The legislation applied in our courts is determined by Article 38 of the Courts Law No. 9/76. According to this article, the applicable legislation is as follows:

(a) The Constitution

(b) Legislation in force as long as it is not contrary to the Constitution

(c) Principles of the Common Law and Equity Law, except as otherwise provided that is contradicting or incompatible with the Constitution;

(d) Basic Principles of Evkaf (Ahkam-ül Evkaf)

(e) The legislation related to Maritime Law which was in effect on 21 December 1963

Common Law and Equity Law:

           The rules translated as “Ahkam-ı Umumiye” and still widely applied in England are the “Common Law,” which has developed over time through judicial decisions and has been further expanded in the civil domain. These rules can be defined as “laws made by judges” (also referred to as Judge-made Law). This type of legislation is particularly seen in England in the areas of contracts and torts. Similarly, in cases where the unwritten ahkam-ı umumiye proved insufficient, the principles of equity law gradually took their place in the legal system over time, with the aim of ensuring the administration of justice.

Laws:

          The laws currently in use and in effect in the Turkish Republic of Northern Cyprus have been enacted in three stages:

1. Laws enacted by the British Colonial Administration between 1878 and 1960. The laws made between 1878 and March 31, 1959, were published in six volumes as 354 Chapters. Between April 1, 1959, and December 31, 1959, 38 laws were made, and between January 1, 1960, and the declaration of the Republic of Cyprus on August 16, 1960, 21 laws were enacted and published in two separate books. One of these books is in English.

2. Laws enacted between August 16, 1960, and December 21, 1963, by the House of Representatives of the Republic of Cyprus in both Turkish and Greek, and the laws enacted by the Turkish Community Assembly in Turkish; and

3. Laws enacted by the Turkish Cypriot Administrations after December 21, 1963, and by the Turkish Republic of Northern Cyprus since November 15, 1983.

 Article 141 of the TRNC Constitution, which entered into force on 7 May 1985, regulates the establishment and functioning of the Supreme Council of Judicature. Accordingly, the Supreme Council of Judicature consists of twelve members in total, including the President and seven members of the Supreme Court, one member appointed by the President of the Republic and one member appointed by the Assembly of the Republic, the Attorney General of the Republic and one member elected by the Bar Association. Although the term of office of the appointed and elected members is three years, there is no legal obstacle for them not to be re-elected after their term. As stipulated by both the relevant article of the Constitution and the Supreme Council of Judicature Law No. 35/85, the Council has two main duties. The Supreme Council of Judicature shall:

(a)     take the necessary measures for the general functioning and orderly working of the judiciary, for the regular attendance to their duties of the judges and of the public personnel working in the courts, for the running of the affairs in a proficient manner and for the training of the judges and the safeguarding by them of the dignity and the honour of the profession, and

(b)     take final decisions relating to the appointment, the promotion, the temporary or permanent change of the duties or place of appointment, the termination of appointment and the disciplinary matters of judges.

    The President of the Supreme Court is also the President of the Supreme Council of Judicature. While all judges are elected and appointed by the Council, the election and appointment of the President of the Supreme Court and Supreme Court Judges must be separately approved by the President of the Republic.

               In the TRNC, judges are elected and appointed from among lawyers and prosecutors. Prosecutors are also considered lawyers according to our legislation, and when it comes to filling a vacant position, they, like lawyers, can apply to the Council of Judicature.

              Administrative and disciplinary matters relating to judges are decided by the Supreme Court and the Supreme Council of Judicature, depending on the subject matter of the Supreme Council of Judicature. The disciplinary procedures of personnel other than judges are conducted by the independent Public Service Commission.

           The independence of the courts is guaranteed by the Constitution and the Courts Law No. 9/76. Article 136 of the Constitution and Article 4 of the Courts Law No. 9/76 stipulate that judges are independent in their duties and are permanent members of the judicial body, and that judges may not be given orders or instructions, nor may they be sent circulars, nor may they be given recommendations or suggestions. The security of tenure of judges is regulated by Article 137 of the Constitution. Among these securities are the following: judges cannot be dismissed from their duties except in cases provided by law; they cannot be retired before the age provided by the Constitution, unless they so desire; they cannot be deprived of their acquired rights, even in the event of the abolition of a court or a post; they may not be prosecuted in respect of words spoken or any act done in the execution of their judicial duties.

