Struggle Against Time in Legal Confiscation Cases: Historic Decision of the Constitutional Court
“Legal Confiscation Cases”, which allow owners to defend their rights through legal means against the administration that has de facto sovereignty over the assets without expropriation, play an important role in protecting the right to property. In these cases, the duration of filing a lawsuit is of critical importance in terms of freedom to seek justice and legal security.
With the decision of the Constitutional Court dated 28 March 2018 and numbered 2016/196, Decision No. 2018/34, the provision in the Provisional Article 11 of the Expropriation Law, which postponed the deadline for filing a lawsuit in legal seizure cases until 7 September 2021, was annulled. This annulment decision was a turning point in terms of protection of property rights and freedom to seek justice.
Reasons for the Decision:
The Constitutional Court listed the following reasons in its annulment decision:
• Unconstitutionality: Provisional Article 11’s shortening of the time period for owners to file lawsuits regarding property rights and limiting their freedom to seek justice constituted a violation of Article 42 of the Constitution, which guarantees the right to property.
• Violation of Equality of Rights: Restricting the opportunities to seek rights in favor of public institutions that have de facto sovereignty over the assets without expropriation, compared to the owners, has created a violation of the principle of equality.
• Weakness in Legal Security: Constantly postponed deadlines for filing lawsuits have created uncertainty and anxiety about defending the rights of owners and damaged legal security.
Solutions of the Decision:
With this decision of the Constitutional Court:
• The period for filing a lawsuit has become active again for owners who have the right to file a legal seizure lawsuit against public institutions that have established de facto sovereignty over their assets without expropriation before September 7, 2021.
• In this way, the owners’ opportunities to defend their rights and protect their property rights have expanded.
• Legal security and freedom to seek justice have been strengthened.
