Constitutionality Review

2015

Judgment of the constitutional court on marriage by arranging religious ceremony without executing official marriage transactions 27.05.2015

 

2006 

Registry Nr. 2003/23, Decision Nr. 2006/26, Date of Decision: 22.02.2006 The Tenth Chamber of the Council of State asked the Constitutional Court to rule upon the conformity with the Constitution of Article 15/2. The contested provision was not found to be in breach of Articles 2 and 47 of the Constitution. 22.02.2006

Registry Nr. 2002/48, Decision Nr. 2006/22, Date of Decision: 15.02.2006 The Emirdag Peace Court asked the Constitutional Court to assess the compliance with the Constitution of Article 27.3 of Law no. 1136 on Lawyers (as amended by Law no. 4667).The contested provision was not found to be unconstitutional, and the case was unanimously rejected.15.02.2006

Registry Nr. 2002/47, Decision Nr. 2006/1, Date of Decision: 05.01.2006 The Tenth Chamber of the Council of State asked the Constitutional Court to rule upon the conformity with the Constitution of Article 15/2. The contested provision was not found to be in breach of Articles 2 and 47 of the Constitution.05.01.2006

Registry Nr. 2005/8, Decision Nr. 2006/2, Date of Decision: 15.01.2006 The President of the Republic requested a ruling from the Constitutional Court as to the compliance with the Constitution of certain provisions of Technology Development Zones Law no. 4691. The provision was found to be contrary to Article 46 of the Constitution and it was repealed.15.01.2006

 

 2005

Registry Nr. 2005/143, Decision Nr. 2005/99, Date of Decision: 19.12.2005 The President of the Republic asked the Constitutional Court to asses the compliance of Articles 45.2 and 56.1 of the Statistical Law no. 5429 with the Constitution. The Court ruled that salaries and allowances of public servants and public officials must be regulated by law. It is contrary to constitutional principles to leave competence in this area to the Council of Ministers. The Court also concluded that, as public officials of high rank play an important role in the determination of the goals and policies of public organizations, they must accordingly be appointed under the joint signature of the President of the Republic, the Prime Minister and the relevant minister. Therefore, Article 45.2 and 56.1 of the Law no. 5429 is contrary to the Constitution and must be repealed. 19.12.2005

Registry Nr. 2005/74, Decision Nr. 2005/73, Date of Decision: 26.10.2005 On 30 June 2005, the Procedural Rules of the Turkish Grand National Assembly were amended by Resolution 855. Several members of parliament asked the Constitutional Court to assess the compliance with the Constitution of some of the amended provisions of Article 91 of the Rules. The applicants argued that the provisions lacked clarity and accuracy and would prevent participation by members of parliament in debates at parliamentary level. The Court declared some of the amendments unconstitutional and repealed while declaring some of them constitutional and rejecting the application. 26.10.2005  

Registry Nr. 2003/7, Decision Nr. 2005/71, Date of Decision: 18.10.2005 The Ordu Tax Court requested a ruling from the Constitutional Court as to the compliance of Article 245.2 and 245.3 of the Customs Law with the Constitution. The Court ruled that custom duty taxpayers and other taxpayers must be subjected to the same rules as to the suspension of tax when a case is brought before the tax courts. Therefore, it is contrary to the principle of equality to enact different procedural rules for custom duty taxpayers and other taxpayers. This means that Article 245.3 of the Custom Law is contrary to the Constitution and should be repealed. 18.10.2005 

Registry Nr. 2001/383, Decision Nr. 2003/92, Date of Decision: 16.10.2005 The President of the Republic sought a ruling from the Constitutional Court as to whether certain provisions of Technology Development Zones Law no. 4691 were contrary to the Constitution. The Court ruled that basic functions of a permanent nature required by public services must be carried out by the state, state economic enterprises and other public corporate bodies. The competence to grant licenses and permission in Technology Development Zones may not be delegated to private companies, but only to the state, state economic enterprises or other public corporate bodies. The provision was found to be contrary to Article 46 of the Constitution and it was repealed. 16.10.2005  

 

Registry Nr. 2005/78, Decision Nr. 2005/59, Date of Decision: 30.09.2005 (Several deputies petitioned the Constitutional Court regarding the repeal of the second sentence of Article 54/1 of the Law no. 5362, which governs the Professional Organizations of Craftsmen and Tradesmen. This sentence provided that presidents of organizations of craftsmen and tradesmen who have served for two consecutive terms as President may not be re-elected until one election term has passed. The Court held that the provision contradicted Articles 2 and 11 of the Constitution and repealed it) 30.09.2005   

