Attention to Those Filing a Lawsuit: 40 Percent Compensation Decision Annulled
Official titleDecision of the Constitutional Court Dated 11/2/2026 and Application Numbered 2022/85303
The Constitutional Court evaluated the court's increase of the execution denial compensation rate from 20% to 40% through 'clarification' (explanation/correction) during the enforcement proceedings process as a violation of the right to a reasoned decision.
Details of the Regulation
The applicant, Serpil Yeşil Uğur, filed an individual application against the court's procedural-violating increase to 40%, upon a 'clarification petition', of the execution denial compensation initially ruled as 20% in the lawsuit for the annulment of objection to enforcement proceedings she had filed. The Constitutional Court held that the 'right to a reasoned decision' within the scope of the right to a fair trial was violated, stating that the court did not hear the relevant parties while carrying out this procedure and did not place the reasoning for this amendment on a sufficient and legal ground.
The Court emphasized that the clarification procedure may be used for correcting clerical errors, but that a substantial amendment, as in this dispute, was made contrary to legal procedures. In this framework, it was decided that the file be sent to the relevant court for a retrial to be conducted. On the other hand, the allegation of trial within a reasonable time was found inadmissible due to the non-exhaustion of application remedies.
Consequently, the AYM ruled that a retrial process be initiated to eliminate the consequences of the violation and that litigation expenses be paid to the applicant.
Questions You Might Have
- Why did the court increase the compensation rate on its own from 20% to 40%?
- The plaintiff party submitted a 'clarification petition' based on Article 304 of the Code of Civil Procedure No. 6100, and using this article, the court increased the rate on the grounds that a clerical error had been made.
- What does this decision change for me?
- If, in an ongoing lawsuit process, the court changes a situation to your detriment via a petition or an unlawful method without your knowledge and defense, this may fall within the scope of a 'violation of the right to a reasoned decision' before the AYM.
Key Terms
- Tavzih
- The procedure of subsequent explanation or correction of clerical errors by the court that rendered the decision regarding the incomprehensible or omitted parts of a court decision.
- Gerekçeli Karar Hakkı
- It is the obligation of courts to explicitly state upon which statutory and logical grounds they have rendered their decisions.
- İcra İnkar Tazminatı
- The type of compensation won by the creditor against the debtor who unjustly objects to enforcement proceedings, due to the delayed collection of the claim.
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REGAS Commentary
This decision serves as a reminder that courts cannot use the institution of 'clarification' to actually establish a new judgment or to substantially alter the decision rendered. For citizens, this means the protection of court decisions against arbitrary or unlawful corrections. The Court's remittance of the file to the local court for a retrial functions as an important oversight mechanism regarding the rectification of procedural errors.