Client Alert:

The Turkish Constitutional Court Rules on Controversial Omnibus Bill Provisions

Our Client Alert dated September 2014 entitled “The New Omnibus Bill Entered into Force” identified and explained the provisions implemented by the New Omnibus Bill (“Omnibus Bill”).

As mentioned in the aforementioned Client Alert, an appeal was filed to the Turkish Constitutional Court against some of the provisions introduced by the Omnibus Bill. The Turkish Constitutional Court (“Constitutional Court”) has cancelled 5 articles of the Omnibus Bill, in particular articles regarding the Internet Law (which regulates publications on the internet and suppression of crimes committed by means of such publications) and privatization.

Accordingly, the Presidency of Telecommunication will not be able to shut down websites within 4 hours upon instructions of the Presidency of Telecommunication’s chairman where delay in doing so would adversely affect national security, public order and prevention of crimes.

The Constitutional Court also cancelled the regulation on the prohibition of any transaction to reposes premises that have been allocated by the Privatization Authority through a tender that concluded 5 years prior to the Omnibus Bill. Pursuant to this decision, any tender to privatize assets or premises can be cancelled by a judicial decision regardless of the date of the privatization.

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