AYM: “Yassiada” is unconstitutional

The Constitutional Court annulled the article that the AKP had added to the law in 2013 to decontrol the “Island of Democracy and Freedoms” project in Yassıada.

The Constitutional Court issued the annulment decision at the request of the Sixth Chamber of the Council of State.

In the decision of the Sixth Chamber of the Council of State, it was emphasized that the purpose of the restrictive and procedural provisions regarding urban activities of all urban legislation, especially the Law of Coasts and the Law for the Protection of Cultural Assets and Natural, is the public interest.

“THE RIGHT OF THE CITIZEN TO MOVE FREELY”

In the decision, it was noted that projects and plans drawn up in accordance with the objectionable rule would abolish the right of individuals to freely use the coasts of Yassıada, structures contrary to the public interest could be built, and would also render ineffective the restriction provisions and procedure provided. by the law.

“IMPOSSIBLE TO CONTROL”

In addition, by removing the requirement that zoning regulations and practices carried out in Yassıada comply with zoning legislation, it will be impossible to control compliance of the practices and regulations subject to the rule with the legislation by the administrative boards, and in this sense, an unmonitored zone will be created in the zoning law, and this situation will lead to the State not fulfilling its duty of supervision and control in this sense, it was raised as an obstacle.

Consequently, the norm was declared unconstitutional.

“SAME CONDITIONS WITH SIVRIADA”

In view of this request from the Council of State, in the examination carried out by the Constitutional Court, in reference to the decision made in a similar situation with respect to Sivriada before, it was determined that the norm was equally unconstitutional.

AYM: CANCELED UNANIMOUSLY
Consequently, the Constitutional Court issued the following judgment:

On February 16, 2023, it was unanimously decided that the norm added to the law in 2013 was unconstitutional and ANNOUNCED.

WE OPEN TOGETHER Work on the island, which started in 2015, was completed in 2020. AKP leader Erdoğan and MHP leader Bahçeli made the opening. It was carried out with the cooperation of the Ministry of Culture and Tourism, TOBB, GTİ, in a build-operate-transfer model and was completed in 5 years by MESA. There is a hotel with 125 rooms, 30 bungalows, the Adnan Menderes Congress Center for 600 people, a mosque and a library on the island.

ITEM CANCELED:

“The article added to the Law for the Carrying out of Certain Investments and Services in the Framework of the Build-Operate-Transfer Model and that was repealed by the Constitutional Court is the following:

Additional Article 2.- (Annex: 03/04/2013-6456/27 art.) Ministry of Culture and Tourism, within the scope of this Law, in Yassıada and Sivriada, without subjection to the provisions of the third paragraph of article 4 . , professional organizations or higher organizations with the character of public institutions can carry out investments and services for cultural and tourist purposes through the celebration of a direct contract.

Professional organizations or higher organizations with the character of public institutions may carry out investments and services in the scope of this article by themselves or through other companies. The fact that these companies have completed a build-operate-transfer project before does not prevent them from undertaking a new project within the scope of this article.

Yassıada and (Destruction: With a Constitutional Court ruling dated 6/26/2019 and numeral E.:2018/70; K.:2019/54) (…) planning, zoning and construction practices and other standards 4/4 / It is not subject to the provisions of the Coastal Law of 1990 and number 3621 and to the restrictions and procedures of other legislations.