Özet:

The judgments not only resolve the concrete dispute but also establish general principles and rules on the subject of the dispute. According to the legal regulations, the judgment must be justified. But there is no clarification in the law about the reason. This issue has become a problem seeking answers from the point of view of doctrine and practice. In particular, the decisions made by the European Court of Human Rights (CEDH) and the Constitutional Court (CEDH) on the infringement of the "required right of decision" have made the issue even more important. The right to judgment is considered as a substantial condition of the right to fair trial under Article 6 of the European Convention on Human Rights (CEDH) and Article 36 of the Constitution. The definition and content of the reason attributed importance at national and international level preserves uncertainty. The purpose of this study is to evaluate the relationship with the principle of fair judgment after critically addressing different views on the contents of the reason.