Historic Decision from the Constitutional Court: Depreciation of Money is a Violation of Rights
Official titleDecision of the Constitutional Court Dated 3/12/2025 and Application No. 2020/22992
The Constitutional Court unanimously decided that the applicant's right to property was violated as a result of late payment of compensation for de facto expropriation and its loss of value due to inflation.
Details of the Regulation
The applicant filed a lawsuit for compensation following the de facto expropriation by İzmir Büyükşehir Belediyesi of his immovable property located in the Gaziemir district of İzmir, which was designated as a municipal service area in the zoning plan. The amount of compensation awarded by the local court was determined and finalized as a result of various expert reports and Yargıtay reversal decisions. The applicant lodged an individual application, claiming that the compensation was set too low and suffered a loss of value due to inflation during the lengthy trial process. The Constitutional Court found the claims regarding the low calculation of the per square meter value of the immovable property inadmissible for being manifestly ill-founded. However, it ruled that the right to property guaranteed under Article 35 of the Constitution was violated because the compensation lost value by eroding against inflation, imposing an excessive personal burden on the applicant. In order to eliminate the consequences of the violation, the Court sent a copy of the decision to İzmir 9. Asliye Hukuk Mahkemesi for a retrial.
Questions You Might Have
- Why was the claim that the compensation was calculated too low rejected?
- The Constitutional Court stated that it cannot interfere with the authority of the courts of instance to evaluate evidence and interpret expert reports unless there is manifest arbitrariness.
- Can everyone who experiences a loss of value due to inflation benefit from this decision?
- Yes, in cases of expropriation or de facto expropriation, this decision sets a precedent if payments are made late and the money loses value.
Key Terms
- Kamulaştırmasız el atma
- It is the administration's physical or legal seizure of a privately owned immovable property without carrying out a lawful expropriation procedure.
- Mülkiyet hakkı
- It is the constitutional right that guarantees an individual's right to use, enjoy, and dispose of a property or asset.
- Yeniden yargılama
- It is the process of re-examining a case from the beginning in order to eliminate a detected violation of rights in a finalized court decision.
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REGAS Commentary
This decision establishes that the compensation owed to citizens in expropriation or de facto expropriation cases must be protected against inflation. In cases where their money loses value as a result of lengthy lawsuits, citizens can seek remedies claiming a violation of rights and request a retrial.