Author: Ceren Eke
Introduction
In a decision dated 29.09.2021 with application number 2018/357 (“Decision”), the Constitutional Court decided by a large majority that the applicant's right to property was violated due to the fact that the immovables expropriated for the purpose of mass housing construction were not used in accordance with the purpose given for their expropriation. The Decision was published in the Official Gazette dated 15.11.2021 and numbered 31660.
The Decision made by the Plenary Session of the Constitutional Court, is notable for focusing on the principles set forth in the previous case law of both the European Court of Human Rights and the Constitutional Court.
Factual Background
In the case that is the subject of the application, for a total of fifty-two immovables, including immovables in which the applicant has a share, the Ankara Metropolitan Municipality (“Municipality”) had made a public interest decision for the construction of mass housing and the immovables were subsequently expropriated. The applicant and other owners gave consent for the transfer of shares, the immovables in the title deed were transferred to the Municipality and the price became final after a lawsuit to increase the price.