Registry Nr. 2004/2, Decision Nr. 2005/4, Date of Decision: 25.07.2005 (The Chief Public Prosecutor demanded from the Constitutional Court that the Republican People's Party (CHP) be given a reprimand because of the violation of Articles 14 and 104 of the Law on Political Parties (2820). The Chief Public Prosecutor alleged that CHP had not extraordinarily convened its general assembly in spite of a call from an adequate number of its delegates under Article 14.6 of the Law on Political Parties. 25.07.2005

Registry Nr. 2004/60, Decision Nr. 2005/33, Date of Decision: 01.06.2005 (Several deputies applied to the Constitutional Court for an assessment as to the compliance of various provisions of Law no. 5176 on the Establishment of Public Officials Board of Ethics with the Constitution. The law sets out the aims of this organization, and the scope of the ethical principles with which public officials must comply.) 01.06.2005  

Registry Nr. 2003/70, Decision Nr. 2005/14, Date of Decision: 14.03.2005 (The main opposition party brought an action before the Constitutional Court alleging that some articles of the Law concerning Changes to Various Laws and the Statutory Decree Concerning the Organization and Duties of the Ministry of Finance ("Law 4916") were contrary to the Constitution.) 14.03.2005  

2004

Registry Nr. 2002/39, Decision Nr. 2004/125, Date of Decision: 29.12.2004 (The General Assembly of Administrative Chambers of the Council of State contended that Article 2 of the Law on Free Zones contravenes Articles 2, 7, 73, 123 and 126 of the Constitution. As Article 2 of the Law 3218 was not contrary to the Constitution, the petition was rejected.) 29.12.2004  

Registry Nr. 2001/216, Decision Nr. 2004/120, Date of Decision: 02.12.2004 (Avanos Peace Court asked the Constitutional Court to rule upon the conformity with the Constitution of Article 195.2 (as amended by Law 2494) and the second sentence of Article 432.1 (as amended by Law 3156) of the Law on Civil Procedure. It was held that they contravene Articles 10 and 36 of the Constitution and they have accordingly been repealed.) 02.12.2004  

Registry Nr. 2002/41, Decision Nr. 2004/90, Date of Decision: 30.06.2004 (The Hatay Criminal Court of First Instance appealed to the Constitutional Court alleging that the phrase "... from 2 months to 2 years imprisonment ..." in amended Article 508 of the Penal Code was contrary to the Constitution. Article 508 of the Penal Code provides that a person guilty of the offence breach of confidence (i.e. if something is delivered to him and he does not return it in due time or if he or she denies it etc.), shall be sentenced to imprisonment from 2 months to 2 years. The actions mentioned in Article 308 of Penal Code are not related to inability to fulfill a contractual obligation; on the contrary, they are related to fraudulent actions depending on malice against the injured party. Therefore, the contested phrase is not contrary to the Constitution.) 30.06.2004

Registry Nr. 2001/481, Decision Nr. 2004/91, Date of Decision: 30.06.2004 (Menemen Criminal Court of First Instance brought an action in the Constitutional Court alleging that provisions of Articles 302, 386 and Article 390.3 of Criminal Procedures Law no. 1412 were contrary to the Constitution. The Court concluded that any criminal charge against individuals requires that a hearing be held and that the accused be present at that hearing. These are the natural consequences of the right to a fair trial and the right to defense. Even if a criminal order requires punishment other than imprisonment such as fines, suspension of a profession or trade, it is the requirement of the Constitution that a public hearing be held.) 30.06.2004

Registry Nr. 2004/18, Decision Nr. 2004/89, Date of Decision: 24.06.2004 (Balıkesir Labour Court brought an action in the Constitutional Court alleging that a provision of Article 57.b of Law no. 4956 was contrary to the Constitution. The Court concluded that a regulation on the time-limit for the retirement period which has retroactive effect is contrary to the principle of the rule of law and to the Constitution. The legislature in a state governed by the rule of law is under an obligation to ensure the laws conform not only to the Constitution, but also to the universal principles of law. The Law on the retirement period may not be applied to persons who have paid a pension premium before the new law has been promulgated). 24.06.2004

Registry Nr. 2004/14, Decision Nr. 2004/84, Date of Decision: 23.06.2004 (Law Nr 5035 amended some of the provisions of Law 197 on Motorized Vehicles. Before Law 5035 came into force, vehicle taxation was based on the age and weight of the motorized vehicles. Under the new law, the tax is levied with reference to age and size. A group of deputies applied to the Constitutional Court to assess the compliance with the Constitution of Articles 23, 24 and 50.d of Law 5035, which amended certain articles of the Law on Motorized Vehicles. The provision under dispute provides for certain conditions where the Council of Ministers may determine the tax which should be levied, within limits set out in the law. The principles of legality of administration and legal certainty were accordingly not breached and the provision was not unconstitutional.) 23.06.2004

