TO THE HONORABLE COURT OF …
FILE NO: APPLICANT : T.R. IDENTITY NUMBER : ADDRESS : ATTORNEY : ADDRESS :
ADVERSE PARTY : T.R. IDENTITY NUMBER : ADDRESS : ATTORNEY : ADDRESS :
SUBJECT : Plea of Unconstitutionality.
EXPLANATIONS :
1- Article/Provision [State Article Number] of [State Law Name], which is to be applied in the file numbered …/… E. currently pending before your Court against our client, is clearly unconstitutional.
Namely: a-) b-) c-)
2- The first paragraph of Article 152 of the Constitution of the Republic of Turkey No. 2709 (1982 Constitution) states: “If a court hearing a case finds that the provisions of a law or a presidential decree to be applied are unconstitutional, or if it is convinced that the plea of unconstitutionality raised by one of the parties is serious, it shall adjourn the case until the Constitutional Court decides on the matter.”
3- Pursuant to this article, if our plea of unconstitutionality is found serious by your Court and is referred to the Constitutional Court for review, and if our objection is found justified and accepted by the supreme court, the subject provision of the law will be annulled and will no longer be applicable. Indeed, the application of said provision will result in severe damages for our client.
4- For the reasons explained above, it has become mandatory to request the referral of the file to the Constitutional Court for a ruling on the unconstitutionality of the relevant article.
LEGAL GROUNDS : Constitution No. 2709 Art. 152 and related legislation.
CONCLUSION AND REQUEST : We respectfully request that the file be referred to the Constitutional Court by your Court for the examination of the plea of unconstitutionality, and that the present case be adjourned until the conclusion of the supreme court’s review. [Date]
Counsel for the Applicant Atty. [Name Surname]