Official Gazette decisions for October 21-27

I am sharing a summary of developments from the laws, decrees, regulations, circulars, and other legislation issued by the Grand National Assembly of Turkey (TBMM), the President, Ministries, and public legal entities published in the Official Gazette between October 21 and October 27.

With the Regulation on Amending the Regulation on Green Certificates for Buildings and Settlements published by the Ministry of Environment, Urbanization and Climate Change in the Official Gazette dated 21.10.2024, changes and arrangements were made regarding green certificate criteria, the Green Certificate Building Assessment Guide, the Green Certificate Settlement Assessment Guide, and matters related to National Green Building and Green Settlement Certification Training. In order to ensure that buildings and settlements that currently hold a green certificate are not affected by the latest regulation, it is stipulated that the validity of green certificates will continue as long as there is no change in the building or settlement that would negatively affect the certificate scores in terms of the criteria valid at the time they were issued.

With the Regulation on Amending the Regulation on the Implementation of the Law on Private Security Services published by the Ministry of Interior in the Official Gazette dated 22.10.2024, it has been ensured that private security companies, private security units, and private training institutions are audited on behalf of the ministry by the Gendarmerie General Command and the General Directorate of Security.

The Ministry of National Education Open Education Institutions Regulation was published by the Ministry of National Education in the Official Gazette dated 22.10.2024. Thus, a single regulation has been prepared to cover the Open Education High School, Open Education Middle School, Vocational Open Education High School, and Open Education Imam Hatip High School. The threshold for being considered successful has been raised and determined separately for each course. Students graduating from the Vocational and Open Education High School have been granted the title of 'technician'. Disciplinary provisions have been introduced for students over the age of 18 receiving face-to-face education in the Open Education Imam Hatip High School and Vocational Open Education High School. For disciplinary matters concerning students under the age of 18, the Ministry of National Education Secondary Education Institutions Regulation will be taken as a basis. A regulation has been made to allow open education institution exams to be conducted via e-Exam, printed documents, or other examination methods. While individuals assigned to public duties abroad for more than one year were already able to enroll their children in open education middle schools, the right to enroll has now also been granted to those who document that they reside abroad with their guardian or that their guardian has been assigned abroad.

The Constitutional Court, upon the application of the 10th Civil Chamber of the Bursa Regional Court of Justice, annulled the provision in Article 278 of the Enforcement and Bankruptcy Law, which covers lawsuits for the cancellation of disposition, stating that onerous dispositions between an adopter and an adoptee are considered as donations. Following this decision dated May 9, 2024, which was published in the Official Gazette on October 22, 2024, the annulment provision will enter into force 9 months after the publication of the decision (22.07.2025).

The Constitutional Court ruled that the right to access a court within the scope of the right to a fair trial was violated in an individual application regarding a case for the dissolution of partnership, where the case was deemed not filed because the applicant did not provide the defendant's address and identity number in the petition and failed to complete the deficiency despite the final deadline given. The decision is consistent with the Supreme Court's previous violation decisions and sets a precedent for all cases, not limited to dissolution of partnership cases. It is common knowledge to all of us that there are an infinite number of judges and prosecutors who do not perform their public duties as required, even though it is possible for the Court to find all land registry records and all kinds of data regarding owners through the UYAP system, or to have them brought via a writ if it cannot find them. Without further ado, I would like to say that there is no solution or remedy other than the immediate dismissal of such people, who do not deserve the salary they receive and the title they hold in every respect, from the profession without the right to retirement.

With the Regulation on Amending the Charging Services Regulation published by the Energy Market Regulatory Authority (EPDK) in the Official Gazette dated 23.10.2024, the deadline for the charging network operator to submit the document required for adding a charging station to the charging network to the EPDK has been extended until 31/7/2025.

The Regulation on the Recall of Human Medicinal Products and Special Medical Purpose Foods, published by the Turkish Medicines and Medical Devices Agency in the Official Gazette dated 23.10.2024, has repealed the Recall Regulation (the old regulation). Within the scope of the regulation, provisions have been included for the Turkish Medicines and Medical Devices Agency to evaluate faulty or suspicious products and request information from the license holder when necessary, make recall decisions, carry out relevant procedures in the Drug Tracking System, ensure the audit of processes, stop the production of faulty products, take necessary measures to prevent non-conformities, and carry out the necessary checks for re-introduction to the market; a Recall Evaluation Commission has been established.

On October 23, 2024, the Ministry of Justice updated the Code of Civil Procedure Expense Advance Tariff, the Code of Civil Procedure Arbitrator Fee Tariff, and the Code of Civil Procedure Witness Fee Tariff, and the fees were increased. Thus, it will be necessary to pay an expense advance of five times the number of parties for notification fees, an extra 400 TL for other work and transactions (it was 250 TL in 2024), and 100-150 TL for each witness (it was 40 TL in 2024).

