Abstract:

The goods of public administration are categorized as public goods and private goods of the public property. The private goods of the public property are subject to the same legal regime as goods of the private person. However, public goods are allocated for the purpose of public interest to be used during the execution of public services. With the realization of this allocation, these goods, which have become public goods, also benefit from a special regime of protection in accordance with our national legislation. One of these special protections is seizure ban over the public property. The purpose of this special protection is to ensure that public services are carried out without an interruption, thus ensuring the continuity of public services. However, as a result of this protection, private people who have receivables from the public administration shall not collect their receivables due to the provisions in our national legislation. Thus, private people are deprived of their property rights protected by Article 35 of the Constitution and Article 1 of the Protocol No. 1 of the European Convention on Human Rights. Those who couldn’t collect their receivables within the scope of domestic remedies have directly applied to the European Court of Human Rights. Since 2012, they shall firstly apply to the Constitutional Court of Turkey within the scope of individual application. According to the established jurisprudence of both courts, it is accepted that the deprivation of private people from their receivables on the grounds of seizure ban over the public property is a violation of the right to property.

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