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  • Article

    What Are The Recent Amendments To The Regulation Regarding The Principles And Procedures Of Collection Of Aid?

    The Ministry of Interior ("Ministry") introduced significant amendments to the Regulation regarding the Principles and Procedures of Collection of Aid. Among the main changes are defining the expressions regarding aid and ...
    TurkeyLitigation, Mediation & Arbitration
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    The Constitutional Court's Decision on the Annulment of Certain Provisions of the Internet Law Entered into Force on January 28, 2017

    In 2014, 121 deputies of the Republican People's Party ("CHP") applied to the Constitutional Court for the annulment of certain provisions of Law No. 5651, the primary Internet law in Turkey, along with certain provisions of other laws, such as the Tax Procedure Law and the Public Tender Law.
    Turkey
Media, Telecoms, IT, Entertainment
ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law
  • Article

    The New Regulation On Electronic Notices

    Going forward, this electronic messaging service called UETS will be the primary mode of service for formal notices.
    TurkeyMedia, Telecoms, IT, Entertainment
    Bezen & Partners
    Bezen & Partners
  • Article

    Anayasa Mahkemesi'nin 20.12.2022 Tarihli Ümit Eyüpoğlu Başvurusu Kararı

    20.12.2022 tarihinde Anayasa Mahkemesi'nin Resmi Gazete'de yayınlanan kararı ile 2018/6161 başvuru numaralı Ümit Eyüpoğlu başvurusu sonuçlandırılmıştır..
    TurkeyPrivacy
    Ozdagistanli Ekici Avukatlik Ortakliği
    Ozdagistanli Ekici Avukatlik Ortakliği
  • Article

    Decision Of The Constitutional Court On The Application Of Ümit Eyüpoğlu Dated 20.12.2022

    Ümit Eyüpoğlu's application with application number 2018/6161 was concluded with the decision of the Constitutional Court published in the Official Gazette on 20.12.2022.
    TurkeyPrivacy
    Ozdagistanli Ekici Avukatlik Ortakliği
    Ozdagistanli Ekici Avukatlik Ortakliği
  • Article

    Two-Minute Recap Of Recent Developments In Turkish Personal Data Protection Law – December 2022

    In December 2022, the Turkish Personal Data Protection Authority ("DPA") announced one data breach notification but did not publish any decisions.
    TurkeyPrivacy
    Gen Temizer Erdogan Girgin Attorney Partnership
    Gen Temizer Erdogan Girgin Attorney Partnership
  • Article

    Mandatory Electronic Notification Under The Tax Procedure Law: The Constitutional Court Decision And The New Regime Introduced By Law No. 7587

    The Turkish Constitutional Court's annulment of the Ministry's authority to determine electronic notification obligations under the Tax Procedure Law has prompted legislative reform through Law No. 7587. This analysis examines how the new statutory framework addresses constitutional concerns by directly specifying mandatory participants while preserving the electronic notification system's core operational features. The article traces the evolution from ministerial discretion to parliamentary specification
    TurkeyTax
    Acar & Ergönen Attorney Partnership
    Acar & Ergönen Attorney Partnership
  • Article

    New Era in Turkish Procedural Law: Establishment of Appellate Courts

    The Law on Establishment and Authorization of the Courts of Judicial First Instance and Regional Courts, was published in the Official Gazette on 7 October 2004, and came into force on 1 June 2005. Along with this enactment, following the establishment of the courts of first instance, the law governing Regional General Courts has been introduced within the framework of the same jurisdiction as the courts of first instance.
    TurkeyGovernment, Public Sector
    Hergüner Bilgen Üçer Attorney Partnership
    Hergüner Bilgen Üçer Attorney Partnership
  • Article

    Fruit Of The Poisonous Tree Might Not Be Poisonous: The Turkish Administrative Court Cleared The Use Of Recordings Of Phone Conversations In TCA's Syndicated Loan Decision

    The TCA's much-debated decision on its banking investigation concerning information exchange between competitors on syndicated loans still resonates with further discussions on procedural aspects of antitrust proceedings in Turkey.
    TurkeyAntitrust/Competition Law
    Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership
    Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership
  • Article

    Playing By The Rules: Turkish Constitutional Court Confirms Dawn Raid Procedures But Cancels Some Minor Changes

