239 CIVIL PROCEDURE LAW The Situation Where Right of Information Shall Be Provided by First Issuing A Normal Notification to the CPAS Address of the Addressee In the Decision, the opinion suggesting that as a requirement of right to a fair trial and right to be heard, in the event that the notification issued to the last known address of the addressee is returned, firstly, a normal notification shall be issued to the CPAS address before issuing a notification pursuant to Article 21/2 of the NL, has been evaluated. The Assembly stated that the purpose of the Notification Law and the relevant legislation is to ensure that the notification reaches the addressee as soon as possible. Therefore, the application of the legislation down to the smallest detail is necessary. According to the Assembly, notification made with a procedure that is not stipulated by the NL violates the right to be heard. In addition, the Decision states that there are several rules in the legislation to prevent the negative consequences attached to the registered address. As examples for these rules, the mandate to update addresses is regulated under Articles 49 and 50 of Population Services Law numbered 5490, the restitution procedure regulated under Article 95 of Civil Procedure Law numbered 6100, and the delayed appeal regulated under Article 65 of Enforcement and Bankruptcy Law numbered 2004, can be provided. It concludes that directly issuing a notification pursuant to Article 21/2 of the NL is not in violation of the right to be heard, and that there is no need to issue a normal notification to that address in the first step. Dissenting Opinions There are three dissenting opinions in the Decision. In the dissenting opinions, it is argued that in the first place, a notification shall be made via normal means to the address found at the address registry system as the known address, and if that notification cannot be made, a new notification shall be made pursuant to Article 21/2 of the NL. According to the dissenting opinions, issuing the second notification without further research, if notification cannot be made to the address shown as the known address of the addressee pursuant to Article 21/2 of the NL, breaches the right to access the courts and right of defense of the addressee.
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