COVID-19 Period and Judicial Amendments: A Brief Summary
Due to the New Type of Coronavirus (COVID-19) pandemic, which has significantly affected the economy by significantly changing the market conditions and the social life due to the social health crisis it gave rise to in the world and in our country, arrangements have been made regarding judicial services and operations and judicial periods.
In this context, in the first phase, hearings were postponed by the Council of Judges and Prosecutors (“CoJP”), after which legal periods were suspended in ordinary and administrative proceedings, and after that amendments were made regarding meetings of consumer arbitration committees and legal periods.
Although the depth of the pandemic has already diminished, new regulations have been introduced that extend the validity dates of the said regulations.
Postponement of the Hearings
With the previous decision dated March 30, 2020 and numbered 2020/51 taken earlier by the CoJP, the ordinary and administrative hearings, except for urgent and certain matters, have been postponed until April 30, 2020. With the decision adopted by the CoJP General Assembly dated April 30, 2020, it was decided that the measures taken earlier should be extended until June 15, 2020. Full text of the CoJP General Assembly decision regarding the postponement of the hearings can be accessed here.
Suspension of Legal Periods
Previously, following the suspension of execution and bankruptcy proceedings, amendments were made with the Law No 7226 on Amending Some Laws regarding the suspension of legal periods. Our detailed explanations on this subject can be found in our article titled “Information Note on the Law No 7226 on Amending Some Laws” dated March 26, 2020.
With the Presidential Decree titled “Decision on The Extension of The Suspension Period Brought in Order to Prevent Loss of Rights”, published on the Official Gazette dated April 30, 2020 and numbered 31114 and entered into force at the same date, suspension periods are extended. With the said arrangement, the periods detailed in the abovementioned article in the ordinary and administrative jurisdictions have been suspended until the date June 15, 2020.
Since the date June 15, 2020, the deadline for the suspension of such periods, may be reconsidered if the danger of spreading the pandemic has been eliminated earlier, in our opinion, it is beneficial to follow the new regulations that can be made in order to avoid loss of rights. Full text of the Presidential Decree can be accessed here.
Amendments Regarding the Consumer Arbitration Committees
With the “Regulation Amending the Regulation on Consumer Arbitration Committees” prepared by the Ministry of Commerce, published in the Official Gazette No. 31095 dated April 10, 2020 and entered into force, amendments have been made to the working principles and legal periods regarding the consumer arbitration committees. Our detailed explanations on this subject can be accessed by means of our article titled “Suspension of Meetings and Legal Periods of Consumer Arbitration Committees Within the Scope of COVID-19 Measures” and dated April 10, 2020.
With the “Regulation Amending the Regulation on Consumer Arbitration Committees” published on the Official Gazette dated May 2, 2020 and numbered 31115, as explained in the abovementioned article in detail, last date for the suspension of periods for the meetings of the consumer arbitration committees, periods granted by the committee for the parties for the submission of information and documents, periods granted to experts to prepare their reports, period of notification of the verdicts of the committee and rectification decisions to the parties has been changed to the date June 15, 2020.
You can also find information about how the periods will commence to run after this date through the abovementioned article.
The full text of the Regulation can be accessed here.
You can contact us for further information and to take advantage of our advocacy and consulting services. You can find detailed information about our office’s work on Family and Persons Law, Criminal Law, Bankruptcy and Enforcement Law, Administrative and Tax Law, Labor and Social Security Law, Consumer Law on our website.
Uçar Law & Consultancy Office
This legal memorandum is prepared by Uçar Law & Consultancy Office for information purposes only, and the information and visual materials contained in it cannot be used, reproduced, published, transmitted to a third party or translated without prior written permission from us. This legal memorandum is not a comment or legal opinion and was prepared on 03/05/2020 and our attorney’s office is not responsible for its failure to update continuously.