    In June 2020, Turkish Competition Act was revised. In this context, significant amendments were made relating to commitment, reconciliation, de minimis, power to conduct dawn raids, and the internal functioning of the Turkish Competition Authority.
    TurkeyAntitrust/Competition Law
    Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership
    Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership
  • Article

    Turkish Constitutional Court Decision On The Settlement Procedure In Competition Law

    The Turkish Constitutional Court ("AYM") recently ruled that provision under the Law No. 4054 on the Protection of Competition ("Turkish Competition Law") governing the waiver from judicial review of settlement decisions of the Turkish Competition Authority ("TCA") ...
    TurkeyAntitrust/Competition Law
    Hergüner Bilgen Üçer Attorney Partnership
    Hergüner Bilgen Üçer Attorney Partnership
  • Article

    Information Note On The Constitutional Court Decision Regarding The Liability Of Electronic Commerce Intermediary Service Providers Towards Consumers

    In Application No. 2024/187 before the Constitutional Court, provisions of the Consumer Protection Law No. 6502 and the E-Commerce Law No. 6563 were challenged as unconstitutional in a non-pecuniary damages case concerning a defective product purchased online.
    TurkeyConsumer Protection
    Ozbilen Aykut Attorneyship
    Ozbilen Aykut Attorneyship
  • Article

    A New Framework For Business Opening And Operating Licenses: Amendment Regulation Published

    The Regulation Amending the Regulation on Business Opening and Operating Licenses (the "Amendment Regulation") was published in the Official Gazette number 33104...
    TurkeyCorporate/Commercial Law
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Inspection Of Employees' Corporate E-Mail Correspondence

    The employer's right to inspect employees' communication made through their corporate e-mail account is a much-debated issue.
    TurkeyEmployment and HR
    Kolcuoğlu Demirkan Koçaklı Attorneys at Law
    Kolcuoğlu Demirkan Koçaklı Attorneys at Law
  • Article

    Reading Of Whatsapp Correspondence By The Employer: Constitutional Limits And The Current Judicial Approach

    The widespread use of digital communication tools in employment relationships has reignited discussions regarding the boundaries between the employer's right of supervision and the employee's fundamental rights and freedoms. In particular, the monitoring by employers of personal communication applications such as WhatsApp used through workplace computers requires a delicate balance both in terms of labour law and constitutional rights.
    TurkeyEmployment and HR
    Sakar Law Office
    Sakar Law Office
  • Article

    5801 Sayılı Cumhurbaşkanı Kararı Ile, Amme Alacaklarının Tahsil Usulü Hakkında Kanun'un 51/1 Maddesinde Düzenlenen Gecikme Zammı Oranı %2,5'a Çıkartılmıştır

    21 Temmuz 2022 tarihli ve 31899 sayılı Resmî Gazete'de yayımlanan 5801 sayılı Cumhurbaşkanı Kararı uyarınca ...
    TurkeyGovernment, Public Sector
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Access To Wikipedia Reinstated In Turkey

    ELIG Gürkaynak Attorneys-at-Law, acting as outside counsel for Wikimedia Foundation, Inc., has secured an affirmative decision from the Turkish Constitutional Court in the matter of an universal access ban on the Wikipedia website in Turkey.
    TurkeyGovernment, Public Sector
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    The Constitutional Court's Ruling Will Affect The Force Of Preliminary Injunction Orders

    The decision of cancellation was published on the Official Gazette on February 20, 2019.
    TurkeyGovernment, Public Sector
    Deris Attorney At Law Partnership
    Deris Attorney At Law Partnership
  • Article

    The Constitutional Court Finds The Amendment Regarding Confidential Hearings To Violate The Constitution And Annulled The Amendment

    The transparency of court proceedings is commonly defined as the accessibility of court activities to the general public unless specified otherwise by law.
    TurkeyGovernment, Public Sector
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    The Constitutional Court Rules That Depreciation Of Receivables Awarded By A Court Violates The Right Of Property

    On March 16, 2023, upon an individual complaint of the Applicant Volkan Kahirli ("Applicant"), the Constitutional Court decided through its Decision ("Decision") numbered 2019/22730 that the delayed payment...
    TurkeyGovernment, Public Sector
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
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