9th Judicial Package approved by the TBMM Justice Commission

With the draft passed by the TBMM Justice Commission, amendments will be made to the Enforcement and Bankruptcy Law. Accordingly, in sales via electronic auction, the difference between bids cannot be less than five per thousand of the estimated value of the goods put up for sale, and in any case, not less than 1,000 Turkish Liras.

If a new bid is placed within the last 10 minutes of the auction period, the auction will be extended by 3 minutes. If a new bid is placed during the extension period, the auction period will be extended by 3 minutes from the time each new bid is placed. If no new bid is placed during the final extension period, the goods will be awarded to the highest bidder. The total duration of extensions cannot exceed one hour. This one-hour period may be shortened, extended, or removed by the decision of the Ministry of Justice, and these decisions will be announced on the Ministry's official website.

With the regulation in the Additional Article 1 of the same Law, the provision stating that portions not exceeding 10 Turkish Liras of the limits determined as a result of increasing monetary limits by the revaluation rate will not be taken into account will be changed to state that portions not exceeding 1,000 Turkish Liras will not be taken into account. Fractions of the monetary figure determined as a result of revaluation that do not exceed 1,000 Liras will be disregarded.

The increase in the monetary limit used as a basis for appeals and cassation applications due to revaluation will not apply to decisions re-rendered following a reversal decision by the regional court of justice or the Court of Cassation; the monetary limits valid at the date of the initial decision will be taken as the basis.

Amendments will be made to the Attorneyship Law in line with the Constitutional Court's annulment decision. In the distribution of the legal aid allowance among bar associations, in provinces with more than one bar association, 30 percent of the total points determined for every 5,000 population will be distributed equally among the bar associations in that province, while the remainder will be distributed according to the points obtained by multiplying the figure reached after dividing by the total number of lawyers registered in that province by the number of members of each bar association.

"International law," "private international law," "general public law," and "social security law" will be added to the fields covered in the Entrance Exam for Legal Professions and the Administrative Judiciary Preliminary Exam. If needed, new fields of law may be added to these areas by regulation.

The number of questions in the Entrance Exam for Legal Professions and the Administrative Judiciary Preliminary Exam will be increased from 100 to 120. The addition of new fields to the exams, the format of the exams, and other matters related to the exams will be regulated by a regulation issued by the Ministry of Justice after obtaining the opinions of the Council of Judges and Prosecutors, the Council of Higher Education, the Assessment, Selection and Placement Center Presidency, the Union of Turkish Bar Associations, and the Union of Turkish Notaries.

The monetary limits in Article 7 of the Law on the Establishment and Duties of Regional Administrative Courts, Administrative Courts, and Tax Courts regarding cases to be resolved by a single judge will be applied by increasing them each year, effective from the beginning of the calendar year, at the revaluation rate determined and announced in accordance with the provisions of the repeated Article 298 of the Tax Procedure Law for the previous year. In determining cases to be resolved by a single judge, the monetary limit at the date of the lawsuit will be taken as the basis, and in cases where the amount is increased, the monetary limit at the date of the increase will be taken as the basis.

CHANGES TO THE ADMINISTRATIVE PROCEDURE LAW

According to the amendment to the Administrative Procedure Law, decisions rendered by administrative and tax courts regarding tax cases, full remedy cases, and annulment cases filed against administrative actions where the subject matter does not exceed 31,000 Turkish Liras will be final, and no appeal will be permitted against them.

With the amendment to the same law, tax cases, full remedy cases, and cases filed against administrative actions with a subject matter exceeding 920,000 Turkish Liras, as well as cases where a new decision is rendered following a reversal decision during appellate review for tax cases, full remedy cases, and administrative actions with a subject matter exceeding 270,000 Turkish Liras but not exceeding 920,000 Turkish Liras, will be subject to appeal to the Court of Cassation.

The monetary limits stipulated in the Administrative Procedure Law will be applied by increasing them each year, effective from the beginning of the calendar year, at the revaluation rate determined and announced in accordance with the provisions of Article 298 of the Tax Procedure Law regarding the previous year. Portions of the limits determined in this manner that do not exceed 1,000 Turkish Liras will be disregarded.

The monetary limit in effect on the date the case is filed will be taken as the basis for determining cases where a hearing is mandatory, and the limit in effect on the date the final decision is rendered by the court of first instance or the regional administrative court will be taken as the basis for determining decisions subject to appeal or cassation. However, increases in monetary limits occurring after the date of the final decision will not be applied in cases reheard following a reversal decision by the regional administrative court or the Council of State.

