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Alleged Unconstitutionality

[Insert Court Information] TO THE COURT

 

FILE NO: [Enter File No information]

REQUESTER : [insert name]

 

AGAINST PARTY: [insert name]

CASE

SUBJECT: Unconstitutionality

FACTS : 1-The case against our client is pending before your court ……. E numbered

……. to be applied in the case It is clearly contrary to the Constitution.

Namely

a-)

b-)

c-)

2-In accordance with the law numbered 2707, the Official Gazette dated 25.09.1982

1982, which was published in the Gazette and finalised by referendum on 07.11.1982

The first paragraph of Article 152 of the Constitution reads as follows: “The court hearing a case,

the provisions of a law or a decree-law to be applied in accordance with the Constitution

and if it considers that the claim of unconstitutionality raised by one of the parties is serious

the Constitutional Court’s decision on this matter, until the Constitutional Court’s decision on this matter

the case is postponed”.

 

3-According to this article, our claim of unconstitutionality is serious

and sent to the Constitutional Court to examine our claim of unconstitutionality and

If our objection is considered and accepted by the supreme court, the said article of law shall be cancelled.

and there will be no possibility of implementation.

4-For the reasons explained above, regarding the unconstitutionality of the relevant article

We request that the file be sent to the Constitutional Court for a decision.

LEGAL GROUNDS : Article 152 of the Constitution

CONCLUSION OF THE REQUEST : Your Court is requested to examine the file for the unconstitutionality claim

the case be sent to the Constitutional Court, and the case be sent to the end of the Supreme Court’s examination

to be postponed until the end of the trial.

 

REQUESTOR’S REPRESENTATIVE

[Enter proxy information]

 

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