The TBMM has decided to establish a Parliamentary Research Commission to investigate the baby deaths occurring in some private health institutions in all aspects, to examine the practices and legislation of private health institutions in care services related to newborns, children, the disabled, and the elderly, and to take necessary measures (Decision no: 1430), and the commission's term of office has been set as 3 months.

With Presidential Decrees numbered 9064-9065-9066-9067-9068;

- For the Nakkaş-Başakşehir section of the Northern Marmara Motorway Project, Istanbul Çatalca (Nakkaş Neighborhood), Arnavutköy (Yeşilbayır, Hadımköy, and Ömerli Neighborhoods), Başakşehir (Şamlar, Tatarcık, Ispartakule, Firuzköy, Hoşdere, Kayabaşı, İkitelli-2 Neighborhoods)

- For the construction of the Ankara Yavuz SPP (Solar Power Plant) production facility, Ankara Mamak (Odabaşı Neighborhood)

- For the construction of the Ankara BİL SPP electricity production facility, Ankara Mamak (Odabaşı Neighborhood)

- For the construction of the Metristepe WPP (Wind Power Plant) production facility, Bilecik Bozüyük (Doruk, Yeniçepni Neighborhoods) and Söğüt (Hayriye Neighborhood)

- For the construction of the Birkapı HPP (Hydroelectric Power Plant) electricity production facility, Mersin, Mut (Burunköy Neighborhood)

- Urgent expropriation of some parcels located in these areas has been decided.

The Constitutional Court, with a decision rendered as a result of an individual application, ruled that a custody decision made without evaluating objections based on a single report lacking sound and consistent grounds results in a violation of the right to respect for family life, and that in order to eliminate the consequences of the violation, in accordance with the principle of the best interests of the child, a decision regarding custody must be made as a result of reports where all objections are examined and evaluated in a way that leaves no doubt in the mind, and where interviews with children are conducted within a sufficient period of time.

The Council of State Board for Unification of Jurisprudence, with its decision dated 28.06.2024, issued a procedural precedent decision and established jurisprudence in the direction of sending the file to the court that rendered the judgment to make an additional decision regarding the waiver if the case is waived after the case file is sent for appellate review.

The TBMM has decided to grant permission within the scope of Article 92 of the Constitution for the Turkish Armed Forces to participate in UNIFIL for one more year on October 31, 2024, within the framework of the principles determined by the United Nations Security Council Resolution and the TBMM Decision, with the border, scope, and amount to be determined by the President, and for the necessary arrangements regarding this to be made by the President. (Decision no: 1431) In this context, Turkey will continue to contribute to the United Nations Interim Force in Lebanon (UNIFIL). The term of office of UNIFIL has been extended until 31.08.2025 by the UN Security Council resolution.

The TBMM has decided to grant permission within the scope of Article 92 of the Constitution for the Turkish Armed Forces to be sent abroad within the scope of the operation and mission carried out by the United Nations in the Central African Republic, with the border, scope, and amount to be determined by the President, and for the necessary arrangements regarding this to be made by the President. (Decision no: 1432) In this context, Turkey will continue to contribute to the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA). The term of office of MINUSCA has been extended until 15.11.2024 by the UN Security Council resolution.

The Regulation on Amending the Ministry of Youth and Sports Dormitory Services Regulation was published by the Ministry of Youth and Sports on 25.10.2024. The condition of not having received a 'prison sentence of six months or more for an intentionally committed crime' domestically or abroad, which is among the accommodation conditions in dormitories, has been increased to one year. 'Prostitution' has been added to the crimes that prevent staying in a dormitory, and 'indecent behavior' and "being convicted of the crimes of insulting the President, degrading the symbols of the state's sovereignty, degrading the Turkish Nation, the Republic of Turkey, the institutions and organs of the State, crimes against public peace, organizing betting and games of chance based on sports competitions contrary to the law, providing space and opportunity for them to be played, advertising them, or mediating the transfer of money" have been removed from the regulation. The extended education periods due to courses that students who transfer horizontally or vertically could not take as a result of adaptation and exemption procedures after registration have been added to the accommodation periods. Students who graduated and started studying at a second educational institution were provided with the opportunity to stay in dormitories again. It was ensured that the time spent by those going on an exchange program is not included in the total time calculation. The provision “In case of committing acts requiring multiple penalties, the penalty corresponding to each act is given” was changed and “The heaviest of the penalties related to these acts is given” was rearranged. A deadline until the last day of the month was given for the payment of the dormitory fee. A practice was introduced to cover the unpaid fee from the security deposit and to give until the 15th of the following month to complete the security deposit, and to delete the registration if it is not paid.

With the Presidential Circular No. 2024/13, the Presidential Circular No. 2018/7 was amended, and the obligation to obtain permission from the Presidency before opening special competitive exams to be conducted by institutions for personnel to be recruited in public institutions and organizations by being subjected to a special competitive exam for the profession in accordance with their own special legislation was abolished.