NUMBER OF CANDIDATES TO BE CALLED FOR JUDGE AND PROSECUTOR ASSISTANT INTERVIEW IS CHANGING

International law and private international law will be added to the fields covered in the Judge and Prosecutor Assistant Examination. Questions from the field of commercial enterprise and corporate law may also be asked in the Administrative Judiciary Judge Assistant Examination.

A change will be made to the number of candidates to be called for the Judge and Prosecutor Assistant interview. While twice the number of vacant positions are currently called according to existing law, the regulation will result in calling one times the number of announced vacant positions for the interview.

With another amendment to the Law on Judges and Prosecutors, the duties and powers of Justice Inspectors will be determined.

In line with the Constitutional Court's annulment decision, a monthly additional compensation will be paid to the First President of the Court of Cassation, the President of the Council of State, the Chief Public Prosecutor of the Court of Cassation, the Chief Public Prosecutor of the Council of State, the First Deputy Presidents of the Court of Cassation, the Deputy Presidents of the Council of State, the Deputy Chief Public Prosecutor of the Court of Cassation, the heads of chambers of the Court of Cassation and the Council of State, members of the Court of Cassation and the Council of State, the Undersecretary of the Ministry of Justice, first-class judges and prosecutors, judges and prosecutors who have been promoted to the first class, and other judges and prosecutors, in an amount calculated by multiplying the "15,000" indicator figure by the coefficient applied to civil servant salaries.

SALE OF VEHICLES NOT COLLECTED BY THEIR OWNERS FROM IMPOUND LOTS

With the amendment to the Highway Traffic Law, the sales procedure for vehicles held in impound lots due to being found or as required by legal provisions, and which are not collected or claimed by their owners within 6 months, will be redefined. Relevant institutions will be notified that vehicles in this situation are to be sold, regardless of any encumbrances such as non-sale, non-transfer, seizure, precautionary seizure, or liens on their records, and sales procedures will commence. All encumbrances on the vehicles will be considered lifted from the date of sale without the need for any further action, and registration records will be corrected accordingly.

In cases where the chassis or engine serial numbers identifying the vehicle are missing, have fallen off, or have been erased or damaged due to repairs or modifications, these deficiencies will be completed by the institution conducting the sale in accordance with relevant legislation to prepare the vehicle for sale. Encumbrances such as seizures, precautionary seizures, or liens on the vehicle's registration record will continue to apply to the sale proceeds after the sale. Debts such as taxes, fines, or premiums related to the vehicle being sold belong to the previous owner, and ownership will pass to the new owner free of all debts and liabilities.

From the amount paid into the file within the scope of the sale; after the expenses for storage and sale, expenses for identifying and completing the numbers identifying the vehicle, and claims arising from the property itself such as taxes, duties, or fees are paid, if the remaining amount covers the claims of all creditors, it will be distributed to the rightful owners within the framework of the Law on the Procedure for Collection of Public Receivables and the Enforcement and Bankruptcy Law. If there is a remaining balance, this amount will be kept, accrued interest in public banks, and paid to the rightful owners along with the interest if they apply within 5 years from the date of sale. If there is no application within five years, the said funds will be recorded as revenue for the Treasury.

From the amount paid into the file within the scope of the sale; if the remaining amount after paying the expenses for storage and sale, expenses for identifying and completing the numbers identifying the vehicle, and claims arising from the property itself such as taxes, duties, or fees does not cover the claims of all creditors, it will be sent to the relevant institution to prepare a ranking table.

With the proposal, an article will be added to the Expropriation Law. Accordingly, real estate that was actually allocated to public service in accordance with the purpose of expropriation laws without being based on expropriation procedures until October 8, 1956, the date the repealed Expropriation Law No. 6830 entered into force, will be considered expropriated on the date of allocation on behalf of the relevant public institutions and organizations.

The construction of a facility or structure on an immovable property in accordance with the nature and purpose of the public service shall be considered as an actual allocation for the purposes of the implementation of this Law.

For such immovable properties, the registered owners or their heirs, if registered in the land registry; or the possessors or their heirs, if not registered in the land registry, may only claim the current market value of the property at the time of actual allocation, provided that the conditions for acquisition by possession were met as of the date of allocation and that 10 years have not passed since the date of actual allocation, within the period specified by the repealed Law No. 221.

The provisions of this article shall apply to compensation lawsuits concerning immovable properties within the scope of this article that were filed before January 12, 1963, and are currently pending, including those under appellate review.

