225 CIVIL PROCEDURE LAW In its decision, the CC had emphasized that an individual application should be made within thirty days from the date on which the remedies are exhausted, and if no remedy is foreseen, from the date on which the violation is learned pursuant to the 5th paragraph of Article 47 of the Law numbered 6216 on the Establishment and Adjudication Procedures of the Constitutional Court. It continued by stating that the publication of the final reasoned decision is one of the forms of notice for purposes of the start of the time period, but that notice may take other forms. With these evaluations, Article 7/a of the NL titled “Electronic Notification” which contains the statement “the electronic notification shall be deemed to have been made at the end of the fifth day following the date on which it reaches the electronic address of the addressee” was taken into account as well as the definition regarding “evidence record” in Article 3 of the Regulation. In this decision, the CC looked at the case of an applicant, who had declared that, on 20.01.2019 he was aware of the final decision regarding the trial process that was the subject of the application, and made an application to CC on 15.02.2019. However, it was recorded that the Applicant opened the notification of the reasoned final decision on 15.01.2019. The CC argued that the decision had been read by the Applicant’s attorney on 15.01.2019, that this constituted notice, and that the individual application period started from this date. The CC agreed, holding that the application was inadmissible due to expiration of time limit. When an individual application arises, the CC has held that the legal period begins from the date when the party “learned” about the notification, instead of the date that they received it. To put it another way, decisions regarding individual applications made to the CC reveal that the 30-day legal application period begins when the notification made through UETS (National Electronic Notification System) is opened by the person concerned, thus creating a record, unless “learning” about the notification has taken place in another way. This approach clearly conflicts with the statutory and regulatory language. However, it is not possible to state that the decision of the CC is applicable in terms of appeal applications made against chamber decisions of First Instance Courts and Regional Courts of Justice, since the
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