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Judicial Break
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The judicial break, which means “collective use of annual vacations”,
corresponds to the period between 1 August and 5 September during which
the members of the judiciary suspend working according to article 175 of
the Civil Procedure Code (CPC).
The original reason for having a judicial break when it was instituted
in the first years of the Republic was to accommodate the need for the
harvesting season in what was basically an agrarian society. However, the
judicial break is currently being criticized since the circumstances of the
society have changed. It is argued that the break also suspends “justice and
law.” Furthermore, it is claimed that the overload of work in the courts is
related to the judicial break. Accordingly, the break, which used to last for
45 days between 20 July and 5 September, was shortened by 10 days to
the period between 1 August and 5 September by the Act numbered 5219
and dated 2005.
However, opposing opinions arguing against this amendment state
that the judicial break is not the reason for the overload of work; that it is
mandatory for the judges to have a long break considering the nature of
the work they perform; and that collective use of vacation is a requirement
of the principle of natural justice. As a matter of fact, the previously
determined breaks do not have the same effect as a sudden, unexpected
break because people will be aware of it and the same judge will be able to
review the file upon his or her return. Thus, the principle of natural justice
will not be prejudiced.
The judicial break applies to all courts. However, the other procedural
codes, and not the CPC, apply to courts other than the civil courts. Criminal
Procedure Code Article 423 applies to the judicial break in criminal
courts; Council of State Code Article 86-87 applies to the judicial break
in the Council of State; Administrative Procedure Code Article 61-62
applies to the judicial break in the administrative courts; High Military
Administrative Courts Code Article 85-86 applies to the judicial break in
the High Military Administrative Court; Military Court of Appeal Code
Article 25 applies to the judicial break in the Military Court of Appeal;
Court of Auditors Code Article 101 applies to the judicial break in the
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Article of June 2010 – Prof. Dr. H. Ercüment Erdem