Happy
With the decision of the Constitutional Court dated 26.7.2023 and numbered 2022/144E., “With the decision of the Constitutional Court dated 26.7.2023 and numbered 2022/144E., 2023/137K., the phrase “from the announcement of the verdict” in Article 273/1 of the Code of Criminal Procedure has been annulled on the grounds that it is neither necessary nor proportionate, and the practice of submitting a time limit preservation petition in the application for appeal…
With the decision of the Constitutional Court 26/07/2023, file numbered 2023/37, decision numbered 2023/140; the 1st subsection of Article 286 of the Turkish Civil Code No. 4721 which states that “The husband can refute the presumption of paternity by filing a lawsuit for denial of lineage. This lawsuit is filed against the mother and child.” was annulled unanimously as it was found to be contrary to Articles 20 and 40…
With the decision of the Constitutional Court dated 26/07/2023, file numbered 2023/3, decision numbered 2023/139; the 4th subsection of Article 314 of the Turkish Civil Code numbered 4721 which states that “The names of the adopted spouses are written as the mother and father’s names in the civil registry of minors who are adopted by the spouses together and who do not have the mental competence.” was annulled unanimously as…
With the decision of the Constitutional Court dated 26.07.2023 and file numbered 2023/43, decision numbered 2023/141; the 5th sentence of the 19th subsection of Article 253 of the Code of Criminal Procedure No. 5271 which states that “In case of agreement, no lawsuit for compensation will be filed due to the crime subject to investigation.” was annulled as it was found to be contrary to Articles 13 and 36 of…
Decision published in the Official Gazette dated 06.10.2023 and numbered 32331, In it’s decision published in the Official Gazette dated 06.10.2023 and numbered 32331, the Constitutional Court decided that the opinion of the 22nd Civil Chamber of the Supreme Court of Appeals, which stated that the lawsuits filed for the payment of labor receivables cannot be filed as unquantified debt cases, was a violation of the right to legal remedies….
With its decision dated 11.05.2023 and application numbered 2018/14133 “With its decision dated 11.05.2023 and application numbered 2018/14133, the Constitutional Court has decided that the dismissal of the case due to final judgment violated the applicant’s right to access to court and right to a fair trial. The individual application is regarding the claim that the dismissal of the lawsuit filed by the individual applicant due to the lack of…