Executive & Administration
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RegulationEnvironment, Urbanization & Climate
Design and Application Principles for Excavation Support Structures Updated
The "Principles for Design and Application of Excavation Support Structures," annexed to the Regulation on Excavation Support Structures dated December 18, 2022, have been updated and replaced with new technical provisions.
Amended Legislation
Change:The technical annex titled "Principles for Design and Application of Excavation Support Structures" has been fully revised and replaced by the new regulation.
excavation support structures · civil engineering · foundation engineering · structural safety · regulatory change
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RegulationTransport, Infrastructure & Communications
Amendments to the Turkish Vessel Scrapping Incentive Regulation
The regulation expands the definition of contractors eligible for the vessel scrapping incentive program and establishes new requirements regarding the registration period of the vessel to be scrapped and the minimum gross tonnage ratios for newly constructed vessels. Key changes include a mandatory three-month Turkish registry requirement for vessels before application, an exemption from operating permits for shipyard facilities operating in free zones, and a tiered minimum gross tonnage requirement for replacement vessels based on the tonnage of the scrapped vessel.
Amended Legislation
Change:The amendment expands the definition of 'contractor' in Article 4 to include coastal facilities operating under the Free Zones Law. Article 5 is updated with new paragraphs requiring a minimum three-month Turkish registry for scrapped vessels and providing operating permit exemptions for free zone facilities. Article 8 is amended with a new paragraph defining the minimum gross tonnage ratios for new replacement vessels.
shipbuilding · scrapping incentive · maritime · ship registry · gross tonnage
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RegulationBanking, Finance & Capital Markets
Amendments to the Investor Compensation Center Regulation
Regulations have been introduced concerning the protection of assets under the Investor Compensation Center (YTM), the digitalization of refund processes for statute-barred assets, and the strengthening of Takasbank's operational role. YTM assets are now immune to seizure and encumbrance, and e-Government submission has become mandatory for refund claims. Additionally, transitional provisions have been established for calculating the statute of limitations for assets held by inactive firms.
Amended Legislation
Change:Amendments have been made to Articles 19, 26, 28, and Temporary Article 6 of the Investor Compensation Center Regulation, with the addition of Temporary Article 10. These changes encompass the protection of YTM assets, the authorization of Takasbank in seizure procedures, the rescheduling of the statute-barred asset list submission to the end of February, and the transition of refund applications to the e-Government platform.
Investor Compensation Center · Statute of Limitations · Capital Markets · Takasbank · e-Government
Read in the Official Gazette →Constitutional Court DecisionJustice & Lawfirst+last pages · 29 pp.
Constitutional Court Ruling on Notary and Criminal Procedure Legislation
The Constitutional Court of Turkey has reviewed the law numbered 7532 and annulled certain provisions of the Notary Law and the Criminal Procedure Code. The Court ruled that granting regulatory authority to the Ministry regarding notary working hours and the provision restricting the defendant's right to defense in criminal proceedings are unconstitutional. Other claims concerning legal internship, the appointment of deputy chief prosecutors, and the right to education in penal institutions were rejected, affirming their constitutionality.
Amended Legislation
Affected legislation: 1512 sayılı Noterlik Kanunu m.52; 5271 sayılı Ceza Muhakemesi Kanunu m.226
Resultkısmen iptal
Decision typejudicial review
Constitutional Court · Annulment · Notary Law · Criminal Procedure Code · Right to Defense
⚠ Document too long (29 pages); summary generated from first and last pages.
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Constitutional Court DecisionJustice & Law
Constitutional Court Rules on Violation of Property Rights in Tender Ban Case
The applicant company filed an individual application after the administrative court rejected its full remedy claim seeking the refund of a performance bond that had been forfeited based on a tender ban order, which was subsequently annulled by judicial decision. The Constitutional Court held that the failure to refund the bond, following the annulment of the underlying administrative act, disrupted the fair balance between the protection of property rights and the public interest. The Court ruled that the right to property was violated and ordered a retrial to remedy the consequences of the violation.
Amended Legislation
Resultviolation found
Decision typeindividual application
Rights categoryRight to property
Constitutional Court · Property Rights · Tender Ban · Full Remedy Action · Performance Bond
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Constitutional Court DecisionJustice & Law
Constitutional Court Ruling on the Principle of Double Jeopardy
The application concerns the alleged violation of the principle of 'ne bis in idem' (prohibition of double jeopardy) and the right to a fair trial, following the applicant's conviction for forgery and fraud regarding an act for which a previous non-prosecution decision had been rendered. The Constitutional Court held that the initial non-prosecution decision did not involve an examination of the merits regarding criminal liability and thus did not constitute a final judgment. The Court found the applicant's claims concerning double jeopardy and other fair trial issues to be manifestly ill-founded.
Amended Legislation
Resultrejected
Decision typeindividual application
Rights categoryRight to a fair trial
Constitutional Court · ne bis in idem · non-prosecution · double jeopardy · right to a fair trial
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Constitutional Court DecisionJustice & Law
Constitutional Court Rules on Violation of Reasoned Decision in Restoration of Rights
The Constitutional Court of Turkey ruled on an individual application regarding the denial of the restoration of banned rights. The Court found that the lower court failed to provide sufficient reasoning on how the ongoing investigations affected the applicant's 'good conduct' status, thereby violating the right to a reasoned decision. The Court ordered a retrial and the payment of legal costs to the applicant.
Amended Legislation
Resultviolation found
Decision typeindividual application
Rights categoryRight to a fair trial
Constitutional Court · restoration of rights · reasoned decision · right to a fair trial · individual application
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Constitutional Court DecisionJustice & Law
Constitutional Court Ruling on the Right to Examine Witnesses
The applicant alleged a violation of the right to a fair trial, specifically the right to examine witnesses, due to the inability to cross-examine witnesses whose statements formed the basis of the conviction for disrupting the unity of the state. The Constitutional Court determined that the conviction was not solely based on the statements of the witnesses who were not heard in court. It held that other corroborating evidence—including forensic reports, identification records, and the applicant's own confession during the investigation—provided sufficient grounds for the verdict. Consequently, the Court ruled that there was no violation of the right to examine witnesses.
Amended Legislation
Resultno violation
Decision typeindividual application
Rights categoryRight to a fair trial
Constitutional Court · Fair trial · Witness examination · Individual application · Terrorism conviction
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Constitutional Court DecisionJustice & Law
Constitutional Court Ruling on Violation of Right to Liberty and Security
In the individual application filed by Fahri Tırpan, it was alleged that the right to personal liberty and security was violated due to the non-deduction of time spent in prison following the revocation of his conditional release. The Constitutional Court ruled that the failure to deduct the period spent in the penal institution, despite the lack of a legal basis after the revocation, constitutes a violation of the right to personal liberty and security. The Court ordered the case to be sent to the relevant enforcement judgeship for retrial while rejecting the claim for compensation.
Amended Legislation
Resultviolation found
Decision typeindividual application
Rights categoryKişi hürriyeti ve güvenliği
Constitutional Court · Individual application · Right to liberty and security · Sentence deduction · Execution of sentence
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