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Principles Governing Civil Procedure

The principles governing civil procedure are values that have evolved through centuries of application and have been widely accepted to serve humanity’s common understanding of justice. These principles serve as guiding norms in the interpretation, understanding, and application of the rules of civil litigation. The principles of civil procedure are enshrined in national and international regulations such as the Constitution of the Republic of Turkey, the Code of Civil Procedure, and the European Convention on Human Rights. Some of these principles are interrelated, while others have attained the status of overarching fundamental principles.

Fundamental Principles Governing Civil Procedure:

• The right to a fair trial
• The right to be tried by a lawful, independent, and impartial tribunal
• The right of access to justice
• The right to be tried within a reasonable time
• The principle of publicity
• The right to equitable adjudication
• The right to be heard
• The principle of equality of arms
• The principle of procedural economy
• The principle of party autonomy
• The principle of party presentation
• The principle of concentration (consolidation of proceedings)
• The principle of immediacy (directness)
• The principle of official investigation (ex officio inquiry)
• The judge’s duty to clarify the case
• The principle that the court knows the law
• The duty to act honestly and to tell the truth

Digitalisation carries both advantages and risks in the application of these principles. The principles of civil procedure play a critical role in balancing and shaping the impact of digitalization on the judicial system. The use of digital systems, as a reflection of technology in the judiciary, may in some cases necessitate certain limitations to safeguard procedural principles. On the other hand, in certain instances, the utilization of digital systems may also require a reinterpretation of these procedural principles.