26 Jan Constitutional Objection
…. COURT
FILE NUMBER:
REQUESTED:
TURKISH IDENTITY NUMBER :
ADDRESS:
PROVISION:
ADDRESS:
OPPONENT :
TURKISH IDENTITY NUMBER :
ADDRESS:
PROVISION:
ADDRESS:
SUBJECT: Objection to the Constitution.
DESCRIPTIONS :
1- ../.., which is seen in your court against our client, is clearly against the Constitution which will be applied in the case file.
Namely:
a-)
b-)
c-)
2- No.2709 Constitution of Turkey (1982 Constitution) the first paragraph of the Article 152 “a court which is trying a case, if it deems unconstitutional the provisions of the decree in a law or legal provision to be applied and of one of the parties put forward by Unconstitutionality claims to the conclusion that there is serious if the Constitution The Court shall quit the case until the decision to be taken in this regard.
3- According to this article, our claim to the Constitution is serious, our allegation of violation of the Constitution, to the Constitutional Court to investigate our allegations of violation of the Constitution and the Supreme Court if our objection is seen and accepted in the case, the law in question will be canceled and there will be no possibility of implementation. Because the implementation of the substance in question will cause serious damage to our client.
4. For reasons explained, it is necessary to request that the file be sent to the Constitutional Court in order to decide on the violation of the article.
LEGAL REASONS: 2709 S. K. m. 152 and related legislation.
REQUEST AND RESULT: We ask the court to send the file to the Constitutional Court for an examination of the allegation of nonconformity, and to decide that the case should be suspended until the end of the examination of the Supreme Court. … / … /
Acting Attorney
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