Constitutional Court Decision Broadening Access to Supreme Court of Appeal Review

The Constitutional Court’s decision dated 26 February 2026, published in the Official Gazette dated 21 May 2026 and numbered 33260, annuls the phrase “upon the partial or full acceptance of the appeal application” under Article 362/1-a of the Code of Civil Procedure numbered 6100.

Under the annulled provision, decisions in which Regional Courts of Appeal partially or fully accepted an appeal application, set aside the first-instance judgment and rendered a new ruling were excluded from review by the Supreme Court of Appeal. The Constitutional Court assessed whether this limitation was compatible with the constitutional guarantees of access to justice and effective judicial protection.

In its decision, the Constitutional Court held that where a regional appellate court overturns a first-instance judgment and establishes a new ruling on the merits, completely excluding that ruling from further judicial review may impose a disproportionate restriction on the right of access to a court. Accordingly, the Court concluded that the relevant phrase was incompatible with Articles 13 and 36 of the Constitution and decided to annul the provision.

Accordingly, the annulment entered into force upon its publication in the Official Gazette on 21 May 2026 and will apply to decisions rendered as of that date. This decision is expected to have significant implications for civil procedure practice by broadening access to Supreme Court of Appeal review in cases where regional appellate courts render substantive new judgments.