as a result of the appeal review, removed the decision of the first instance court and re-made the decisions of the regional administrative court, in terms of the cases below the appeal limit, with the decision of the first instance court.
If the monetary difference between the court decision and the amount awarded does not exceed 55 thousand lira as of 2026, no appeal will be possible. On the other hand, in cases decided by a single judge because it does not exceed 486 thousand liras as of 2026, if the decision of the first instance court is annulled by the regional administrative court and the decision is made again, these decisions cannot be appealed, even if the difference between the amounts awarded exceeds 55 thousand liras for this year.
With the change in the Law on Certain Regulations Regarding the Forensic Medicine Institute, in order to be appointed as the chairman and member of the forensic medicine specialization board, it will be required to have at least a certificate of expertise in medicine or dentistry or a doctorate degree in the field. The term of office of the president and members of the forensic medicine specialization board, forensic medicine group presidents and forensic medicine specialization department heads will be 4 years. The duties of those whose terms have expired will continue until the newly appointed or assigned ones take office.
With the regulation made in the Law on Judges and Prosecutors in line with the annulment decisions of the Constitutional Court, judicial assistant judges and prosecutors and administrative assistant judges will be trained in the fields of Constitutional and human rights law, criminal law, private law, administrative law, tax law and procedural law, as well as trial management, decision and reasoned decision writing, management and supervision of justice services, international organizations and agreements, frequently encountered cases and personal development, depending on their interest. In the written exams, questions will be asked from the subjects taught and will be evaluated out of 100 full points. The results will be recorded in the written examination board and delivered to the Turkish Justice Academy.
In the oral examination, the assistant judges and prosecutors' knowledge of legislation, jurisprudence and practice on educational issues, professional competence, ability to understand, solve and express legal issues, self-confidence, representation ability and suitability of their behavior for the profession, ability to use Turkish effectively and general culture and talent level will be evaluated.
With another regulation in the Law on Judges and Prosecutors, a warning will be given if an expert is consulted on issues that can be resolved with the legal knowledge required by the profession of judge and prosecutor.