Constitutional Coup and Property Rights

14 Kasım 2023 Salı

The "Legal Coup" or "Constitutional Coup" crisis began when a bureau within the Court of Cassation defied the Constitutional Court's decision regarding Can Atalay and then initiated a criminal complaint against the Court's members. This "Coup of Rights and Constitutions" meltdown intensified with the direct involvement of the Presidency of the Court of Cassation and the President of the Republic. This incident was widely perceived as a severe blow against the rule of law, highlighting the failure to adhere to the Constitutional Court's vital mandates. At the same time, the recent enactment of a new law raises troubling concerns about the potential erosion of property rights: Where, how, and within which legal framework can individuals pursue and safeguard their property rights?

 

URBAN TRANSFORMATION

On November 11, 2023, the Board of Directors of the Chamber of Civil Engineers and Architechs (TMMOB) issued a statement concerning the Urban Transformation Law titled "Urban Transformation Practices Cannot be a Reason for Violating Property Rights"

Allow me to summarize this statement for my esteemed readers:

  1. This law not only designates vacant lots but also inhabited areas as "reserve construction areas" for future settlements.
  2. Even neighborhoods where residents currently live can be labeled "reserve construction areas," potentially leading to the compulsory demolition of homeowners' properties within these zones.
  3. Homeowners who are unable to afford the new residences constructed for those whose homes were demolished may face foreclosure and consequently lose their homes.
  4. Municipalities are stripped of their decision-making authority in these cases, transferring their full administrative power to the central government, specifically the Ministry of Environment, Urbanization, and Climate Change, as well as the Urban Transformation Directorate.
  5. The law allows the seizure of high-rent lands and areas, enabling the sale of newly constructed houses on these properties to individuals unrelated to those affected by house demolitions.
  6. Reviewing past implementations reveals the realization of these concerning aspects: high-rent areas have been confiscated, leading to challenges in protecting property rights.
  7. To avert these issues, it is imperative to prevent such drawbacks and ensure a transparent urban renewal process that staunchly protects the property rights of homeowners.

 

The Chamber of Civil Engineers' statement brought to mind the steadfast resistance of Istanbul's Tozkoparan neighborhood residents. So I recently spoke with one of the locals on this matter:

 

"We're being offered smaller flats to replace our demolished homes, demanding additional payments. Those unable to afford it face the threat of seizure, risking the loss of their houses." he said.

 

COINCIDENCE

 

Local elections are approaching...

The cost of living is hitting everyone hard...

Religious and sectarian influence is being increased in National Education...

Even property rights are being jeopardized on the grounds of "urban renewal"...

Meanwhile, there is a "Constitutional Coup" crisis...

What a coincidence!

 

 


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