          The President and members of the Supreme Court may serve until they reach the age of sixty-five and the other judges until they reach the age of sixty.

Courts in the TRNC are organised under one umbrella but at two different levels.

1. Subordinate Courts:

          Article 155 of the Constitution stipulates the establishment of the Subordinate Courts and the regulation of their duties and powers by law. Such a regulation has been made through the Courts Law No. 9/76, as mentioned above. According to the law, the Subordinate Courts operate under the name of District Courts. With the exception of the judicial powers granted to the Supreme Court by the Constitution and laws, all other powers are exercised by the Subordinate Courts. Any decisions made by these courts can be appealed to the Supreme Court, acting as the Court of Appeal.

          The total number of judges serving in all courts is 31. These include the President of the Supreme Court and 7 Supreme Court Judges, 6 District Court Presidents, 10 Senior District Court Judges, and 11 District Court Judges. Additionally, there is one member in the Military Court of Appeal. To become a Supreme Court Judge, at least 15 years of professional experience is required. For a District Court President, the required experience is 10 years; for a Senior District Court Judge, it is 8 years; and for a District Court Judge, it is 5 years.

The Subordinate Courts also have different powers. These can be summarised as follows;

A. In Civil Matters.

(1) Without prejudice to the provisions authorizing the Supreme Court as the first Court in accordance with the Constitution and the Laws, the District Court shall have original jurisdiction to hear and determine any action as the first Court in civil cases. The District Court shall sit with a single judge. A District Court Judge is authorized to decide the disputed amount or the value of the subject up to 100,000.-TL (One Hundred Thousand Turkish Liras), the President of a District Court or a Senior District Judge is authorized to decide the disputed amount or the value of the subject over 100,000.-TL.

(2) Notwithstanding that the amount in dispute or the value of the subject matter is in excess of the jurisdiction conferred upon him a District Court Judge shall have power; (a) To give a judgement in any action in which; (i) The defendant fails to enter an appearance within the time fixed for such appearance; or (ii) Either party fails to appear at the hearing of the action; or (iii) Either party fails to deliver any pleading within the time appointed by the Rules of Court in force for the time being; or (iv) Application is made for summary judgement under the Rules of Court; or (v) The claim of any party is admitted in whole or where admitted in part with regard to the part admitted, (b) To make any order in action not disposing of the action on its merits.

(3) Subject to the rules of the court, for the purposes of this article, the amount in dispute in a case or the value of the subject of the case is not the amount claimed when the case is filed or the value claimed as the subject of the case, but it shall be the amount or value really in dispute in the pleadings of the parties in that case or the amount or value accepted by the parties during the proceeding or the amount or value decided by the court upon petition.

B. In Criminal Matters.

    a. The Assize Court

        The panel of this court, which is at the level of the District Court, consists of three judges. From a purely legal point of view, the presence of three Judges of the District Court is sufficient. However, if the accused is charged with an offence punishable by the death penalty, it is a legal requirement that a President of the District Court presides over the panel. Nevertheless, in practice, the panel consists of a President, a Senior District Judge and a District Judge. It is authorised to hear and decide on cases punishable by imprisonment of more than 5 years or a fine of more than 20.000 TL. The Assize Court may also order the payment of compensation of up to 100.000 TL to the person injured by the offence committed.

   b. The District Court

           The District Courts, sitting as a single judge (including the President or Senior Judge), hear offences punishable by imprisonment of up to five years or a fine not exceeding TL 20,000. If the Attorney General considers it appropriate, offences punishable by imprisonment of up to ten years or a fine not exceeding 100,000 Turkish Liras may also be tried serially before these courts. However, even in such a case, the penalty to be imposed by these courts shall not exceed five years imprisonment or a fine of up to 20.000 TL.

    c. The Family Courts

           These are single-judge courts that hear personal and family law (civil status) cases.

