The Constitutional Court annulled some articles of the Notary Law.

The Constitutional Court (AYM) annulled Articles 125 and 126 of the Notary Law, which contain regulations regarding disciplinary penalties that can be imposed on notaries, finding them unconstitutional.

ANKARA 20TH ADMINISTRATIVE COURT FILED A CANCELLATION REQUEST

According to the decision published in today's Official Gazette, the Ankara 20th Administrative Court filed a cancellation request, arguing that Article 126 of the Notary Law is unconstitutional in a case opened for the annulment of a warning penalty given to a notary. In the cancellation request, it was stated that it is not clear and definite which actions would be punished with disciplinary penalties, and that it does not provide sufficient legal assurance.

The Supreme Court decided to examine Article 125 in relation to Article 126. AYM decided to annul the regulation in Article 125, which states, "Disciplinary penalties as written in the following article shall be applied to notaries who engage in actions and movements contrary to the dignity and honor of the profession, who do not perform their duties or perform them defectively, or who engage in actions that undermine the trust required by their duties, according to the nature and severity of the situation for the proper execution of notarial services."

CANCELLATION DECISIONS WILL COME INTO FORCE AFTER 9 MONTHS

The Supreme Court also ruled for the annulment of the regulation regarding the penalties foreseen to be imposed on notaries in Article 126, which includes "warning, reprimand, monetary fine, temporary dismissal, and expulsion from the profession." The cancellation decisions will come into force after 9 months.

PHARMACISTS WERE ALSO GIVEN A REJECTION RESPONSE

In AYM's decision, it was reminded that previously the Supreme Court annulled the regulation regarding disciplinary penalties to be imposed on pharmacists in the Turkish Pharmacists Association Law on the grounds that it "lacked a certain clarity and predictability."

In the decision, it was stated that there was insufficient connection established between the disciplinary offenses and penalties to be applied to pharmacists, that the criterion to be used in the application of penalties "does not provide sufficient assurance for the subjects of the penalty," and that "it could lead to arbitrary interpretation and application of the disciplinary penalties to be imposed."

It was pointed out in the decision that the regulations in the Notary Law are within the same scope as the regulations annulled in the Turkish Pharmacists Association Law, and it was stated that "there is no situation that requires deviation from the aforementioned decision of the Constitutional Court regarding the rule in question. For the reasons explained, the rule is contrary to Article 2 of the Constitution and should be annulled."