Constitutional Court decision expanding access to appeal before the court of appeal: regulation on the monetary threshold for appeal partially annulled

In its decision dated 26 February 2026 and numbered 2026/48, the Turkish Constitutional Court (“Constitutional Court”) annulled subparagraph (a) of the first paragraph of Article 362 of the Turkish Civil Procedure Code numbered 6100, in respect of “cases where the appeal before the Regional Court of Appeal is partially or fully accepted”, finding it contrary to Articles 13 and 36 of the Turkish Constitution. Under the annulled provision, decisions of the Regional Courts of Appeal were final in disputes falling below the monetary threshold for appeal before the Supreme Court of Appeal, which is applied as TRY 682,000 for 2026.

The Constitutional Court conducted its review within the scope of the “right to request review of a judgment”, which is one of the elements of the right to a fair trial guaranteed under Article 36 of the Turkish Constitution. In the decision, the court accepted that restricting access to appeal before the Court of Appeal through monetary thresholds for certain disputes may serve legitimate aims such as ensuring procedural economy and the conclusion of proceedings within a reasonable time.

However, the Constitutional Court reached a different conclusion in cases where the Regional Court of Appeal partially or fully accepts the appeal and sets aside or modifies the decision of the court of first instance. The Constitutional Court emphasized that the fact that the value of the case remains below the monetary threshold for appeal before the Supreme Court of Appeal does not mean that the new decision rendered by the Regional Court of Appeal is insignificant for the parties or the legal order. For this reason, the Constitutional Court concluded that closing the appeal path before the Supreme Court of Appeal against Regional Court of Appeal decisions that differ from the decision of the court of first instance solely on the basis of the monetary threshold constitutes a disproportionate interference with the right to request review of a judgment.

As a result of the decision, even if the value of the case falls below the monetary threshold for appeal before the Supreme Court of Appeal, it will be possible to appeal before the Supreme Court of Appeal in cases where the Regional Court of Appeal partially or fully accepts the appeal and sets aside or modifies the decision of the court of first instance. Thus, decisions rendered by Regional Courts of Appeal that differ from the decisions of courts of first instance will no longer become final solely due to the value of the case.

The decision is particularly significant for low-value disputes where the Regional Court of Appeal modifies the decision of the court of first instance and renders a new judgment. In this respect, the decision prevents parties from being deprived of review by the Court of Appeal solely because the value of the case remains below the monetary threshold for appeal; the scope of review before the Court of Appeal has been expanded.

The Court’s annulment decision, published in the Official Gazette dated 21 May 2026 and numbered 32906, entered into force with immediate effect.