Abstract:

Extraterrestrial proceedings against foreigners are often known to be subject to individual applications to the Constitutional Court, claiming that they are illegal. The provisions of Foreigners and International Protection Act No. 6458, which establishes the local legal framework on this matter, on the expulsion of foreigners, have been amended by the Decree No. 676 on the Implementation of Certain Regulations in the context of Emergency Conditions. One of these is a change that the judicial objection to the expulsion decisions made for reasons related to terrorism and public order, public security and public health will not stop the implementation of these decisions. With this amendment, there have been significant changes in the application of the Constitutional Court for non-limit proceedings in the context of measurement requests, and in June 2018 the decision was made to initiate the pilot decision procedure for these requests. The pilot decision procedure is the one decision given by the principles to keep the practice clear, instead of the individual examination of the applications arising from a structural problem; in the event that the issue is not corrected, it is a judgment procedure that makes it possible for the applications to be jointly ruled. The first implementation of this procedure by the Constitutional Court and the approval of the request for measures in almost the whole of the approximately a thousand individual applications made in the same matter reveal the importance of the matter. In May 2019, the automatic suspending effect of the off-border objection on the ruling of the pilot decision that the effective right of application was violated, with the amendment made, has been brought back to the legislation. This article analyzes the legal process in which significant legislation and legislation changes occur and the critical effects on the Turkish immigration and refuge system.