228 NEWSLETTER 2021 the notification reaches the electronic address....” In its decision, the General Assembly discussed an application made to the CC which alleged that the aforesaid provision is unconstitutional. In the judgement of the CC dated 19.09.2019 and numbered 2018/144, the CC held that the rule obliges the addressees to check their e-mail addresses periodically. If this obligation is complied with at least every five days, there will be no loss of right regarding the possibility of applying for legal remedies, and if the addressee checks his e-mail address daily, or at least more frequently than every five days, he will be informed of the notification before the date on which the notification will be deemed to have been made. Thus, the CC decided that the regulation is not unconstitutional. Conclusion The date on which an electronic notification will provide notice to the addressee is clearly regulated in the Notification Law and the Regulation. Despite this, the existence of conflicting judicial decisions regarding the date of notification and the beginning of the legal periods has undermined the principle of legal security and exposes individuals to the risk of loss of rights. An application was made to the First Presidency of the Court of Cassation by the Union of Turkish Bar Associations in order to avoid the previously stated danger and to ensure a consensus in the judiciary. In order to eliminate this confusion in practice and to prevent loss of rights, a unification of precedent is needed.6 6 https://d.barobirlik.org.tr/2021/etebligat/20210126_yargitay.pdf.
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