By its Resolution dated 20 April 2026 and numbered 890 (“Resolution”), the First Chamber of the Council of Judges and Prosecutors has introduced an important regulation aimed at ensuring that lawsuits and proceedings arising from acts performed within the scope of the powers of certain public institutions and regulatory and supervisory authorities are heard before designated courts based on the principle of specialization.
What Is the Scope and Purpose of the Resolution?
Through this Resolution, it is aimed that lawsuits concerning disputes arising from acts carried out by certain regulatory and supervisory authorities be resolved by being concentrated before specific administrative courts.
With this approach, the following objectives are pursued:
- ensuring that judicial proceedings are conducted effectively, swiftly, and efficiently,
- strengthening the consistency of case law in disputes of a similar nature,
- increasing judges’ expertise in the relevant fields, and
- enhancing judicial predictability.
Fields and Institutions Covered by the Specialization Regime
Pursuant to the Resolution, the Ankara 10th, 13th, and 25th Administrative Courts shall have jurisdiction over:
- lawsuits and proceedings arising from acts in the form of board resolutions issued within the regulatory and supervisory powers of the Capital Markets Board, the Competition Authority, and the Public Oversight, Accounting and Auditing Standards Authority;
- within the scope of subparagraph (a) of paragraph 1 of Article 20/A of the Administrative Procedure Law No. 2577, tender-related acts and transactions, excluding debarment-from-tender resolutions;
- lawsuits and proceedings arising from acts in the form of board resolutions issued by the Public Procurement Authority pursuant to the Public Procurement Law No. 4734 and the Public Procurement Contracts Law No. 4735;
The Ankara 12th, 14th, and 15th Administrative Courts shall have jurisdiction over:
- lawsuits and proceedings arising from acts in the form of board resolutions issued within the regulatory and supervisory powers of the Radio and Television Supreme Council, the Information and Communication Technologies Authority, the Energy Market Regulatory Authority, the Nuclear Regulatory Authority, and the Personal Data Protection Board.
How Will the Transition Process and Implementation Be Handled?
The Resolution provides that
- lawsuits and proceedings currently pending shall be finalized before the courts in which they are already pending; and
- lawsuits filed as of 1 June 2026 shall be referred to the designated specialized courts.
What Will Be the Impact of the Resolution on Administrative Litigation?
In our view, this Resolution goes beyond being a mere arrangement concerning the distribution of workload or the establishment of specialization at first‑instance courts. It also has the potential to transform judicial practice in the long term. Whether such practices—aimed at concentrating disputes of a similar nature before the same courts—constitute indicators of a structural shift toward a case‑law‑based adjudicatory approach within the Turkish legal system will become clearer in the period ahead.
In any event, the case law that will emerge before these designated courts will gain increased importance in terms of serving as precedent for similar lawsuits to be filed in the future.
The extent to which the objectives pursued by the Resolution will be realized will become apparent in the coming period, through disputes that are brought before the courts.
