The right to a reasoned judgment as an element of the right to a fair trial and the individual application practice in civil cases

The right to a reasoned judgment constitutes one of the elements of the right to a fair trial and assumes an important function in terms of conducting a fair trial. As a matter of fact, the right to a reasoned judgment obliges judicial decisions to contain reasonable and satisfactory reasons, and in this way, the parties to the case are satisfied with the decision by learning how the claims and evidence put forward in the proceedings have been evaluated, how the logical connection between the rules of law and the concrete event and the conclusion reached, and this situation ensures that the parties to the case and society as a whole trust the judicial bodies. Due to its importance in the conducting of a fair trial, it is observed that the interest in the right to a reasoned judgment has increased in the doctrine and in practice, educational studies and professional training activities are carried out regarding the right. Due to this importance, this thesis focuses on the theoretical dimension of the right to a reasoned judgment in civil cases and the individual application practice. The aim of the thesis is to explain the relationship between the right to a reasoned judgment and the elements of the right to a fair trial by emphasizing the importance of the right to a reasoned judgment in terms of a fair trial, to explain the theoretical dimension of the right to a reasoned judgment in terms of civil cases and the individual application practice within the framework of the decisions of the Constitutional Court and the ECtHR, and to contribute to the objective and educational function of the decisions given in this regard. For this purpose, the study includes the conceptual framework and history of the right to a fair trial and the right to a reasoned judgment, explains the norm field and elements of the right to a fair trial and examines the relationship between these elements and the right to a reasoned judgment, explains the theoretical dimension of the right to a reasoned judgment in terms of civil cases, its contributions to the law of jurisdiction, and examines the individual application decisions of the Constitutional Court and the ECtHR regarding the right to a reasoned judgment in civil cases, separated according to their subjects. The main reason for focusing on the decisions of the Constitutional Court and the ECtHR in this study is that the decisions of both courts guide our legal system and the decisions have a strong objective and educational function in terms of human rights law.