New ruling regarding KKM regulation

The Constitutional Court has annulled the regulation that allowed for the transfer of funds from the budget to KKM accounts under Law No. 7351. This decision will take effect in 9 months. Upon the application of the CHP, the Court also annulled various other provisions of the law.

Among the annulled regulations is the first paragraph of provisional Article 35, which provided for the provision of cash resources to the Central Bank to be transferred to Turkish Lira time deposit and participation accounts, and the addition of appropriations to the Ministry of Finance budget for this purpose. This regulation granted the Minister of Finance the authority to transfer funds from the budget.

CRITICISM OF DELEGATING BUDGETARY AUTHORITY

The Court stated that this authority granted to the Minister of Finance meant the delegation of the legislative body's authority over the budget, and that this situation was contrary to budgetary principles.

Furthermore, it was stated that although the regulation aimed to ensure financial stability, it granted the President very broad discretionary power. It was emphasized that this situation was contrary to the principle of the non-delegability of legislative power.

NEW REGULATION IN DEBT CASES

The Constitutional Court also annulled the provision that kept debt amounts fixed while increasing the limits for appeals and cassation in monetary and property debt cases in line with the revaluation rate.

According to the Enforcement and Bankruptcy Law, appeal and cassation paths were open for debts above certain amounts, but these amounts were intended to remain fixed. Upon the application of the Bursa 4th Enforcement Court, it was decided to annul these provisions as well. This annulment decision will also take effect in 9 months.