THE TCC ANNULS THE RULE STIPULATING THAT THE MONETARY THRESHOLD FOR APPEAL OR CASSATION IN ADMINISTRATIVE JURISDICTION SHALL BE DETERMINED BASED ON THE DATE OF THE DECISION.

The Turkish Constitutional Court (“TCC”), with its decision dated February 11, 2025, and numbered 2025/39 E - 2025/35 K., published in the Official Gazette on March 6, 2025, ruled that Annex Article 1, paragraph (2) of the supplementary provisions of the Administrative Procedure Law (“APL”), which stipulates that the monetary threshold for appeal or cassation in administrative jurisdiction shall be determined based on the date of the decision, is unconstitutional and annulled it. As we recently shared, the TCC, in its decision dated 04.12.2024, numbered 2023/182 E.- 2024/203 K., also annulled the relevant phrase in Annex Article 1(2) of the Code of Civil Procedure (“CCP”), which stipulated that monetary limits shall be determined based on the amount applicable on the date the judgment is rendered.

The TCC, upon the application of the 13th Administrative Court of Istanbul, examined the first sentence of Annex Article 1(2) of the Additional Provisions of the APL, which states, “…the monetary threshold applicable on the date the final decision is rendered by the first-instance court or the regional administrative court shall be taken as a basis,” in terms of its compliance with Articles 13 and 36 of the Turkish Constitution. In the review, the TCC, assessed whether there was a circumstance requiring a divergence from its decision dated 04.12.2024, numbered E.2023/182, K.2024/203, regarding the monetary limits in the CCP.

In its decision dated 04.12.2024, numbered E.2023/182, K.2024/203, the TCC stated that, under the provisions of CCP, while the monetary threshold (finality limit) for applying for appeal or cassation is updated, the value of the disputed property or claim is not adjusted accordingly. As a result, the entire burden caused by inflation is placed on the parties to the case. The TCC concluded that the limitation imposed on the right to request judicial review by a rule that imposes an excessive burden on individuals is disproportionate and unreasonable.

In this context, the TCC stated that pursuant to Annex Article 1(2) of the APL, the monetary threshold for appeal or cassation is updated according to inflation, and the value of the subject matter cannot be detached from its effects. The TCC emphasized that this situation could eliminate the possibility of applying for appeal or cassation, especially in cases where the judicial process is lengthy.

As a result, the TCC concluded that there was no situation requiring a departure from its previous decision dated 04.12.2024, numbered 2023/182 E.- 2024/203 K., regarding the annulment of Annex Article 1 of the CCP. In this context, the TCC ruled that Annex Article 1(2) of the APL is unconstitutional, as it violates Article 13 of the Constitution, which stipulates that fundamental rights and freedoms can only be limited by law, and Article 36, which guarantees the freedom to seek remedy, and thus it was annulled. Moreover, the TCC decided that the annulment decision would come into effect 9 months after its publication in the Official Gazette.