In the week of 13-19 July 2026, the most notable part of the thirty-nine regulations published in the Official Gazette (Resmî Gazete) was the series of eleven decisions issued in succession by the Constitutional Court (AYM) on the right to a fair trial in criminal proceedings. In addition, decisions of the Court of Cassation (Yargıtay) and the Council of State (Danıştay) on tenancy, traffic fines and vehicle taxation, regulatory amendments affecting excavation support structures and the energy sector, and the international agreement confirming that the COP31 Climate Summit will be held in Antalya, along the Alanya highway route, were among the key developments of the week.
A significant share of the regulations published this week (seven) consists of administrative decisions, very similar in content, allowing committees of the Grand National Assembly of Turkey (TBMM) to work during the summer recess. To help our readers use their time efficiently, we have grouped such repetitive decisions under a single heading, while covering in detail the court decisions and regulatory amendments that have real legal and commercial impact.
Series of Constitutional Court Decisions on the Right to a Fair Trial in Criminal Proceedings
This week, eleven separate individual application decisions of the Constitutional Court in the fields of criminal procedure and enforcement of sentences were published in the Official Gazette. Most of the decisions clarify, through concrete cases, different aspects of the right to a fair trial (not being tried twice for the same act, examination of witnesses, reasoned decisions, effective investigation).
Prohibition of Being Tried Twice for the Same Act: Two Separate Decisions
This week the Constitutional Court published two separate decisions on the “ne bis in idem” principle (not being tried twice for the same act). In the first, the Court held that this principle must be protected within the scope of the right to a fair trial under Article 36 of the Constitution, and that for it to apply there must be a final conviction or acquittal followed by the initiation of new proceedings concerning the same act; decisions of non-prosecution do not count as acquittals in this sense. In the second decision, the Court found a violation of rights where a person charged with forgery of an official document, despite being acquitted by the first court, was retried and convicted by a different court.
Who is affected? Suspects and defendants facing more than one investigation or prosecution arising from the same incident, and the criminal defence lawyers representing them.
Practical effect: Persons with a final acquittal or conviction will be able to rely directly on these two decisions against a new investigation or case brought for the same act; apart from the exception of new evidence or a fundamental defect, courts will not be able to embark on a second trial.
The Right to Examine Witnesses and the Principle of Immediacy
In another decision, the Constitutional Court clarified, using a three-stage test, that for the statements of witnesses who were not present at trial to be used as the sole or decisive evidence for a conviction, the defendant must be afforded sufficient counterbalancing safeguards. The decision also recalled the principle of immediacy, which requires the judge to base the decision only on evidence discussed at the hearing.
Who is affected? Defendants, defence counsel and courts hearing criminal cases based on witness statements.
Practical effect: Courts must now give a valid reason when they merely place a witness’s earlier statement on file without bringing the witness to the hearing; otherwise the conviction is at risk of being overturned before the Constitutional Court.
Duty to Conduct an Effective Investigation into the Use of Force by Law Enforcement Officers
Another decision of the Constitutional Court emphasised that an effective and thorough investigation must be carried out into allegations of injury or ill-treatment resulting from the use of force by law enforcement officers during detention or arrest; it was stated that a decision of non-prosecution cannot be issued without adequately assessing medical reports, witness statements and video recordings.
Practical effect: Because of the high volume of tourism, allegations of injury arising in arrest and detention procedures – to which domestic and foreign visitors are also sometimes party – now require more comprehensive evidence gathering; victims will be able to rely on this decision in their submissions.
Other Procedural Safeguards: Reasoned Decisions, Prohibition of Retroactive Application and Deduction of Sentence
In the same week, three more AYM decisions reinforced procedural safeguards at different stages of criminal proceedings:
- Restoration of forfeited rights (right to a reasoned decision): When rejecting a person’s request for restoration of forfeited rights, courts cannot simply state that “there is an investigation against him”; they must explain concretely how the investigation shows that the person has not been of good conduct.
- Prohibition of retroactive application of criminal law: A provision of law that enters into force after the date of the offence and increases the penalty cannot be applied to earlier acts; the earlier provision more favourable to the offender must be applied.
- Revocation of conditional release and deduction of sentence: Where revoked conditional release decisions relating to offences committed before 7 November 1982 later become void, deduction by the enforcement judge of the time spent in detention during that period is a mandatory step, not a discretionary one.
Who is affected? Former convicts seeking restoration of forfeited rights, defendants tried after amendments to criminal law, and the relevant convicts in penal institutions.
Fair Trial in Administrative and Financial Disputes: Employee Claims and Termination of a Public Tender
The Constitutional Court held that dismissing, without examining the merits, the claim of an employee who had worked at an institution closed under the state of emergency, on the grounds that the administrative application had not been concluded, violated the right to a fair trial; courts must now go beyond discussing preconditions to litigation and examine the existence of the claim in terms of fact and law.
