Official Gazette / August 4-10, 2025

Throughout the week, the Constitutional Court issued rulings published in the Official Gazette:

-It ruled that phone conversations with unknown content and HTS (Historical Traffic Search) data cannot be considered strong suspicion of a crime on their own, meaning that arrests cannot be made and adverse judgments cannot be rendered using only digital data. (Application No. 2023/102251, dated 25.02.2025)

-It ruled that the sharing of examination data by a healthcare institution without the patient's explicit consent violates the right to privacy, meaning that hospitals cannot share data with insurance companies or any 3rd parties, including family members, without obtaining explicit and separate consent from the patient regarding the treatment. (Application No. 2020/15944, dated 20/03/2025)

-It ruled that the actual seizure of real estate by the administration without paying the expropriation fee violates the right to property, meaning that municipalities or public institutions placing liens on properties or designating areas open for development as green spaces/parks through zoning changes, thereby effectively seizing the property without paying any compensation, will give rise to compensation claims. (Application No. 2020/9066, dated 21/11/2024)

-It ruled that the trade union rights of a worker who could not benefit from collective bargaining agreement provisions due to a collusive relationship between the subcontractor and the main employer were violated, meaning that the registration of a worker between a subcontractor and a main employer is an internal matter between the employers, and the worker's right to exercise trade union rights takes precedence. (Application No. 2025/44255, dated 15/05/2025)

-It ruled that the failure of courts to remedy damages resulting from medical intervention in a complete and timely manner constitutes a violation of the right to an effective remedy, and that long-running and/or incorrectly calculated compensation proceedings will also be considered a violation of the right to an effective remedy. (Application No. 2020/20382, dated 09/01/2025)

-It ruled that in social media defamation cases against public figures/politicians, issuing a direct sentence without evaluating the public identity of the targeted person and their threshold for enduring criticism violates freedom of expression, meaning that the criticism thresholds for public figures (social media influencers, politicians, sports referees, and any other recognizable individuals) should be accepted as broader, and their personal rights should not be interpreted as strictly and narrowly as those of ordinary citizens. (Application No. 2022/62422, dated 15/05/2025)

The Constitutional Court amended its own internal regulations to expand and facilitate the scope of interim injunctions. Now, injunctions can be issued in cases of serious threat/danger to any fundamental right. Commissions will immediately conduct a preliminary review regarding the existence of a serious danger. The effective implementation of this version of the regulation could enable the Constitutional Court to intervene effectively in rights violations. Furthermore, although not applied in some political decisions, in accordance with Article 153/last paragraph of our Constitution, Constitutional Court decisions bind the legislative, executive, and judicial organs, administrative authorities, and natural and legal persons.

The Ministry of Treasury and Finance and the Ministry of Environment, Urbanization and Climate Change published the building square meter normal construction cost values to be applied in 2026 for property tax purposes via the General Communiqué on Property Tax Law (Series No: 87). Square meter unit values are determined by appraisal commissions every four years as required by law. Property taxes are calculated based on these determined values. It had been observed in recent days that the current valuations contained exorbitant increases beyond expectations. It is seen that the same high increases were applied in this communiqué.

The Ministry of Trade published the Regulation on Direct Sales. Until now, direct sales were regulated by the Regulation on Contracts Concluded Outside the Workplace. The provisions of this regulation regarding direct sales have been repealed. From now on, companies that will engage in direct sales will be required to be limited or joint-stock companies with a paid-in capital of at least 10 million TL, have a blocked collateral of 3 million TL in a bank, and obtain an authorization certificate from the Ministry of Trade. In addition, the withdrawal period will be increased from 14 days to 30 days, and consumers will be able to withdraw from the contract within 30 days without providing a reason. In this case, the paid fees must be refunded to the consumer within 30 days without incurring additional costs. If there is a deficiency in the information provided, the withdrawal period may be extended up to 1 year in favor of the consumer. Direct sellers will also be able to leave the system at any time without a reason and receive a refund within 30 days by returning unused products. Furthermore, as of January 1, 2026, direct sales companies will be able to allocate at most half of their annual net sales revenue to benefits provided to direct sellers, and income obtained from those newly joining the system cannot exceed 30% of the total benefits. Existing companies have until January 30, 2026, to comply with the regulation.

With Presidential Decree No. 10182, the Regulation on Small and Medium-Sized Enterprises was amended. The requirement for annual net sales revenue or financial balance sheet to be five hundred million TL in the definitions of SME and medium-sized enterprises was increased to one billion TL.