Registry Nr. 2003/12, Decision Nr. 2004/69, Date of Decision: 16.06.2004 (Two of the Criminal Courts of First Instance brought an action in the Constitutional Court alleging that a provision of Article 2.3 of Law no. 1072 (the law on playing machines such as roulette, table football and other similar ones) was contrary to the Constitution. In its judgment, the Constitutional Court stated that it is for the legislature to determine which actions shall be deemed a crime or offence and which penalties shall be given to those actions. According to Article 6 of the law on the Execution of Penalties (no. 647) sentences other than fines may be suspended under certain circumstances. Suspension is therefore not a right for the convicted person but within the power of appreciation of the judge.) 16.06.2004

Registry Nr. 2004/35, Decision Nr. 2004/64, Date of Decision: 26.05.2004 (Two Assize Courts appealed to the Constitutional Court alleging that Article 14.2 of the Reconciliation Law was contrary to the Constitution. They alleged that Article 14 of the same Law encompassed different rules for individuals who falsify the tax documents and for the ones who use those documents, while Article 359 of the Reconciliation Law provided for the same sanctions (imprisonment from 6 months to 3 years) for both. The Constitutional Court did not find the contested provision unconstitutional and the demand was unanimously rejected) 26.05.2004

Registry Nr. 2000/43, Decision Nr. 2004/60, Date of Decision: 13.05.2004 (Vezirköprü Criminal Court of First Instance applied to the Constitutional Court alleging that Article 112.1 and additional Article 13 of Law no. 4450 (the law amending the Traffic Law no. 2918) were contrary to the Constitution. According to the objected provisions if any person drives motorized vehicles when he/she is drunk, his/her driving license shall be taken away temporarily by the administration for a certain period of time. The trial court alleged that the administration may not impose any sanction resulting in restriction of personal liberty.) 13.05.2004

Registry Nr. 2002/70, Decision Nr. 2004/56, Date of Decision: 06.05.2004 (The Bursa 5th Court of First Instance brought an action before the Constitutional Court alleging that Article 138 of the Code of Criminal Procedures (amended by Law 3842) was contrary to the Constitution. The Constitutional Court stressed that the protection of the accused or detained person as provided in the article in question, is a special protection for persons who do not have the possibility of having an advocate or for those who are under the age of 18 or deaf or speech-impaired or handicapped.) 06.05.2004

Registry Nr. 2002/94, Decision Nr. 2004/45, Date of Decision: 31.03.2004 (The Ankara 2nd Court of First Instance brought an action in the Constitutional Court alleging that the third sentence of Article 16.1 (amended by the Law 2950) of the Law on Press, 5680, was contrary to the Constitution. Since the authors of the articles, the news or the caricaturists do not have the same status, the legislature may enact different rules for those groups of people as far as criminal liability is concerned. The provision in question is therefore not contrary to the principles of equality and of the rule of law.) 31.03.2004

Registry Nr. 2002/101, Decision Nr. 2004/44, Date of Decision: 31.03.2004 (The Amasya Justice of the Peace Court applied to the Constitutional Court alleging that the phrase "... imprisonment from 15 days to 3 months..." in Article 521.a of the Criminal Code was contrary to the Constitution. The Court concluded the legal regulation in Article 521.a of the Criminal Code is not related to inability to fulfil a contractual obligation) 31.03.2004  

Registry Nr. 2002/43, Decision Nr. 2003/103, Date of Decision: 24.03.2004 (The 2nd Chamber of the Court of Cassation and the 10th Chamber of the Council of State (the 10th Chamber of the High Administrative Court) applied to the Constitutional Court alleging that Articles 1 and 2 of Law 4552 (the Law on Amendment of the Association Law) were contrary to the Constitution. Associations may only be dissolved by court decisions.) 24.03.2004  

Registry Nr. 2001/390, Decision Nr. 2004/35, Date of Decision: 17.03.2004 (Ankara 3rd Administrative Court applied to the Constitutional Court alleging that provisional Article 1 of Law 4045 (the part relating to public officials) was contrary to the Constitution.) 17.03.2004

