Yüksek LisansAçık Erişim

Judicial vacation

2020
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0 i̇ndirme
Danışman: Doç. Dr. Nedim Meriç

Özet (EN)

In accordance with articles 102, 103 and 104 of the Turkish Code of Civil Procedure, the courts do not process any judicial proceedings, as a rule, during the period of judicial vacation which starts 20th of July ends 31st of August. The judiciary on duty can perform only judicial act provided by the article 103. Judicial vacation is still in valid with a few alterations on laws preamble and content although discussions about the abolition of the judicial recess are always on someone's agenda. The regulation is based on a leading motive which aims to make the judiciary prefer judicial vacation instead of administrative leave so that service of jurisdiction is not interrupted by multiple holidays. However, minority of judiciary prefers to use the alternative right to judicial vacation. The courts with majority of judiciary cannot function properly due to rules that restrict judicial action during judicial recess. In this situation, judicial vacation leads to major loss of judicial labor and unreasonably extended duration of court proceedings. Keywords: Judicial vacation, judicial holiday, judicial break, judicial recess, court recess, court vacation

Yazar

Bani Karaçuha Doğan

Bu Yayına Nasıl Atıf Yapılır

Bani Karaçuha Doğan (Master Thesis). Judicial vacation, 2020, Akdeniz University.

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