Legal Bulletin
Turkey Legal News — 13 July 2026: AYM Notary Ruling and Bars
Published 13 July 2026·12 min read
The week of 13 July 2026 brought significant developments across Turkish law. The Constitutional Court (AYM) struck down Article 148 of the Notary Law and ruled that evidence gathered during an undercover police operation without a prosecutor's authorisation violated the right to a fair trial. Meanwhile, 25 bar associations issued a joint statement warning that proposed family-law amendments in the 12th Judicial Reform Package undermine women's rights, and SEDDK raised maximum premiums for compulsory traffic insurance.
Bar Association News
TBB Chief: Defence Rights in İBB Trial Breach Turkish Constitution and ECHR
Turkish Bar Association (TBB) President Erinç Sağkan visited Ekrem İmamoğlu at Silivri Prison and subsequently issued a formal legal assessment. Sağkan stated that practices observed in the latest hearings of the İBB case that effectively constrained the right to defence were inconsistent with Article 36 of the Turkish Constitution (right to seek justice) and Article 6 of the European Convention on Human Rights (right to a fair trial).
This assessment carries weight beyond its political context: in any future application to the European Court of Human Rights, a formal statement from the national bar president documenting procedural shortcomings can serve as evidence. Under settled ECtHR jurisprudence, the right to a fair trial encompasses the entirety of proceedings, not merely the content of the final judgment.
TBB Issues Guidance Note on the Asset Amnesty Regime
TBB published an official guidance note on Turkey's Asset Amnesty (Varlık Barışı) scheme — a mechanism that allows undisclosed domestic or foreign-held assets to be brought into the formal economy in exchange for a reduced tax burden. Similar schemes have been enacted several times under the Income Tax Law.
The note provides a practical reference for tax lawyers and their clients on scope, timelines and available exemptions. Given the complexity of the scheme and the liability risks of improper declaration, the TBB's consolidated guidance fills a meaningful gap for practitioners advising individuals and businesses on wealth planning and tax compliance.
TBB Publishes IBA Principle Decision on Child Marriages
TBB released a Turkish translation of the International Bar Association (IBA) principle decision calling for the elimination of child marriages. Under Article 124 of the Turkish Civil Code, minors may marry only with judicial approval — a provision that has long been criticised for falling short of UNCRC and CEDAW standards to which Turkey is a party.
The IBA decision does not alter domestic Turkish law directly, but establishes an authoritative international professional benchmark. Family law practitioners, in particular those handling cross-border custody or child protection matters, may reference this decision when arguing for interpretations aligned with international human rights standards.
TBB Announces Annulment of Bar Professional Rules Article 39
TBB issued an announcement regarding a court ruling annulling Article 39 of the Bar Professional Rules, which had set boundaries on professional independence and attorneys' scope of practice. The annulment creates a gap in the codified ethical framework governing the profession.
While the statutory provisions of the Attorneys' Law remain in force, the missing ethical rule may affect disciplinary proceedings and professional conduct disputes until TBB issues a replacement. Lawyers and bar associations should monitor TBB's response and any regulatory action that follows.
25 Bar Associations Issue Joint Statement Against Judicial Package Family Law Changes
A workshop hosted by the Istanbul Bar Association Women's Rights Centre examined the proposed family-law amendments bundled into the 12th Judicial Reform Package. The event concluded with a joint statement signed by 25 bar associations identifying four categories of concern:
- Acquired rights: Risk of eroding hard-won statutory and case-law protections for women
- Gender inequality: Potential to tilt divorce and custody outcomes unfavourably for women
- Rule of law: Absence of adequate public consultation before amending settled legal frameworks
- Human rights: Weakening of protective mechanisms for domestic-violence victims
The statement is particularly significant because it targets legislation still in the drafting phase, giving courts, civil society and international observers an early record of professional objection. Lawyers active in family law should track the package's parliamentary progress closely.
SEDDK Raises Maximum Compulsory Traffic Insurance Premiums
SEDDK (the Insurance and Private Pension Regulation and Supervision Agency) announced new upper limits on premiums for compulsory traffic insurance, the policy every vehicle owner in Turkey must hold under the Highway Traffic Law (No. 2918).
Higher maximum premiums can have downstream effects beyond the cost to vehicle owners: in traffic accident litigation, the adequacy of insurance coverage and indemnification caps may be revisited. Lawyers practising in personal injury, traffic accident compensation and insurance law should review the updated premium schedule and assess its interaction with existing policy terms.
