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Searching Content indexed under Constitutional & Administrative Law by Orçun Çetinkaya, LL.M. ordered by Published Date Descending.
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1
Turkish Constitutional Court Ruled On The Liability Of Non-Executive Board Member For The Company's Unpaid Social Security Premium Debts
Accordingly, the court decided that there is no violation of the right of property as secured under article 35 of the Turkish Constitution.
Turkey
23 Aug 2019
2
Anayasa Mahkemesi: Yönetim Kurulu Üyesinin Temsil Yetkisinin Olmaması, Şirketin Sosyal Güvenlik Prim Borçlarından Sorumluluğunu Kaldırmaz
Başvurucu, bu kez, verilen kararın mülkiyet hakkını ihlal ettiği iddiasıyla Anayasa Mahkemesi'ne başvurmuştur.
Turkey
23 Aug 2019
3
Turkish Constitutional Court: Dismissal Of An Objection For Being Time-Barred Without Considering The Notification's Receipt Date Violates The Right Of Access To The Court
Turkish Constitutional Court decided that dismissal of an applicant's objection to the consumer arbitration committee's decision as being time-barred, without considering the receipt date of the notice, violates the right of access ...
Turkey
29 Jul 2019
4
Anayasa Mahkemesi: Tebligatın Teslim Alındığı Tarih Esas Alınmadan Süre Aşımı Kararı Verilmesi Mahkemeye Erişim Hakkını İhlal Eder
Anayasa Mahkemesi, başvurucu tarafından tüketici hakem heyeti kararına karşı yapılan itirazın tebligatın teslim alındığı tarih esas alınmadan süre yönünden reddedilmesinin, Anayasa'nın 36. maddesinde ...
Turkey
29 Jul 2019
7
Turkish Constitutional Court: Long-Term Continuation Of Provisional Attachment Breaches Property Rights
Turkish Constitutional Court ruled that, with its decision number 2014/17196 Application on 25 October 2018, a provisional attachment existing on an immovable for more than a decade causes more damage ...
Turkey
26 Mar 2019
8
Turkish Constitutional Court: Legislative Amendment Which Aims To Ensure Consistent Judicial Practice Has Justifiable Basis For Impacting Ongoing Lawsuits
Turkey's Constitutional Court recently rejected an application which claimed the applicant's constitutional property rights had been violated by legislative changes which occurred during the trial process.
Turkey
14 Jan 2019
9
Electronic Service Now Required For Certain Parties In Turkey
From 1 January 2019, it becomes mandatory in Turkey to make notifications to certain parties via the National Electronic Services System ("UETS"), which will be established by the Turkish Post ("PTT").
Turkey
7 Jan 2019
10
Turkish Constitutional Court: Failure To Expropriate Land For 27 Years Breaches Constitutional Property Rights
The court ruled that a fair balance must exist between protecting individual property rights and the public interest.
Turkey
20 Nov 2018
11
Turkish Constitutional Court: Balance Must be Struck Between Public Benefit and Individual Interests When Determining Compensation for Expropriations
The Turkish Constitutional Court recently considered a claim that property rights had been violated by insufficient compensation being paid for the decreased value of an applicant's property.
Turkey
25 Jan 2018
12
Turkish Constitutional Court: Tax Authority's Approach to Calculating Time for Undeclared Buildings and Land Does Not Breach Constitution
The Turkish Constitutional Court recently ruled that a provision which allows tax authorities to claim unpaid tax and tax fines for undeclared buildings and land within five years of becoming aware...
Turkey
25 Jan 2018
14
Turkish Constitutional Court: Confiscating LPG's Replacement Value Breaches Constitutional Property Rights
The Turkish Constitutional Court recently considered the legal basis for confiscating LPG from a gas station. It held that since the act in question was not a crime, confiscation under the Turkish Penal Code is not possible.
Turkey
16 Nov 2017
15
Turkish Constitutional Court: Including Interest and Court Expenses in Fine for Bounced Cheques Violates Constitutional Rights to Certainty and Predictability
The Turkish Constitutional Court recently considered calculation of judicial fines for bounced cheques. It decided to remove interest and court expenses from the calculation on the basis that this violates the constitutional principle that no crime or punishment should occur without law (Article 38). An individual's right to certainty and predictability is contained within this constitutional right.
Turkey
2 Nov 2017
16
Turkish Constitutional Court: Constitutional Right To Legal Remedies And Access To The Courts Means Expropriation Compensation Lawsuit Should Be Heard
Turkey's Constitutional Court recently considered a claim arising from a dismissed lawsuit, seeking compensation for expropriated land.
Turkey
17 Oct 2017
17
Turkish Constitutional Court: Holding A Company's Legal Representative Liable For Unpaid Public Debts Does Not Violate Property Rights
The Applicant argued that he is not liable because the debt became a public receivable in August 2001, after he was a board member.
Turkey
17 Oct 2017
18
Turkish Constitutional Court: Government Body Holds Burden Of Proof In Lawsuits Against Administrative Fines
The Turkish Constitutional Court recently ruled that the Criminal Court of Peace violated an applicant's presumption of innocence by failing to investigate his fault in a dispute, simply holding...
Turkey
15 Jun 2017
19
Turkey's Constitutional Court: Property Owner's Constitutional Rights Violated By Street Closure Causing Decrease In Rental Rate
Turkey's Constitutional Court recently ruled that a property owner's constitutional rights were violated by a failure to ensure a balance between public interests and the individual's property ownership rights.
Turkey
18 Apr 2017
20
Turkey Reduces Weight Threshold Where Imports Become Exempt From Surveillance Measures
Turkey's Ministry of Economy has reduced the weight threshold for imports to be exempt from surveillance measures.
Turkey
22 Dec 2016
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