Practical effect: Employees who have worked in Alanya’s tourism and service sector and bring claims concerning termination of employment, severance pay or similar receivables will be able to request that documents they submit, such as payroll records and contracts, be assessed on the merits by the court.
In another decision, the Constitutional Court found that the termination of a tender contract with an elevator-construction company on the grounds of a FETÖ/PDY investigation constituted a violation of rights due to the incorrect assessment of evidence, even though the company’s officers had been acquitted.
Practical effect: Construction and contracting firms in Alanya with contractual relationships with municipalities and public institutions will be able to cite this precedent against termination decisions that are not based on concrete and proven evidence. In the same week, two more AYM decisions were published, holding that persons dismissed from public office under the state of emergency cannot claim profession/title-based additional payments, and that professional restrictions applied to sworn financial advisors may only be imposed by following the official disciplinary routes provided for by law.
Court of Cassation and Council of State: Decisions on Tenancy, Traffic Fines and Vehicle Taxation
Strict Compliance with Notification and Undertaking-to-Vacate Procedures in Tenancy Cases
Two decisions of the 3rd Civil Chamber of the Court of Cassation emphasised the need for strict compliance with procedure in tenancy disputes. According to the first decision, the mere fact that a document has been read via UYAP (the National Judiciary Informatics System) does not replace official service or pronouncement under civil procedure legislation; for peremptory time limits to start running, either the five-day period specific to electronic notification must expire or actual service must take place. According to the second decision, if the parties have signed a new lease after an undertaking to vacate, the court must examine whether the earlier undertaking still remains valid.
Who is affected? Tenants and landlords renting commercial shops, offices or warehouses, especially businesses that enter into short-term commercial leases during the tourist season.
Practical effect: Lawyers representing landlords must carefully check, before relying on an undertaking to vacate, whether service was properly effected and whether the contract was subsequently renewed between the parties.
Fixed Attorney Fee in Traffic Fine Cases
The 8th Chamber of the Council of State reiterated that in cases under the Law on the Collection Procedure of Public Receivables (including those brought against payment orders for traffic fines), the attorney fee must be calculated on the basis of the fixed (lump-sum) amount in the annual minimum fee tariff of the Union of Turkish Bar Associations, regardless of the amount in dispute.
Practical effect: Individuals challenging a low-value traffic fine and businesses with vehicle fleets will be able to foresee that they will pay a fixed attorney fee known in advance, irrespective of the amount in dispute.
Tractor or ATV? Customs Tariff to Govern Vehicle Classification
The Council of State’s Plenary Session of Tax Law Chambers held that, for special consumption tax purposes, vehicles whose technical characteristics fall within the ATV category, even if they appear as “tractors” in the type-approval certificate, must be classified on the basis of the customs tariff position (with expert examination if necessary). This decision provides a more predictable framework for the taxation of vehicle rental and sales businesses.
Regulatory and Communiqué Amendments Affecting the Construction and Energy Sectors
Technical Principles for Excavation Support Structures Updated
The Ministry of Environment, Urbanisation and Climate Change updated the design and implementation principles annexed to the Regulation on Excavation Support Structures. The amendments reorganise the technical and administrative rules aimed at ensuring the safety of people and buildings during excavation work.
Who is affected? Contractors, architects and engineers building hotels, housing and commercial buildings in areas of intense construction activity such as Alanya.
Practical effect: Before excavation work begins, a support structure design complying with the updated principles must be prepared; non-compliant practices may lead to site accidents and legal liability.
Three Separate Regulations in the Energy Sector
Three separate regulations were published in the energy field this week. For BOTAŞ’s natural gas purchases, the requirement for announcements and security was removed and a qualification list with a negotiated procedure without prior announcement was introduced. The Energy Market Regulatory Authority (EPDK) clarified the methodology for calculating the repayment amount of investments in electricity transmission lines and transformer stations (use of the CPI index and criteria for selecting comparables). The same Board approved the tariff of Potas Akdeniz, which provides aviation fuel storage services at Antalya Airport; storage fees are now set as ceiling prices and these limits cannot be exceeded.
Practical effect: For airlines and cargo companies operating through Antalya Airport, storage costs are now tied to a predictable ceiling; this may indirectly affect the air-transport-based logistics costs of tourism businesses in and around Alanya.
Other Regulatory Amendments
- Investor Compensation Centre: The Capital Markets Board (SPK) regulated the refund, upon application via e-Devlet (e-Government), of time-barred investor deposits and receivables; the assets of the Investor Compensation Centre (YTM) can no longer be seized even for public receivables.
- Ship scrapping incentive: In the regulation encouraging the construction of new ships in return for scrapping old Turkish-flagged vessels, the definition of contractor was broadened and tonnage requirements were clarified; this also indirectly concerns businesses in Alanya’s yachting and charter sector.