Registry Nr. 2003/98, Decision Nr. 2004/31, Date of Decision: 03.03.2004 (Article 167 of the Law on Lawyers, no. 1136 (as amended by the Law no. 4667) was brought before the Constitutional Court by three different courts, alleging its unconstitutionality. Arbitration boards of bars may not be regarded as independent and impartial courts within the meaning of Articles 9 and 36 of the Constitution since composition of these boards and the procedural rules applied, are not in conformity with the constitutional rules. The provisions related to independence, experience and procedural rules of the arbitration boards must be regulated by law.) 03.03.2004

Registry Nr. 2002/166, Decision Nr. 2004/3, Date of Decision: 21.02.2004 (The First Army Military Court brought an action in the Constitutional Court alleging that article 67.1-A of Military Penal Code (as amended by the Law 4551) was contrary to the Constitution. The offending provision stipulated: "the military persons who commit the following acts shall be deemed as having fled from the army and shall be imprisoned from 3 years to 5 years: a. personnel who spend 3 days in a foreign country for any reason in the absence of permission to go abroad even if they have leave within the country .......". 21.02.2004

Registry Nr. 2001/237, Decision Nr. 2004/16, Date of Decision: 17.02.2004 (Article 20 of the Law on the Establishment and Procedures of Military Courts, no. 353 was brought before the Constitutional Court by two different courts, with an allegation of unconstitutionality.) 17.02.2004

Registry Nr. 2004/1, Decision Nr. 2004/1, Date of Decision: 10.02.2004 (The symbols, signs and names used by political parties that have been dissolved may not be used by other political parties. Any other political party using those symbols, signs and names shall be warned to stop using them.) 10.02.2004

Registry Nr. 2003/86, Decision Nr. 2004/6, Date of Decision: 28.01.2004 (The rate of allocation of revenues determined by law may be increased or decreased when the need to change arises. As determining the optimum rate is impossible, and changing situations may need different rates, it is within the discretionary power of the parliament to determine the rates and the period to be applied provided that they are not immoderate and unjust. International agreements on defense and security do not need the approval of the parliament. Agreements of an economic and commercial nature may not be exempted from promulgation in the Official Gazette.) 28.01.2004

 

2003

Registry Nr. 2003/36, Decision Nr. 2003/91, Date of Decision: 14.10.2003 (The creation of new ministries and merging existing ones into one ministry is within the discretion power of the National Assembly. Public interest, the fundamental aims and duties of the State mentioned in Article 5 of the Constitution and other Constitutional principles should be taken into account when using that competence. The constitutional review of the laws creating new ministries or merging existing ones, do not cover this question of whether a law is appropriate or not from a political point of view.) 14.10.2003

Registry Nr. 2003/31, Decision Nr. 2003/87, Date of Decision: 08.10.2003 (Article 1 of Law 4838 increased the rate of the retirement pension deduction by 1 percent, which is to say, from 15 percent to 16 percent. The opposition party claimed that that increase infringed legal stability and legal confidence) 08.10.2003

Registry Nr. 2003/28, Decision Nr. 2003/42, Date of Decision: 22.05.2003 ("an action for annulment may not be brought (to the Administrative Courts) against administrative decisions on the use of the competences granted to the Regional Governor during a state of emergency by the Decree Having Force of Law 285” in Article 7 of the Decree Having Force of Law nr. 285) 22.05.2003

Registry Nr. 2002/112, Decision Nr. 2003/33, Date of Decision: 10.04.2003 ("where real property has been expropriated but the legal procedures are not yet completed and where that property is allocated to public service or construction has started on that real property, the owner or possessor of that real property or his/her heirs may not raise any claims after the twenty-year limitation period. That period starts running on the day the public authorities take possession of the real property in question” in Article 38 of the Law on Expropriation) 10.04.2003

 

2002

Registry Nr. 2002/146, Decision Nr. 2002/201, Date of Decision: 27.12.2002 ("Law nr. 4771 which amends a number of provisions of laws on different subjects) 27.12.2002

Registry Nr. 2001/408, Decision Nr. 2002/191, Date of Decision: 21.11.2002 (imprisonment for drawers of cheques who breach the rules laid down in the Articles 13 and 16 of the Law on Cheques.) 21.11.2002

Registry Nr. 1999/35, Decision Nr. 2002/104, Date of Decision: 12.11.2002 ("where one of the spouses, children or other members of the family living in the same home reports that he/she was subjected to violence within the family, the judge shall take one or more of the measures listed in the article. According to that article, the measures may be directed against one of the spouses, but not against the children or other members of the family.” in Article 1.1 of the Law Nr. 4320 on the Protection of The Family) 12.11.2002

