Sweeping judicial reform bill published in Official Gazette

ANKARA

A comprehensive omnibus bill, encompassing more than 60 amendments, was published in Türkiye’s Official Gazette on March 12.

The legislation, widely known as the "judicial package," entered discussions on Feb. 20 after being submitted to the parliamentary presidency earlier in the month.

On March 2, Turkish lawmakers granted their approval to the bill introduced by ruling Justice and Development Party (AKP) deputies.

One of the most notable amendments revolves around Article 220/6 of the Turkish penal code, addressing the crime of "committing crimes on behalf of an organization without being a member of the organization."

The bill reinstates penalties for individuals engaged in acts on behalf of organizations involved in "terror crimes," treating them akin to organization members.

Another significant modification addresses a Constitutional Court ruling concerning Article 187 of the Turkish civil code. The court had previously invalidated the provision prohibiting married women from using only their maiden surname.

In addition, the legislation alters the avenue for claims related to non-pecuniary damages resulting from arrest and detention procedures, as well as judicial control procedures. These claims will now be directed to the compensation commission within the Justice Ministry, departing from the previous process involving the Constitutional Court.

Meanwhile, the opposition has voiced its dissent against an article in the package pertaining to the "conditions for processing special categories of personal data."

The article permits "foundations, associations and other non-profit organizations or formations established for political, philosophical, religious or trade union purposes" to process personal data.

In another decision published in the Official Gazette, the protection status of a natural protected area in Istanbul's Sarıyer district was reevaluated and officially registered as a "sensitive area to be protected."

Additionally, real estate owned by the state-owned sugar company Türkşeker in Bursa's Karacabey district, including three warehouses and a lodging building, was sold to a private company. The real estate belonging to the Türkşeker factory was initially designated as a "commercial-residential area" through a zoning plan change in 2022.

The new regulations, as outlined in the omnibus bill, are slated to take effect on June 1.