KİK Launches EKAP e-Quotation Pilot for Direct Procurement
The Public Procurement Authority (KİK) announced a pilot programme allowing contracting authorities to request e-quotations, publish purchase notices and invite suppliers directly through EKAP (Electronic Public Procurement Platform) for procurements made under the direct procurement method of the Public Procurement Law (No. 4734).
Direct procurement is the flexible route used for lower-value purchases, but it has historically been prone to procedural disputes. The digitalisation of the process increases transparency and creates a formal audit trail — both of which reshape the terrain for procurement law challenges. Lawyers advising on public contracting or handling KİK complaints should familiarise themselves with the new platform workflow.
Official Gazette
Decision No. 11516: MEB Administrators Who Were Teachers Receive Higher Special Service Allowance
Presidential Decision No. 11516 amended the decree on pay supplements for civil servants. Under the change, provincial and district education directors, deputy directors and branch managers at the Ministry of National Education (MEB) who previously held teaching posts will now receive an additional special service allowance. Those with 20 or more years of total service receive an allowance rate of 50; those with at least 10 years receive a rate of 25.
The amendment closes a long-standing gap in compensation for educators who moved into administrative roles. It may also give rise to back-pay disputes where similar posts were not compensated under earlier rules, making this a potential source of administrative litigation.
Decision No. 11517: Teaching-Hour Requirements for School Principals Revised
Presidential Decision No. 11517 updated the decree governing teaching and supplementary teaching hours for MEB administrators and teachers. Principals at Anatolian high schools, science high schools, vocational-technical schools and pre-schools are now required to teach 25 hours per week; deputy head-teachers are set at 25 hours and assistant principals at 20 hours.
Teaching-hour requirements directly affect supplementary pay calculations, and disputes over excess hours are a recurring area of administrative litigation. The updated schedule will serve as the benchmark in any future claims regarding overtime teaching compensation.
Decision No. 11515: Pufferfish (Lagocephalus sceleratus) Catch Support Updated to TRY 35 Per Fish
Presidential Decision No. 11515 revised the support scheme for pufferfish fishing. Under the updated rate, fishermen who catch the invasive species Lagocephalus sceleratus will receive TRY 35 per fish for catches of up to 100,000 units. The scheme is designed to reduce pufferfish populations in Turkish coastal waters, where the species poses ecological and public-health risks.
Administrative lawyers and fisheries-sector practitioners should note that any disputes over eligibility or payment verification under this scheme will be handled through administrative courts applying the standard public subsidy framework.
Decision No. 11514: Batman Airport Designated Permanent International Air Border Gate
Presidential Decision No. 11514 formally designated Batman Airport as a permanent international air border gate open to international arrivals and departures under presidential decree authority. The designation grants the airport the legal status required to operate Customs and passport control, enabling direct international flights.
The permanent international gate status carries implications in customs law, aviation law and cargo transit rights. Operators, freight forwarders and passengers involved in cross-border transactions routed through Batman will now be subject to a distinct set of procedural and compliance requirements.
Constitutional Court and Court of Cassation Rulings
AYM Strikes Down Article 148 of the Notary Law (Law No. 1512)
The Constitutional Court annulled Article 148 of the Notary Law (No. 1512). The Notary Law governs notary districts, fee schedules, objection procedures and disciplinary processes for one of Turkey's most frequently used legal formality channels — covering contracts, powers of attorney, wills and property transactions.
The full implications of the ruling will become clear once the reasoned decision and any deferred entry-into-force arrangement are published in the Official Gazette. Where AYM allows the legislature time to fill the gap, the existing provision continues to apply temporarily; where the annulment takes immediate effect, legal uncertainty may arise in pending notarial transactions. Notaries, lawyers and clients with ongoing matters touching Article 148 should watch for the reasoned judgment.
AYM: Undercover "Client" Operation Without Prosecutor's Order Violates Fair Trial Rights
The Constitutional Court upheld an individual application by a person convicted of facilitating prostitution, finding a violation of the right to a fair trial. The decisive factor was that the evidence had been obtained by police officers who posed as customers during a covert operation conducted without a prosecutor's written order.
Legal context: Article 139 of the Code of Criminal Procedure (CMK) requires a written decision by the public prosecutor before an undercover investigator may be deployed. Evidence gathered in breach of this requirement constitutes unlawfully obtained evidence that may not be used in proceedings under CMK Article 206(2)(a). AYM framed the violation through ECHR Article 6, which Turkey is bound to apply domestically.
Who is affected: Defence lawyers handling cases built on covert surveillance, undercover buys or similar operations — particularly in drug, gambling and sexual-offence prosecutions — should examine whether the authorisation chain for the undercover deployment meets CMK requirements and raise exclusion arguments where it does not.