Registry Nr. 2002/38, Decision Nr. 2002/89, Date of Decision: 08.10.2002 ("…in order for a person to be employed by the Special Security Organizations, that person must not have been a member of any political party or not have performed any duty for any political party for at least five years before the date of application for a job at the Security Organization” in Article 16.h of Law Nr. 2495 on Protection and Security of Some Institutions and Establishments) 08.10.2002

Registry Nr. 2001/5, Decision Nr. 2002/42, Date of Decision: 28.03.2002 ("In order to bring an action against municipal participation fees, it is compulsory to pay half of the fees” in Article 89.a of the Law on Municipal Revenues) 28.03.2002

Registry Nr. 2000/48, Decision Nr. 2002/36, Date of Decision: 20.03.2002 ("in indictments prepared by the public prosecutor for cases within the competence of the Magistrates' Court, it is sufficient to indicate the identity of the accused, the law to be applied and the basic evidence in the case” in Article 163.4 of the Code of Criminal Procedure) 20.03.2002

Registry Nr. 2001/293, Decision Nr. 2002/28, Date of Decision: 13.02.2002 ("allegations that some provisions of the Law on the Electric Energy Market are contrary to the Constitution) 13.02.2002

Registry Nr. 2001/129, Decision Nr. 2002/24, Date of Decision: 31.01.2002 ("Certain amendments were made to the Rules of Procedure of the Turkish Grand National Assembly, containing a number of provisions restricting discussions and questions in the Assembly”) 31.01.2002

Registry Nr. 2001/228, Decision Nr. 2002/9, Date of Decision: 03.01.2002 ("If a retraction or apology is not published, the judge will decide, at least within seven days from appeal by the person concerned, whether or not this publication is required” in Article 19.3 of the Law on the Press ) 03.01.2002

 

2001

Registry Nr. 1997/2, Decision Nr. 1999/1, Date of Decision: 22.11.2001 ("an action against the Democratic People's Party to dissolve the party under different provisions of the Law on Political Parties and of the Constitution) 22.11.2001

Registry Nr. 2001/4, Decision Nr. 2001/332, Date of Decision: 27.10.2001 ("a person sentenced under Article 312.2 of the Turkish Criminal Code may not be admitted as a member of a political party." in Article 11.b.5 of the Law on Political Parties.) 27.10.2001

Registry Nr. 2001/3, Decision Nr. 2001/3, Date of Decision: 19.07.2001 ("a person sentenced under Article 312.2 of the Turkish Criminal Code may not be admitted as a member of a political party." in Article 11.b.5 of the Law on Political Parties.) 19.07.2001

 

2000

Registry Nr. 2000/26, Decision Nr. 2000/48, Date of Decision: 16.11.2000 ("the levels of rent determined in leases may not be increased more than 25% for the year 2000 " in Provisional Article 7 of the Law on Rents of Real Properties.) 16.11.2000

Registry Nr. 1999/46, Decision Nr. 2000/25, Date of Decision: 20.09.2000 ("property belonging to the State and the property listed in related statutes may not be sequestrated" in Article 82.1 of Law on Enforcement and “municipal taxes and fees, and property devoted to public services not be sequestrated” Bankruptcy and Article 19.7 of the Law on Municipalities.) 20.09.2000

 

1999

Registry Nr. 1999/27, Decision Nr. 1999/42, Date of Decision: 24.11.1999 ("holding a religious wedding ceremony before the civil marriage is punished with two to six months imprisonment" in Article 237.4 of the Turkish Criminal Code.) 24.11.1999

 

1998

Registry Nr. 1998/35, Decision Nr. 1998/70, Date of Decision: 17.11.1998 ("benefits for inability to work is limited to 18 months" in Article 37.1 of the Law on Social Security.) 17.11.1998

Registry Nr. 1997/61, Decision Nr. 1998/59, Date of Decision: 29.09.1998 ("the wife shall take the surname of her husband when she gets married;" in Article 153.1 of the Civil Code.) 29.09.1998

Registry Nr. 1997/26, Decision Nr. 1998/10, Date of Decision: 30.04.1998 ("more than five years of imprisonment" in Article 102.3 of the Criminal Code.) 30.04.1998

 

1997

Registry Nr. 1996/70, Decision Nr. 1997/53, Date of Decision: 05.06.1997 (some provisions of the Law 4202 amending the Press Law 5680; In order to safeguard the right to receive information, some requirements may be introduced concerning the distributors and the sellers of periodical and non-periodical publications.) 05.06.1997

1996

Registry Nr. 1996/52, Decision Nr. 1996/45, Date of Decision: 04.12.1996 (Supplementary Article 1 of the Law 2451 on the procedure for the appointment of ministers) 04.12.1996