The recognition and enforcement of Bosnian court decisions in Turkey is governed by domestic legal provisions and a bilateral judicial cooperation agreement. Under Article 51 of the Private International Law and International Civil Procedure Code (MÖHUK), the civil court of first instance is the competent court for recognition and enforcement proceedings. However, if the foreign decision pertains to family law, Article 4 of Law No. 4787 designates the family court as the competent authority.

Bilateral Judicial Cooperation Agreement

On February 16, 2005, the Republic of Turkey and Bosnia and Herzegovina signed the Agreement on Legal and Commercial Judicial Cooperation, which entered into force on December 17, 2007. This agreement regulates:

• Mutual judicial assistance in legal and commercial matters

• Exemption from providing security (judicatum solvi)

• Recognition and enforcement of judgments and settlements

Judicial Assistance (Article 6)

The agreement facilitates cooperation between the judicial authorities of both states, including:

• Service of documents

• Hearing of witnesses and experts

• Execution of procedural actions in accordance with local laws

Are Bosnian Plaintiffs Required to Provide Security in Turkey?

No. Under Article 13 of the agreement:

“Citizens of one Contracting Party shall not be required to provide security solely because they are foreigners or do not have their residence in the territory of the other Contracting Party.”

As such, Bosnian citizens are exempt from providing court security or advance litigation expenses in Turkey.

Additional legal support includes:

• Article 90 of the Turkish Constitution, which gives direct effect to duly ratified international treaties.

• Article 48/2 of MÖHUK, which allows courts to grant security exemptions based on reciprocity, which exists between Turkey and Bosnia and Herzegovina.

Recognition and Enforcement of Bosnian Judgments in Turkey

Article 16 of the agreement outlines the types of enforceable decisions:

1. The Contracting Parties shall recognize and enforce the following decisions rendered in the other country:

• Judicial decisions in legal and commercial matters, including rulings on litigation costs

• Settlement agreements made before or approved by courts

• Judicial decisions on compensation in criminal matters

2. Only decisions issued after the agreement’s entry into force are eligible for enforcement under this treaty.

In addition, Bosnia and Herzegovina is a party to the New York Convention, which allows for the recognition and enforcement of foreign arbitral awards in Turkey.

Legal Conditions for Recognition Under Turkish Law

Beyond the agreement and reciprocity, Turkish courts require that:

• The decision is final and binding

• It is issued by a competent authority

• The parties had the right to a fair trial and defense

• The decision does not violate Turkish public order

Conclusion

Through the 2005 judicial cooperation agreement, Bosnian court decisions and settlement agreements can be recognized and enforced in Turkey. Bosnian citizens benefit from reciprocal security exemptions, and arbitral awards are enforceable under the New York Convention. This legal framework supports cross-border justice and promotes legal certainty between Turkey and Bosnia and Herzegovina.