Every judgement given by the District Courts may, upon request, be appealed to the Supreme Court as the Court of Appeal.

2. The Supreme Court

Composition and Division of Duties of the Supreme Court:

           The composition and duties of the Supreme Court are regulated by Article 143 of the Constitution. The Supreme Court, consisting of a President and seven members, functions as the Constitutional Court, the Court of Appeal and the High Administrative Court.

A. Duties and Powers of the Constitutional Court (Article 144)

         The Supreme Court, sitting as the Constitutional Court, is composed of the President and four Supreme Court Judges. The President and five members of the Supreme Court are regular members of the Court and the rest are substitute members. Their work consists of hearings. They do not only work on the file. Their tasks can be summarised as follows:

(a) Conflict of Power between Organs (Article 145)

           The President of the Republic, the Assembly of the Republic and any other organ of the State may have recourse in respect of any matter relating to conflict and contest of power and jurisdiction between the organs of the State.

(b) Unconstitutionality of Laws (Article 146)

          The President of the Republic may, at any time prior to the promulgation of any law or of any specified provision thereof or of any decision of the Assembly of the Republic, refer it to the Constitutional Court for its opinion as to whether such law or any specified provision thereof or decision is repugnant to any provision of the Constitution. The Court shall notify the President of the Republic of its opinion on such question within forty five days.

(c) Annulment Suits (Article 147)

          An annulment suit may be brought directly on the grounds that a law, decree, rules, rules of the Assembly of the Republic, decision of the Assembly of the Republic, regulations or any provision thereof is repugnant to any rule of the Constitution. Those authorised to file such actions are the President of the Republic, political parties represented in the Assembly of the Republic, political groups and at least nine deputies, or other associations, institutions or trade unions on matters concerning their existence and functions.

(d) Referrals by the Courts (Article 148)

         A party to any judicial proceedings, including proceedings on appeal, may, at any stage thereof, raise the question of the unconstitutionality of any law or decision or any provision thereof which is material for the determination of any matter at issue in such proceedings and thereupon the Court shall reserve the question for the decision of the Constitutional Court, and stay further proceedings until such question is determined by the Constitutional Court.

(e) The Interpretation of the Constitution (Article 149)

          The Constitutional Court shall have exclusive jurisdiction to interpret any provision of this Constitution. In the exercise of this jurisdiction it may avail itself of the committee reports concerning the Constitution and of the minutes of the Assembly.

  (f) Sitting as the Supreme Council

          Pursuant to Article 144, paragraph (2) of the Constitution, the Constitutional Court, within the framework of the legislation in force, shall have jurisdiction to try the President of the Republic, the Prime Minister, and the Ministers for their respective offenses, separately from the Constitutional Judiciary, in its capacity as the Supreme Council.

(g) Carrying Out Financial Control of Political Parties (Article 71 [4])

(H) Closure of political parties on specific grounds (Article 71 [7])

The composition and duties of the Supreme Court are regulated by Article 143 of the Constitution. The Supreme Court, consisting of a President and seven members, functions as the Constitutional Court, the Court of Appeal, the High Administrative Court and the Supreme Council.

THE POWERS OF THE COURT OF APPEAL ARE REGULATED IN ARTICLE 151 OF THE CONSTITUTION.

The Court of Appeal shall examine and finalise the cases concerning the appeals from the decisions of the Subordinate Courts. In civil cases, the period of appeal shall be forty-two days from the date of the judgement, fourteen days in the case of requests or applications, and four days in the case of ex parte applications, starting from the date of the Subordinate Court’s decision rejecting the case.

The Attorney General’s Office may appeal judgments rendered in criminal cases within fourteen days from the date the judgment was issued, while the defendant may appeal within ten days. These deadlines may be extended for reasonable causes. Additionally, some laws grant the right to appeal directly to the Court of Appeal. In such cases, the Court of Appeal is the first and final competent authority. Where provided by law, matters heard and decided by a judge of the Supreme Court may also be appealed to the Court of Appeal, which consists of three judges, upon request.

