An Outlook to the Civil Liability of Judges Due to Compensation Paid By the State as a Result of Individual Application

At the states aiming of the rule of law principle, it is required to compensate thedamages emerged from the usage of public forces. Within that context; whilst thejudges and public prosecutors carrying out their judicial activities by using the publicforce if they cause damage, the state should compensate that damage came out ofmisconduct of the officials. That obligation, first of all, derived from Article 40 (3) ofthe Constitution. The same Article also regulated that the compensation paid to theinjured party by the state that obliged to pay, it has the right to recourse that to theofficial who caused to damage in question. It is regulated that under which circumstances the judges could be held personallyresponsible for their judicial activities at related provisions of the 6100 Law of CivilProcedure, the 5271 Law of Criminal Procedure and the 2802 Law of Judges and Pub- lic Prosecutors. In the light of these regulations, if the compensation paid by state as a conse- quence of an individual application, the civil liability of the judge arises. The right ofrecourse the compensation to the responsible judge is inherent at the principle ofrule of law. However; at the current regulations there is no provision related to the authorisedcourt for the case of recourse. Moreover, there is also no provision about the case ofrecourse that whom it should be addressed to whether the first instance courts judgeor the appeal courts judges, or to both.In that work we will analyse those two probable legal gaps and will make somepoints.