The Impact of Legislative Processes on the Success of Tort Reforms: A Case Study on the Turkish Product Liability Reform

Abstract

Although Türkiye has a significant law reform experience, the issue of product liability reform has long been troubled. Firstly, this issue was tried to be regulated within the articles included in the consumer protection legislation. Still, these efforts were highly criticized regarding law-making technique and substance. The long wait for a specific product liability legislation only ended in 2020. Law No. 7223 on Product Safety and Technical Regulations was intended to harmonize with EU legislation, particularly EU Directive 85/374/EEC. However, it is doubtful that the law has achieved this objective. In addition, it is also incompatible with modern approaches to product liability. Therefore, the Turkish product liability reform stands out as a failed tort reform. Among the reasons for this, the working system of the legislator is notable. An examination of the parliamentary documents on the drafting and enactment process of the law indicates that the law may be the outcome of functional f laws rather than a legal policy choice. In particular, the impact of the social agenda and public events on the overall progress of legislative activity is evident. This study first presents the Turkish product liability reform and explains why it has been an example of failed tort reform. Then, the relationship between this failure and the f laws in the legislative process is analysed. In conclusion, the intensity of social agendas caused tort reforms to take a back seat and directly impacted the working environment in parliament. © 2025 Kluwer Law International BV, The Netherlands.