The Supreme Court, sitting as the Court of Appeal shall have exclusive jurisdiction to issue orders in the nature of habaes corpus, to effect release from unlawful detention; mandamus, to secure the exercise of powers; prohibition, to prohibit the effects of a wrong decision of any court or of any authority exercising power of a judicial nature; quo warranto, to inquire as to upon what authority an office is being held; and certiorari, to quash a decision of any court or an authority exercising quasi-judicial powers.

THE POWERS OF THE HIGH ADMINISTRATIVE COURT (Article 152)

          Unless otherwise regulated by law, the High Administrative Court shall sit with a single judge; however, the decision may be appealed to the High Administrative Court, consisting of three judges, upon request. If no appeal is made, the decision rendered by the single judge shall be treated as if it were a decision made by the High Administrative Court consisting of three judges. The Law No. 60/90, which came into force on December 21, 1990, has assigned a large portion of the matters within the jurisdiction of the High Administrative Court to the High Administrative Court consisting of three judges as the first and final authority.

          The High Administrative Court, shall have exclusive jurisdiction to adjudicate finally on a recourse made to it on a complaint that a decision, an act or omission of any organ, authority or person exercising any executive or administrative authority is contrary to any of the provisions of this Constitution, or of any law or of any subsidiary legislation made thereunder, or is made in excess or in abuse of powers vested in such organ or authority or person.

          The right to make a recourse to the High Administrative Court can only be exercised by individuals whose legitimate interests are directly and adversely affected. Such a recourse shall be made within seventy-five days from the date the decision, action, or omission being complained about came to the knowledge of the person making the recourse. Upon such a recourse the Court may issue the following decisions:

     (a) Confirm either in whole or in part, such decision or act or omission; or

     (b) Declare, either in whole or in part, such decision or act to be null and void and of no effect whatsoever; or

     (c) Declare that such omission, "either in whole or in part, ought not to have been made and that whatever act has been omitted should have been performed."

         The judgement of the High Administrative Court shall be binding on all organs and authorities within the State. In the event of non-fulfilment of such a judgement, the injured person shall be entitled to bring an action against the person, body or authority responsible for the non-fulfilment of the judgement before the competent District Court and obtain compensation.

         At the beginning of the judicial year, the Judges of the Supreme Court divide their duties among themselves. In practice, this division of duties, which is valid for one judicial year, assigns four judges to the High Administrative Court and three judges to the Court of Appeal. The President, in practice, performs a judicial role by presiding only over the panel in Constitutional cases. The President represents the judiciary at the state level and, in addition to administrative duties related to the judiciary, ensures the implementation of the decisions made by both the Supreme Court and the Supreme Council of Judicature.

         In the TRNC, if a lawyer is convicted by a court for a crime related to misconduct or found guilty by the Discipline Committee of the Bar of disgraceful, fraudulent, or unprofessional behaviour, the lawyer concerned may be subjected to the penalty prescribed by law, including temporary or permanent disqualification from the profession. The decisions of the Disciplinary Board are reviewed by the Supreme Court. Consequently, the Supreme Court may confirm or annul any decision taken by the Disciplinary Board against the lawyer concerned or may make any other decision against the lawyer concerned as it deems appropriate.

Military Judiciary and Military Court of Appeal:

Military Judiciary:

         Anayasamız askeri yargıyı ayrı bir bölümde ve 156. ve 157. maddelerle ve 29/83 sayılı Askeri Suç ve Cezalar ve 34/83 sayılı Güvenlik Kuvvetleri Mahkemesi ile Güvenlik Kuvvetleri Yargıtayın Kuruluşu ve Yargılama Usulü Yasalarıyle düzenlenmiştir. Bu düzenlemye göre askeri yargı, askeri mahkemeler ve disiplin mahkemeleri tarafından yürütülür. Askeri Mahkeme, asker kişilerin,  askeri olan suçlar ile bunların asker kişiler aleyhine veya askeri mahallerde veya askerlik hizmet görevleri ile ilgili olarak işledikleri suçlara ve ayrıca asker olmayan kişilerin özel yasada belritilen askeri suçlara ait davalara bakmakla görevlidir.