Claims filed after January 12, 1963, regarding immovable properties deemed expropriated under the first paragraph, including claims for compensation, shall not be accepted. This provision shall also apply to cases filed after January 12, 1963, that are currently pending, including those under appellate review.

In cases filed and pending within the scope of this article, court and enforcement fees, as well as all types of attorney fees, shall be determined as fixed amounts.

Immovable properties deemed expropriated, if registered in the land registry, shall be registered in the name of the relevant administration upon the request of the relevant public institutions and organizations. If immovable properties without land registry records are subject to registration due to the nature of the allocation, a record shall be established in the name of the relevant administration. These transactions shall be exempt from fees.

With the proposal, a regulation will be made in the Turkish Civil Code in line with the Constitutional Court's annulment decision regarding a "woman's surname." According to this change, a woman will take her husband's surname upon marriage. A woman may also use her previous surname before her husband's surname by making a written application to the marriage officer or subsequently to the civil registry office. If a woman's surname consists of her own surname and her previous husband's surname, she may use only one of these surnames before the surname of the husband she is marrying.

The crime of insult via audio, written, or visual communication will be removed from the scope of conciliation and included in the scope of preliminary payment.

With the Draft Law on Amendments to Certain Laws, known publicly as the "9th Judicial Package" and approved by the TBMM Justice Commission, certain regulations will be made in the Turkish Civil Code in line with the annulment decisions of the Constitutional Court.

Accordingly, a husband, mother, or child will be able to refute the presumption of paternity by filing a lawsuit to disavow paternity. This lawsuit will be filed against other persons who have the right to file such a suit.

The mother will be required to file the lawsuit within one year at the latest from the date of birth, and the child from the date they reach the age of majority.

In cases where the husband dies, is declared missing, or permanently loses his mental capacity before the statute of limitations for filing the lawsuit expires, the person claiming to be the father, or the husband's descendants, mother, or father, may file a lawsuit to disavow paternity within one year from the date they learn of the birth and the husband's death, the permanent loss of his mental capacity, or the issuance of a declaration of absence.

For minors lacking the capacity to discern, the names of the adopting spouses will be entered as the mother and father in the civil registry in cases of joint adoption; in cases of individual adoption, the name of the adopter will be entered as the mother or father. This provision will be applied to other adopted persons upon their request.

The proposal adds an article to the Law on the Establishment, Duties, and Powers of Judicial First Instance Courts and Regional Courts of Justice. Accordingly, if the relevant civil chamber to which a file is sent for appellate review does not consider itself authorized in terms of division of labor as a result of a preliminary examination to be conducted within one month, it will send the file to the relevant civil chamber it deems authorized, along with its justification. A referral decision cannot be made regarding a file after the one-month period has expired or once a hearing date has been set.

NEW REGULATIONS ON THE CRIME OF INSULT AND MEDIATION

Regarding the crime of insult, which is subject to complaint for investigation and prosecution, the complaint period shall not exceed two years from the date the act occurred, under any circumstances.

The crime of insult via audio, written, or visual communication will be removed from the scope of conciliation and included in the scope of advance payment.

If the suspect, victim, or the person harmed by the crime does not communicate their decision within 7 days after being offered a conciliation proposal, the proposal will be considered rejected.

If a conciliation is reached, no compensation lawsuit can be filed regarding the crime subject to the investigation, except for damages that could not be determined at the time of conciliation or that arise after the conciliation.

A requirement to be a law graduate will be introduced to become a conciliator. Conciliators will be assigned from lists of conciliators determined by the Ministry of Justice, which will consist of law school graduates.

If a conciliation is reached, the court will decide to dismiss the case if the defendant fulfills their obligation immediately as a result of the conciliation. If the fulfillment of the obligation is deferred to a later date, paid in installments, or is continuous, a stay of proceedings will be issued. The statute of limitations will not run during the stay. If the requirements of the conciliation are not met, the court will continue the trial from where it left off.

The proposal will amend the Child Protection Law. Accordingly, social work officers will be assigned to the Directorates of Judicial Support and Victim Services instead of the courts.

No valuable paper or transaction fees will be charged for transactions related to real estate belonging to the General Directorate of Foundations and established foundations, and no participation share will be paid to public institutions and organizations.

The General Directorate of Foundations will be exempt from judicial fees listed in the Law on Fees. The General Directorate will not be required to provide collateral for any kind of lawsuit or business, such as lawsuits, enforcement proceedings, and temporary legal protection measures. This provision will also apply to all kinds of lawsuits and business, such as lawsuits, enforcement proceedings, and temporary legal protection measures, in which the General Directorate is a party on behalf of the established foundations it administers and represents.