- Customs value tolerance on imports: By a communiqué that entered into force on 17 July 2026, the Ministry of Trade provided that imports will no longer be blocked where the difference between the value determined upon registration of the customs declaration and the value in the importer’s registration document is 5 percent or less. The change directly affects importers, customs brokers and representatives, customs cargo operators and companies engaged in international trade; it is expected to speed up customs procedures by eliminating small value differences arising from exchange rate fluctuations or changes in market prices. For businesses in the tourism, textile and construction sectors in Alanya that use imported goods extensively, this flexibility may reduce delays at customs.
- Public servants in legal traineeship: The regulation allowing those who wish to complete a legal traineeship while working at a public institution to take unpaid leave during the court traineeship was republished (an inconsistency regarding the date of the law on which this regulation is based is noted separately in SECTION 3).
COP31 Climate Summit in Antalya – Along the Alanya Highway Route
By a decision published in the Official Gazette, the host country agreement between Turkey and the Secretariat of the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement was approved. Accordingly, the COP31 meetings will be held in Antalya, along the Aksu-Alanya highway route, between 3 and 20 November 2026. The Government of Turkey has made a commitment of approximately USD 7.7 million to cover conference and organisation costs; this amount covers travel, accommodation, information and cyber security, and digital platform services.
Who is affected? Directly, the Government of Turkey; indirectly, hotel, restaurant, transport and logistics businesses that will serve the Antalya-Alanya route during the conference, as well as foreign participants and tourists.
Practical effect: Heavy international event traffic is expected in the region for about three weeks in November 2026. It would be useful for tourism, accommodation and transport businesses along the Alanya highway route to review their capacity and staff planning for this period now. The regulation also provides that unspent funds will be refunded if the conference is cancelled or postponed.
TBMM Decisions: Seven Committees May Also Work During the Recess
This week, seven decisions of the TBMM General Assembly were published that are almost identical in content; they allow the Joint Committee on the Constitution and Justice, the Joint Committee on Petitions and Human Rights, the Constitution Committee, the Petitions Committee, the Committee on Equal Opportunities for Women and Men, the Planning and Budget Committee and the Human Rights Inquiry Committee to meet during the Assembly’s recess and adjournment.
Who is affected? Members and secretariats of the relevant committees; indirectly, citizens submitting petitions or complaints to these committees.
Practical effect: These decisions do not directly create any right or obligation; they are administrative in nature. However, the fact that the Planning and Budget Committee and the Constitution Committee may also work during the recess means that legislative work concerning real estate, tax and financial legislation may progress during the summer months as well.
Other Administrative Regulations and Appointments
The remaining regulations of the week are mostly institutional/administrative in nature and have limited direct relevance to the client profile in Alanya. In brief:
- The revenue share regulation applicable to certain state economic enterprises, in force since 2005, was repealed with effect from 1 June 2026.
- Various senior appointment and dismissal decisions were published at the Council of Forensic Medicine, the Ministry of Foreign Affairs, the Presidency of Migration Management and the General Directorate of Forestry.
- The Regulation of the Gazi University Design Application and Research Centre was repealed; institutional updates were made to the regulations of the Ibn Haldun University Gulf Studies Centre, the Bingöl University Dentistry Centre, the Istanbul Sabahattin Zaim University Continuing Education Centre and the Karabük University Women’s (and Family) Studies Centre.
- The boundaries of the Istanbul Specialised Free Zone and the Istanbul Kilyos Natural Protected Area were redefined on the basis of coordinates.
None of these regulations directly affect real estate, tourism, employment law or commercial law practice in Alanya this week; they are briefly listed for information purposes.
Conclusion
The key development of the week of 13-19 July 2026 was the Constitutional Court’s eleven separate decisions on the right to a fair trial in criminal proceedings; these decisions concern both individual defendants and convicts and businesses that are parties to administrative-financial disputes such as employee claims and public tenders. In addition, the Court of Cassation’s decisions on tenancy cases, the Council of State’s decisions on traffic fines and vehicle taxation, and the regulation on excavation support structures are among the regulations that the construction and real estate sector in Alanya should follow closely. The fact that the COP31 Climate Summit will be held along the Antalya-Alanya route creates a concrete planning agenda for November 2026 for the region’s tourism and service sector. If you are facing a specific legal situation, it is advisable to consult a lawyer to assess how current legislation applies to your particular circumstances.
This article is for general information purposes only and does not constitute legal advice. Source: Official Gazette.
Legal Notice: This text has been prepared for general information purposes only and does not constitute legal advice. sophoshukuk.com makes no referral, guarantee or promise of outcome. Each case must be assessed on its own particular circumstances; for your specific dispute, please obtain professional advice from a lawyer.