‘Slum’ decision from the Constitutional Court – Last Minute Economic News
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In the application made by the Istanbul 7th Administrative Court, it was stated that the demolition of unauthorized structures without a judicial remedy eliminates the possibility of taking legal action against the process, and this violates the freedom to seek justice.
According to Ekonomim’s news, in the reasoned decision of the Constitutional Court (AYM), it was emphasized that the buildings for which the decision was taken to demolish were also property and that there was an interest that needed to be protected in this context.
IT WILL ENTER INTO EFFECT AFTER 9 MONTHS
It was also reported that the decision did not include guarantees that would ensure the protection of the right to file a lawsuit by demolishing the building without notifying those who built unauthorized buildings.
The cancellation decision will enter into force 9 months after its publication in the Official Gazette.
The first part of the canceled article is as follows:
“After the date of entry into force of this law, all permanent or temporary unauthorized structures to be built within or outside the municipal borders, on lands and plots belonging to municipalities, Treasury, special administrations, annexed budget departments or in places under the jurisdiction and disposition of the state, whether during construction or inhabited areas. “If it is found, it will be demolished immediately by the municipality or state police, without the need for any decision to be taken.”
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