Will the Ministry no longer be able to request information from companies in industrial zones?

It can, but the limits of this request, the purpose for which it will be made, and the safeguards for the protection of commercial secrets must be clearly determined by law. The era of open-ended requests for 'all kinds of documents' is closed.

Did existing additional incentives immediately get cancelled with this decision?

No. A period of 9 months was granted for the entry into force of the decision. During this period, the legislature must make a new legal regulation that complies with the Constitution and has defined limits.

What did the dissenting members argue?

Dissenting members argued that industrial zones are of critical importance to the national economy and that granting these authorities to the administration for effective audit and rapid incentive mechanisms should be considered within constitutional limits.

CONSTITUTIONAL COURT RULINGS16 June 2026

Constitutional Court Annuls a Presidential Power

Official titleDecision of the Constitutional Court Dated 26/3/2026 and Numbered E: 2025/5, K: 2026/68

The Constitutional Court annulled the provision in the Industrial Zones Law granting open-ended authority to the President to determine additional incentives, as well as the regulation stipulating the request of unlimited information and documents from companies, on the grounds that they are unconstitutional.

Details of the Regulation

The decision examines two critical articles of Law No. 7419 on Amendments to the Industrial Zones Law. First, the phrase in Article 5 of the Law, which allows for the determination of additional incentives by the President for investments in industrial zones, was addressed. The Court decided to annul the provision upon determining that the limits, conditions, and scope of this authority were not clearly outlined by law, which violates the principles of the rule of law and legal certainty.

Second, Article 10 of the Law obliged managing companies to submit 'all kinds of documents and information' regarding their activities upon the Ministry's request and stipulated the imposition of administrative fines in case of non-compliance. Emphasizing that this regulation creates an unrestricted authority to request data and leaves the property rights, commercial secrets, and the right to request protection of personal data of legal entities without safeguards, the Constitutional Court issued an annulment decision due to non-compliance with Articles 13, 20, and 35 of the Constitution.

In order to prevent the legal vacuum that would arise upon the entry into force of the annulment provisions from violating the public interest, the Court ruled that the annulment decisions shall enter into force 9 months after their publication in the Official Gazette.

REGAS Commentary

This decision forms a major legal shield, particularly for industrialists operating in industrial zones and managing companies. Restricting the administration's open-ended authority to request 'all kinds of' information will ensure the protection of commercial secrets and customer data against arbitrary audits. Furthermore, by introducing the obligation to set clear frameworks by law instead of directly delegating authority to the President in the incentive system, a more predictable legal ground was aimed for investors.

Questions You Might Have

Will the Ministry no longer be able to request information from companies in industrial zones?: It can, but the limits of this request, the purpose for which it will be made, and the safeguards for the protection of commercial secrets must be clearly determined by law. The era of open-ended requests for 'all kinds of documents' is closed.
Did existing additional incentives immediately get cancelled with this decision?: No. A period of 9 months was granted for the entry into force of the decision. During this period, the legislature must make a new legal regulation that complies with the Constitution and has defined limits.
What did the dissenting members argue?: Dissenting members argued that industrial zones are of critical importance to the national economy and that granting these authorities to the administration for effective audit and rapid incentive mechanisms should be considered within constitutional limits.

Key Terms

Belirlilik İlkesi: The necessity that legal regulations define the rights and obligations of individuals and the administration clearly, concisely, and predictably without leaving room for any doubt.
Yürürlüğün Durdurulması: The request for temporary suspension of the implementation of a law alleged to be unconstitutional until the final decision is rendered, in order to prevent irreparable damage.
Mülkiyet Hakkı: The constitutional right protecting the authority of individuals or institutions to freely dispose of their movable, immovable, or intellectual property assets with financial value.

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