Enforcement shock for retired Council of State member who filed lawsuit against additional MTV

Retired Council of State member Tacettin Şimşek, who filed a lawsuit against the additional Motor Vehicle Tax (MTV) introduced in 2023 on the grounds of earthquake-related expenditures, unexpectedly found himself facing enforcement proceedings. Şimşek had filed a lawsuit in the Ankara Administrative Court, arguing that the additional MTV was unconstitutional.

According to the report by Erdoğan Süzer from Sözcü, after the court rejected the case, it caused surprise that the Ministry of Treasury and Finance initiated enforcement proceedings against Tacettin Şimşek without providing any notification. Şimşek's lawyer, Ali Erdem Gündoğan, stated that this enforcement action was unlawful and expressed that it was intended to intimidate citizens who might file similar lawsuits. Opposition parties had also objected to the additional MTV application, but the Constitutional Court had rejected this application.

TOOK IT TO THE ECHR

Şimşek's case was rejected first by the administrative court and then by the appellate court, and Şimşek took the case to the European Court of Human Rights (ECHR). While awaiting the ECHR's decision, it drew attention that the Ministry of Treasury and Finance initiated enforcement proceedings without prior notification.

Lawyer Gündoğan stated that the enforcement proceedings should be withdrawn and that they should be notified as to where the attorney's fee should be paid. Gündoğan said, "This enforcement action shows that the Ministry of Treasury and Finance is trying to intimidate those who will file lawsuits in an unlawful manner."

"HE IS BEING PUNISHED FOR FILING THE LAWSUIT"

Evaluating the enforcement decision, lawyer Ali Erdem Gündoğan said, "If Şimşek had won the case, he would not have been able to directly initiate enforcement against the Treasury; he would have first had to apply to the administration with an account number and a petition. The same rule applies to the Treasury. Therefore, the action taken is contrary to administrative law. Tacettin Şimşek is being punished for filing this lawsuit."