Military Court of Appeal:

          Güvenlik Kuvvetleri Mahkemesince verilen karar veya hükümlerin son inceleme yeri, Güvenlik Kuvvetleri Komutanlığı nezdinde kurulan Güvenlik Kuvvetleri Yargıtayıdır. Askeri Yargıtay Yarbay veya Albay rütbesi taşıyan subaylar arasından seçilen bir başkan ve bir yedek başkan ile Yüksek Adliye Kurulu tarafından Yüksek Mahkeme Yargıçları arasından görevlendirilen iki yargıtay yargıcından oluşur. Yargıtay Askeri Yargıçları 9/76 Mahkemeler Yasası kurallarına bağlıdır.

         KKTC’de Askeri İdare Mahkemesi yoktur. Askeri makamlarla olan ve İdare Hukuku kapsamına giren ihtilaflar daha önce sözü edilen Yüksek İadere Mahkemesince görülüp karara bağlanmaktadır.

        Halen Lefkoşa’da oturum yapan bir tek Askeri Mahkeme bulunmaktadır. Bu Mahkemenin verdiği kararlardan isteme bağlı olarak, karar verildiği tarihten itibaren on gün zarfında Askeri Yargıtaya’a istinaf edebilir. İstinaf süresi yine makul nedenlerle uzatılabilir.

Seçimler:

          KKTC’de Seçimler yargının denetim ve gözetiminde yapılmaktadır. Gerek Yüksek Seçim Kurulu ve gerekse İlçe Seçim Kurullarında görevli olanlar yargıçlardır ve seçimlere ilişkin itirazları yargıç sıftaıyle karara bağlar.

Personel:

         Anayasanın 154. Maddesi’nin ikinci fıkrasının (ç) bendi ve 9/76 sayılı Mahkemeler Yasasının 81. maddesi gereğince Yüksek Mahkemenin tüzük yapma yetkisine istinaden yapılan 1979 Mahkemeler Kayıt Kalemleri (Kuruluşu, Yetki ve Görevleri) Tüzüğü uyarınca Mahkemelerde çalışan Kamu Görevlilerinin sayı, ünvan, görev ve sorumlulukları belirlenmiştir. Buna göre KKTC’deki Mahkemelerde görev ifa eden tüm kamu görevlilerinin idari yönden bağlı bulunduğu bir Genel Sekreterlik bulunmaktadır. Genel Sekreter Yüksek Adliye Kurulu ile Yüksek Mahkemenin Genel Sekreterliğini yapar. Mahkeme Mukayyitliklerinin eşgüdüm içinde çalışmalarını gözetir, planlar ve denetler, yürütmekte oldukları kamu hizmetleri görevlerinin Yasa, Tüzük ve Yönetmenlikler çerçevesinde yerine getirilmesinden sorumlu olur. Mahkeme Yasa ve Tüzüklerini hazırlar ve revizyonu sağlar. Mahkeme mukayyitliklerinde çalışan personelin tayin, terfi nakil ve diğer özlük işlerine ait işlemleri düzenler. Mahkemelerin bütçesinin hazırlanması ve mali işlerin mevzuata uygun olarak yürütülmesi işlemlerini yönetir ve denetler. Başmukayyit KKTC’de Baş İcra Memurudur. Başmukayyide bağlı 2 adet Başmukayyit Yardımcısı vardır. Bunlar görevlerinin ifasında Başmukayyide yardımcı olur. Bunlar dışında Yüksek Mahkemede ve tüm Kaza Mahkemelerindeki  görevlendirilmiş bulunan Mukayyitler, Mahkeme Memurları ve diğer personelle görev yapmaktadır.