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MONTHLY LEGAL DEVELOPMENT S
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Important Case Law
•
The Constitutional Court deemed unconstitutional the first sentence
of the first paragraph of the Provisional Article of the Law No. 4814
Amending the Law for the Regulation of Payments with Cheques
and the Protection of Cheque Bearers, which states, “Before the
date of entry into force of this Law” and rejected the Objection.
(No: 2004/22; OG, 08.01.2010; 27456)
•
The Constitutional Court ruled that the second paragraph of Article
114 of the Tax Procedural Law Numbered 213 was unconstitutional
and annulled it. (No: 2006/124; OG, 08.01.2010; 27456)
•
The Constitutional Court decided that the second sentence of the
first paragraph of Article 28 of the Charges Law numbered 492
which states that, “No judgment can be rendered to the concerned
person as long as the charge for decision and judgment is not paid”
was unconstitutional and annulled it. The Court also decided that the
first sentence of its Article 32 which states that, “As long as charges
to be collected for jurisdictional operations are not collected, no
subsequent operations will be realized” was not unconstitutional.
(E. No: 2009/27) The decision of the Constitutional Court was
published in the Official Gazette dated 17.03.2010 and numbered
27524.
•
The Constitutional Court decided that the expression “…from
women…” stated in the First Paragraph of the First Article of the
Nursery Law numbered 6283 was unconstitutional and annulled
it. The decision of the Constitutional Court was published in the
Official Gazette date 19.03.2010 and numbered 27526.
•
The Constitutional Court decided that the part “…the clinics
which have not the character of dispensaries, infirmaries and
polyclinics were excluded from this provision” of the 1
st
Paragraph
of Article 24 of the Property Ownership Law numbered 634 was
not unconstitutional and to the refusal of the objection (E. No:
2006/159). The decision of the Constitutional Court was published
in the Official Gazette dated 18.05.2010 and numbered 27585.
•
The Constitutional Court decided that the 3
rd
Paragraph of Article
5 of the Law on the Organization of a Council of Ethics for Public