Appealing Final Court Decisions* Ceren Eke Introduction In a state where the rule of law prevails, legal remedies are indispensable to eliminate judicial errors through the supervision of court decisions. However, legal disputes must be settled at some point and decisions must be finalized. In this Newsletter, appellate procedures against final court decisions will be discussed in light of the current regulations of Code of Civil Procedure (“CCP”) numbered 61001, and the notions of legal remedies, as well as the finality of court decisions, will be explained. The Notions of Legal Remedies and Finality of Court Decisions Legal remedies, which are important for legal certainty, may be defined as bringing a court’s decision before a judicial authority for re-examination and evaluation. In the relevant scholarly literature, it is stated that the legal remedy serves legal certainty, the unity of jurisprudence and the uniform application of the law, enhanced quality of judgment and substantial justice.2 Yet, it is not possible to talk about unlimited rights to legal remedies. The dispute between parties must come to an end at some point, the decision must be finalized, and the social and legal peace must be established going forward. * Article of March, 2021 1 This article mainly focuses on the system being implemented after the regional courts of appeal took office and, in this context, the previous legal remedy system is not separately reviewed. At this point, it should be noted that decisions rendered by the first instance courts prior to 20 July 2016 (the date the regional courts of appeal took office) (until they are finalized) the previous system shall remain applicable in this respect. 2 Pekcanıtez, Hakan: Medeni Usul Hukuku, V. 3, On İki Levha Yayıncılık, 2017, p. 2151.
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