Critical Annulment Decisions from the AYM
Official titleDecision of the Constitutional Court Dated 26/3/2026 and Numbered E: 2025/18, K: 2026/66
The Constitutional Court annulled the authority to determine holiday days under the Notary Law by regulation and the provision under the CMK that deems service of process upon defense counsel sufficient when the defendant cannot be reached.
Details of the Regulation
Upon the application of CHP deputies, the Constitutional Court (AYM) reviewed various provisions of Law No. 7532 dated 14/11/2024 on Amending the Notary Law and Certain Laws. As a result of the review, the court unanimously annulled the delegation of notary holiday days and working hours directly to a regulation without drawing a legal framework, finding it contrary to the "right to rest" guaranteed under Article 50 of the Constitution and to the principles of constitutional restriction.
Furthermore, by a majority vote, it annulled the rule added to Article 226 of the Code of Criminal Procedure (CMK), which accepted notification to defense counsel as sufficient when service of process could not be made to the defendant's last address, leading to the trial being concluded in absentia, on the grounds that it disproportionately restricted the right of defense. To prevent any legal vacuum resulting from these two critical annulment decisions, the effective date of the annulment provisions was postponed to 9 months after their publication in the Official Gazette.
On the other hand, the annulment requests against the rules allowing trainee lawyers to work in public institutions provided it does not disrupt their internship, as well as restrictions imposed on educational rights in penal institutions due to capacity and security reasons, were rejected as they were found to comply with the Constitution.
Questions You Might Have
- Why was deeming service of process upon defense counsel sufficient when the defendant cannot be reached annulled?
- A defendant's personal awareness of the trial and the right to defend oneself are the foundations of a fair trial. The disproportionate restriction of this right by rendering a verdict in absentia was considered a constitutional violation.
- Why was regulating notary holidays by regulation prohibited?
- Restrictions concerning fundamental rights, such as the right to rest, must have their limits outlined by law; delegating this authority entirely to an administrative regulation violates the principle of the non-delegability of legislative power.
- What does Kenan Yaşar's dissenting opinion relate to?
- Member Kenan Yaşar argued that due to the severity of the rights violation in the CMK service provision, the annulment decision should take effect immediately rather than being postponed for 9 months.
Key Terms
- Müdafi
- In criminal proceedings, the lawyer undertaking the defense of a suspect or defendant.
- Dinlenme Hakkı
- The constitutional right regulated under Article 50 of the Constitution, which guarantees working individuals' weekend rest and paid annual leave rights.
- Belirlilik İlkesi
- The requirement that legal rules be predictable, clear, and understandable to their addressees.
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REGAS Commentary
This decision prevents defendants in criminal cases from being convicted and having their right of defense restricted without being aware of the process, solely through service of process made to their attorneys. As for notary public offices, it was confirmed that working hours cannot be altered through arbitrary regulations and that holiday rights are under statutory protection. Since the decision will enter into force after 9 months, the legislature will need to enact a new law with clearly defined constitutional boundaries within this period.