TO THE ……………… COURT
FILE NO:
APPLICANT:
TURKISH REPRESENTATIVE NUMBER:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
RESPONENT:
TURKISH REPRESENTATIVE NUMBER:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
SUBJECT: Objection to Unconstitutionality.
EXPLANATIONS:
1- The application of ……. in the case file numbered …/… currently being heard in your court against our client is clearly unconstitutional.
Specifically:
a)
b)
c)
2- The first paragraph of Article 152 of the Constitution of the Republic of Turkey (1982 Constitution) No. 2709 states: “If a court hearing a case finds that the provisions of a law or decree having the force of law are contrary to the Constitution, and if it concludes that the claim of unconstitutionality put forward by one of the parties is serious, it shall postpone the case until the Constitutional Court renders its decision on the matter.”
3- According to this article, if your court finds our claim of unconstitutionality serious, sends the case to the Constitutional Court for examination, and if the supreme court finds our objection justified and accepts it, the relevant law article will be annulled and will no longer be applicable. Because the application of this article would cause serious harm to our client.
4- For the reasons explained above, it has become necessary to request that the case be sent to the Constitutional Court for a decision on the unconstitutionality of the relevant article.
LEGAL GROUNDS: Article 152 of Law No. 2709 and related legislation.
REQUEST AND CONCLUSION: We request that your court send the case to the Constitutional Court for examination of the claim of unconstitutionality, and that the present case be postponed until the end of the high court’s review. …/…/
Plaintiff’s Attorney
Attorney