Author
Fuel, Gülnihal Ahter
Publication Place
Ibn Haldun University -
Ibn Haldun University
Subject
Ibn Khaldun studies journal (Online), 2025-06, Vol.10 (1)
Type
Book
Language
ara,eng
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 2651-379X, EISSN: 2651-379X, DOI: 10.36657/ihcd.2025.137
Record ID
cdi_doaj_primary_oai_doaj_org_article_2541da9471a14889a48f4900ce3d2485
Library Location
DOAJ Directory of Open Access Journals
Notes
Litigation condition mediation came into force on January 1, 2018 with the Labor Courts Law No. 7036. According to this regulation, even if the parties are found right in court, they will be held responsible for the litigation expenses if they do not participate in the mediation process. An annulment lawsuit was filed with the Constitutional Court in 2018 on the grounds that this regulation violated the freedom to seek rights, and the Court ruled that the regulation was not contrary to the Constitution. However, in its decision dated March 14, 2024, it evaluated the objection from the Çorum Consumer Court and annulled the decision to hold the party who did not attend the mediation meeting responsible for all litigation expenses and deprive it of the attorney's fee, finding it disproportionate in the context of the freedom to seek justice and the right to property. The court stated that sanctions to encourage participation must be proportionate and that excessive financial burdens cannot be imposed on the parties regardless of justification. It was emphasized that the legislature should make more balanced regulations that would not hinder access to justice. Mandatory mediation as a prerequisite for litigation was introduced into the legal system with the enactment of Law No. 7036 on Labor Courts, which came into effect on January 1, 2018. According to this regulation, even if the parties are ultimately found justified in court, they will still be held responsible for litigation costs if they fail to participate in the mediation process. The regulation was challenged before the Constitutional Court on the grounds that it violated the right to seek justice. However, in its 2018 decision, the Court ruled that the regulation was not unconstitutional. In its decision dated March 14, 2024, the Court reviewed an objection from the Çorum Consumer Court and annulled the provision that imposed full costs and denied attorney's fees to parties who failed to attend the mediation meeting, deeming it disproportionate in terms of the right to seek justice and the right to property.
Detaylı Başlık
Dava Şartı Arabuluculuk Sürecinde İlk Toplantıya Katılmama Nedeniyle Uygulanan Yargılama Giderine İlişkin Yaptırımın Anayasa Mahkemesi Kararları Çerçevesinde Değerlendirilmesi
