TO THE … COURT
FILE NUMBER:
REQUESTING :
TC IDENTIFICATION NUMBER :
ADDRESS:
ATTORNEY:
ADDRESS:
OPPONENT :
TC IDENTIFICATION NUMBER :
ADDRESS:
ATTORNEY:
ADDRESS:
SUBJECT : Objection to Unconstitutionality.
INSTRUCTIONS :
1- The one that will be applied in the case file No. 1 /… which is being considered in your court against our client…….. It is clearly contrary to the Constitution.
That is to say:
a-)
b-)
c-)
2- Article 152 of the Constitution of the Republic of Turkey No. 2709 (Constitution of 1982). the first paragraph of the article “Court which is hearing a case, applicable law or the provisions of the decree unconstitutional and sees one of the parties considers that the claim that it is against the proposed constitution is serious if the back case of the Constitutional Court until a decision on this issue leaves” is shaped like.
3- According to this article, if your court considers our claim to be contrary to the Constitution to be serious, it is sent to the Constitutional Court to examine our claim to be contrary to the Constitution, and our appeal to the supreme court is considered and accepted on the spot, this article of law will be canceled and there will be no way to apply. Because the application of this article will cause serious harm to our client.
4- For the reasons described, it was necessary to request that the file be sent to the Constitutional Court to be decided on the unconstitutionality of the relevant article.
LEGAL REASONS : 2709 P. K. m. 152 and related legislation.
REQUEST AND CONCLUSION: We request that the file be sent to the Constitutional Court for examination of the claim of unconstitutionality by your court and that the case be decided to be left back until the end of the supreme court’s review. …/…/…
Plaintiff’s Attorney