The procedures and principles regarding the leasing of cultural assets belonging to foundations in exchange for restoration or repair will be determined by regulation.

Following the Constitutional Court's annulment of certain Presidential decrees, adjustments will be made to the staffing of the Council of Judges and Prosecutors (HSK) and the Constitutional Court.

The proposal includes adjustments to the monetary limits in the Code of Civil Procedure. Accordingly, monetary limits will be applied by increasing the limits applied in the previous year by the revaluation rate determined and announced annually by the Ministry of Finance, effective from the beginning of each calendar year. Amounts not exceeding one thousand Turkish Liras determined in this manner will be disregarded.

The increase in the monetary limit used as a basis for appeals and cassation due to revaluation will not apply to decisions rendered again following reversal decisions by the regional court of justice or the Court of Cassation; the monetary limits valid at the date of the initial decision will be taken as the basis.

MEDIATION REGULATIONS

According to the amendment envisaged in the Law on Mediation in Civil Disputes, one of the parties to the settlement agreement may request registration from the land registry office after the enforceability annotation is issued. The land registry office will fulfill the registration request without drafting a formal deed after conducting the necessary examinations and evaluations stipulated in the legislation regarding the immovable property.

Furthermore, in the event that mediation activities are terminated because one of the parties fails to attend the first meeting without a valid excuse, the party who did not attend will be noted in the final report, and even if this party is partially or fully successful in the lawsuit, they will be held responsible for half of the litigation costs that the other party is liable to pay. Additionally, half of the attorney's fee determined according to the Minimum Attorney Fee Schedule will be awarded in favor of this party.

Those who have completed mediation training and have 20 years of seniority in their profession will be able to register in the mediation registry without taking a written exam.

APPOINTMENT OF THE SDIF AS TRUSTEE

In cases where a decision is made to appoint a trustee to companies or assets due to the existence of strong suspicion regarding the commission of crimes such as laundering assets derived from crime, armed organization, providing weapons to an armed organization, or financing terrorism, the Savings Deposit Insurance Fund (SDIF) may be appointed as trustee for a period of 5 years from the date the regulation enters into force.

In this instance, the rights and powers granted to the SDIF under the Banking Law regarding trusteeship rights and powers shall be applied by analogy. The general assembly powers of the companies shall be exercised by the SDIF without being subject to the provisions of the Turkish Commercial Code. These companies or assets shall be managed under the supervision of the SDIF by managers appointed by the SDIF, in accordance with commercial customs and as a prudent merchant.

The SDIF may decide to partially or fully sell, dissolve, or liquidate the company, its assets, or property values due to the financial situation, partnership structure, market conditions, or other problems of these companies or assets. Sales and liquidation procedures shall be carried out by the relevant company's board of directors/managers, property values, trustee representatives, or the SDIF.

In sales and liquidation procedures, the consent of minority shareholders shall not be sought. After the debts of the company or assets are paid from the proceeds of the sale, the remaining amount may be used in the business of the company or assets.

The amount remaining after the debts are paid at the end of the dissolution and liquidation procedures shall be accrued in an account opened until the judicial proceedings are concluded with a final judgment. The liquidation commission appointed by the SDIF Board to carry out the liquidation procedures of the companies shall have the capacity to be a party in judicial proceedings or lawsuits.

Companies whose trusteeship duties are carried out by the SDIF shall be exempt from fees in the lawsuits they file. Seizure and injunction orders issued in accordance with Article 128 of the Criminal Procedure Code regarding companies, real estate, rights, assets, and receivables for which the SDIF has been appointed as trustee shall be automatically lifted upon the transfer of trustee authority to the SDIF.

Article 127 of the Banking Law shall apply to those appointed or assigned to manage and represent the companies or assets for which the SDIF has been appointed as trustee, or those authorized to represent by the appointees, as well as to the transactions carried out within this scope.

Lawsuits filed against the decisions and actions of the TMSF within the scope of its trusteeship duties will be heard in the administrative courts where the Fund's headquarters is located.

Commission Chairman and AKP İstanbul Deputy Cüneyt Yüksel stated in his remarks following the approval of the bill that the deliberations lasted approximately 20 hours.

Expressing that the committee process for the bill was productive and successful, Yüksel announced that the AKP Group would conduct the necessary impact analyses with the relevant ministries and other stakeholders regarding the provisions subject to disagreement within the committee.

Yüksel expressed his belief that the bill would be approved in the General Assembly with the support of deputies from both the ruling and opposition parties.