AYM: Four-Year TV Ban on "Dangerous Detainee" Breaches Presumption of Innocence
The Constitutional Court found that a detainee held in an F-type prison under "dangerous detainee" classification — whose access to radio and television had been restricted for approximately four years before any conviction — had suffered violations of the right to respect for private life (Constitution Art. 20; ECHR Art. 8) and the presumption of innocence (Constitution Art. 38/4; ECHR Art. 6§2).
Legal context: The presumption of innocence prohibits treating an unconvicted person as guilty. AYM held that a four-year blanket media ban imposed on the basis of an administrative "dangerous" label functioned as a form of punishment before any finding of guilt, directly contradicting constitutional guarantees that apply throughout pre-conviction detention.
Practical importance: Prison law practitioners have a confirmed AYM pathway to challenge disproportionate restrictions on detainees' informational rights. The ruling reinforces that classification-based restrictions must be individually justified and time-limited.
Court of Cassation (HGK): Silence on Expert Report Does Not Create Procedural Estoppel
The Court of Cassation Grand Chamber (E. 2026/10-129, K. 2026/299, 06.05.2026) clarified an important procedural rule: a party's failure to object to an expert report does not mean the party has accepted it, and the opposing side cannot invoke that silence as creating procedural estoppel (usuli kazanılmış hak).
Legal context: Under Civil Procedure Law Article 281, parties may challenge an expert report within two weeks of service. The Grand Chamber confirmed that allowing this deadline to pass does not constitute a binding admission or concession that can be weaponised against the silent party in later procedural arguments.
Practical importance: In construction, personal injury and professional negligence litigation — where expert evidence is central — practitioners now have clear authority that late challenges to flawed expert reports are not automatically barred by earlier inaction.
Court of Cassation 4th Civil Chamber: Filing Multiple Claims After Learning True Loss Is an Abuse of Court Access
The 4th Civil Chamber (E. 2023/9773, K. 2025/5472, 09.04.2025) addressed the practice of splitting compensation claims: once a claimant has learned the true scope of their loss, filing a second or third action on the same underlying event constitutes an abuse of the right of access to court.
Legal context: Turkish Civil Code Article 2 (the principle of good faith) underpins a long-running rule against piecemeal litigation. The Court confirmed that claimants must bring all ascertainable heads of damage in a single action once those heads are known, and that strategic serial filing to avoid procedural risk crosses into bad faith.
Practical importance: Litigators advising claimants on damages strategy must conduct an early and comprehensive assessment of all potential loss categories before commencing proceedings. Filing a claim that deliberately omits foreseeable items to preserve a fallback action risks the entire second claim being dismissed.
Court of Cassation 1st Criminal Chamber: State-Appointed Victim's Counsel Fee Must Be Offset Against Award
The 1st Criminal Chamber (E. 2025/7182, K. 2026/4176, 21.05.2026) resolved a recurring question on legal costs: where a court has appointed counsel for a victim under CMK, the fee paid by the state to that lawyer must be deducted before any separate attorney's fee award is made in the victim's favour against the convicted defendant.
Legal context: CMK Articles 237–243 guarantee victims the right to participate in criminal proceedings and to receive state-funded representation when necessary. The Chamber held that awarding the full attorney's fee without offsetting what the state already paid for the same service amounts to unjust enrichment, and that courts must account for the CMK payment in their cost orders.
Practical importance: Criminal lawyers representing victims or defendants in proceedings where CMK counsel was appointed should verify that cost orders are calculated in accordance with this formula and raise objections where they are not.
Court of Cassation 9th Labour Chamber: Dismissal for One Unpaid Chocolate Bar Violates Proportionality
The 9th Labour Chamber (E. 2015/16220, K. 2017/18738, 21.11.2017) ruled that terminating the employment of a four-year-veteran store supervisor who consumed a single chocolate bar without paying at the register was disproportionate and therefore unlawful. The Court held that the employee was entitled to severance and notice pay.
Legal context: Labour Law Article 25(II) permits immediate termination for just cause, but Turkish employment law — consistent with comparative labour standards — requires that the gravity of the disciplinary measure be proportionate to the misconduct. A single low-value incident by a long-serving employee with a clean record does not reach the threshold justifying termination without first attempting lesser sanctions such as written warnings.
Practical importance: In retail and service-sector employment disputes, this decision remains a strong precedent for proportionality challenges to immediate dismissals. Employers who skip a disciplinary ladder in favour of direct termination for minor infractions face significant liability for severance and notice pay.