CONSTITUTIONAL DECISION ON THE ANNULMENT OF AN ARTICLE OF ATTORNEYSHIP LAW NO. 1136

In the lawsuit filed with the request for the cancellation of the procedure for the rejection of the internship application of the plaintiff working as a teacher, it was claimed that the rule subject to objection was contrary to the Constitution.The article subject to the decision, the conditions to be sought for the internship are regulated in Article 16. According to the second paragraph of the Article, "Provided that it does not actually hinder the internship, working as an insured employee in any job does not prevent the lawyer internship. Except for judicial and administrative judiciary judges, prosecutor candidates, judges and prosecutors; those who work in the staff or positions of public institutions and organizations can also do lawyer internship during their duties. The relevant units provide the necessary convenience for the internship. The procedures and principles regarding this paragraph shall be regulated in the regulation issued by the Ministry of Justice."

According to the Attorneyship Law No. 1136, in order to be admitted to the profession of lawyer, it is necessary to be a citizen of the Republic of Turkey, to graduate from one of the Turkish law faculties or to graduate from the law faculty of a foreign country and to have passed a successful exam from the missing courses according to the programs of the law faculties of Turkey, to have received an internship completion certificate by completing the attorneyship internship, to have a residence in the bar area to be written on the plaque and not to be an obstacle to attorneyship according to this Law. 

According to Article 5 of the Law, the request for admission to the profession of lawyer is rejected by those who are engaged in a job that does not merge with the profession of lawyer. Jobs that do not combine with the profession of lawyer are those that are incompatible with any service and duty, insurance production, merchant and tradesman or honor of the profession in return for payments such as monthly, wage, daily or intermittent payments.

In Article 3 of the Law, which has been requested to be annulled, it is regulated that those who are citizens of the Republic of Turkey, graduated from one of the Turkish law faculties or graduated from the law faculty of a foreign country and have passed a successful exam among the courses that are incomplete according to the programs of the law faculties of Turkey and do not have any obstacles in the entrance exam to the Legal Professions can apply to the bar association where they will do their internship with a petition.

The rule in question stipulates that the procedures and principles regarding the possibility of practicing as a lawyer during the duties of those working in the staff or positions of public institutions and organizations shall be determined by the regulation to be issued by the Ministry of Justice. It has been decided that the power of the Ministry of Justice to issue regulations binding on units that are not under its own hierarchy is contrary to Articles 123 and 124 of the Constitution.

Accordingly, Article 123 of the Constitution states that, "The administration is a whole with its organization and duties and is regulated by law. The institutions and duties of the administration are based on the principles of "central administration" and "local administration". Public legal personality is established by law or by Presidential decree. " According to Article 124 of the Constitution, "The Prime Ministry, ministries and public legal entities may issue regulations in order to ensure the implementation of laws and regulations related to their fields of duty and provided that they are not contrary to them.".

The decision of the Constitutional Court is related to the reflection of the administration's excess of governing authority on the Attorneyship Law. While the sentence of the second paragraph of the Attorneyship Law No. 1136, "...those who work in the staff and positions of public institutions and organizations can also act as lawyers during their duties." was not canceled, it was decided to cancel the third and fourth sentences by considering them contrary to the Constitution. In the decision, it is stipulated that it is not clear who or which institutions will provide the convenience specified in the second paragraph of the relevant article and the regulation to be issued by the Ministry of Justice is contrary to the Constitution.

Decided that the decision published in the Official Gazette dated 04.04.2024 and numbered 2024/32510 shall enter into force after nine months.

 

ADMINISTRATIVE FINE FROM THE COMPETITION BOARD TO THE DETERGENT BRAND DUE TO VIOLATION OF ARTICLE 4

Regarding the known detergent company, in order to determine whether the buyers violated Article 4 by determining the resale price, an investigation was initiated on 24.01.2024.

Law on the Protection of Competition no.4054 Prohibits inter-enterprise agreements, concerted actions and such actions and decisions of associations of undertakings, which directly or indirectly have the purpose of preventing, distorting or restricting competition in a particular goods or services market, or which cause or may cause this effect.

The practices of determining the resale price are considered as a violation within the scope of Article 4 of the Law No. 4054, even if they do not have a restrictive effect on competition because they have the nature of an agreement that restricts competition in terms of purpose.

As a result of the investigation, by determining the resale price of the detergent brand, It has been observed that it violates the article. Due to the termination of the investigation by conciliation procedure, an administrative fine of 4,635,094.32 TL was imposed on the detergent company by applying a 25% discount on the administrative fine.

2024-16 PRESS RELEASE ON INCREASING FAST SYSTEM TRANSACTION AMOUNT LIMIT 

The new generation instant payment system FAST (Instant and Continuous Transfer of Funds), which was launched on January 8, 2021, allows payments to be made safely, quickly and easily at any time of the day. 

As planned and announced to FAST participants in December 2023, considering the dynamic requirements of the ecosystem of interest and payments shown by users to the fast system, as of April 4th, 2024, FAST transaction amount limits will be increased from TL 50,000 to TL 100,000 in money transfers and from TL 100,000 to TL 250,000 in dynamic verified workplace payments to be made using FAST-TR QR code.

 

PRESIDENTIAL CIRCULAR ON ZERO WASTE

With the "Zero Waste Project" implemented in our country in 2017, it is aimed to support the efficient use of resources with sustainable production and consumption habits, to avoid waste, to prevent, reduce, reuse and promote recycling of waste.

The draft resolution titled "Promoting zero waste initiatives to advance the 2030 Agenda for Sustainable Development" submitted by our country to the United Nations (UN) General Assembly within the scope of combating climate change and sustainable development plans was adopted on 14.12.2022 and 30 March was declared "International Zero Waste Day".

With the circular, the zero waste management system to be established in buildings and settlements and local administrations must be established in accordance with the Zero Waste Regulation and other relevant legislation. It is envisaged that administrative sanctions will be imposed on those who do not establish this system and do not fulfill their obligations in accordance with the provisions of the relevant legislation.

In addition, within the framework of the procedures and principles to be determined by the Ministry of Environment, Urbanization and Climate Change, activities will be organized with the relevant public institutions and organizations within the scope of 30 March International Zero Waste Day, and these activities can only be carried out under the auspices of the Presidency.

The circular was published in the Official Gazette dated 02.04.2024 and numbered 2024/32508.