Official Gazette Review / April 14-20, 2025

The Ministry of Agriculture and Forestry has published the Communiqué on Amendments to the Communiqué on the Regulation of Commercial Aquatic Products Harvesting (Communiqué No: 2024/20) (Communiqué No: 2025/11) and the Communiqué on Amendments to the Communiqué on the Regulation of Amateur Aquatic Products Harvesting (Communiqué No: 2024/21) (Communiqué No: 2025/12). Accordingly, the bonito season for small-scale fishermen will begin on August 15. For those hunting with spearguns, it is mandatory to hold an Amateur Fishing License as of January 1, 2026. The seasonal ban applied to Alamana (seine) nets between April 15 and May 15 has been lifted. Changes were also made to the hunting seasons for certain species and the hunting sizes for invasive species.

The Council of State's Board for the Unification of Jurisprudence, through its decision numbered 2021/5 E. and 2024/2. K., ruled that in full remedy actions, if an increase in the amount is requested, interest must be applied to the increased amount from the same date as the interest applied to the amount requested in the original petition.

The Constitutional Court ruled that the testimony of a witness who provided a statement during the investigation phase but was not heard in the presence of the parties during the trial phase, and therefore was not questioned in the presence of the court judge and the parties, constitutes a violation of the right to cross-examine witnesses and grounds for a retrial, unless supported by other evidence. (Application No: 2021/44360 - Dated 19.11.2024)

The Constitutional Court ruled that in a case that has been ongoing for over 10 years and is still pending, the right to life was violated and awarded non-pecuniary damages due to the delay, despite the fact that the file did not contain any extraordinary circumstances and the case was still pending, meaning the right to apply to the Constitutional Court had not arisen through ordinary channels. (Application No: 2020/40402 - Dated 23.10.2024)

The Ministry of Trade has published the Regulation on Amendments to the Regulation on Intermediary Activities and the Supervision and Audit of Intermediaries in the Türkiye Product Specialized Exchange. According to the regulation, until December 31, 2025, intermediary institutions will be able to electronically establish framework agreements with natural persons who transfer their identity copies, residence information, and other relevant information through the exchange, and will be able to obtain written declarations electronically from their customers stating that they have read and understood the general risks regarding electronic product certificates (ELÜS) and futures contracts based on these certificates before signing the contract.

The Ministry of National Education has published the Regulation on Amendments to the Regulation on the Selection and Assignment of Administrators to Educational Institutions Affiliated with the Ministry of National Education. Accordingly, the priority status for those with doctoral and master's degrees in educational administration in cases of equal scores in administrator appointments has been removed. Now, anyone with a doctorate in any field will have priority over those with a master's degree in educational administration. This regulation, which was in this form in its initial 2021 version, was changed in 2024 to give priority to the field of educational administration. With this change, it has returned to its original state.

The Ministry of Trade has published the Communiqué on Amendments to the Communiqué on the Establishment and Articles of Association Amendment Procedures of Cooperatives and the Determination of Founding Partner Numbers and Working Regions. According to the communiqué, tourism development and real estate management cooperatives can be established by at least 50 partners. Tradesmen and Craftsmen Credit and Surety Cooperatives can be established by at least 3,000 tradesmen or craftsmen in metropolitan cities and at least 2,000 in other provinces.

The Ministry of Health has published the Regulation on Private Health Institutions Providing Outpatient Diagnosis and Treatment. With the new regulation, medical centers can only be opened in detached buildings with occupancy permits. Accreditation from the Turkish Institute for Health Services Quality and Accreditation (TÜSKA) will be mandatory. A minimum area of 1250 m2 is required for medical centers and 3000 m2 for surgical centers. There is a requirement for at least 2 specialties within the organization, 5 specialist physicians, and 10 specialist physicians in surgical centers. Births can be performed in surgical medical centers, except for planned cesarean sections. Patients with an ASA score of 3 or higher cannot be operated on in these centers. ASA scores will be determined and notified by the Ministry. Moving outside the province and mergers are prohibited. A requirement for all personnel to work under 4-A status has been introduced. Furthermore, physicians will be able to work in a maximum of two health institutions in the same province, and indication audits can now also be performed in medical centers. However, devices within the scope of planning cannot be placed in medical centers. The regulations make health services entirely dependent on ownership and investors. Small-scale businesses based on physician labor and professional freedom are being pushed out of the system. It seems that by paving the way for chains with high capital power, the health system will be monopolized under the guise of control, audit, and quality.

The Ministry of Industry and Technology has published the Communiqué on Amendments to the Communiqué on the Implementation of the Decision on State Aids in Investments (Communiqué No: 2012/1) (Communiqué No: 2025/1). According to the amendment, for solar energy investments, the investment completion visa application date, which was set as February 28, 2025, for imported solar panels and construction systems, will be applied as May 31, 2025, provided that the necessary documents and permits have been obtained and the preliminary application has been made.

By the decision of the Council of Judges and Prosecutors, the provinces of Bartın and Zonguldak were removed from the jurisdiction of the Sakarya Regional Court of Justice and attached to the Ankara Regional Court of Justice as of May 1, 2025.