7499 Sayılı Kanun Sonrası Hükmün Açıklanmasının Geri Bırakılması Kararlarının Kanun Yolu Denetiminde Gerçekleşen Değişimler

Significant changes have been introduced to the legal remedies review of

decisions on deferral of pronouncement judgment through Article 15 of Law No.

7499. Previously, only the objection remedy was available against decisions on

deferral of judgment pronouncement; however, with this regulation, the scope of

objections has been narrowed. Appeal review and cassation remedies have now

been provided for the review of decisions on the deferral of judgment

pronouncement. The Constitutional Court's decisions on individual applications

and annulments, stating that the objection remedy is not an effective review

mechanism, form the basis for this change. With the new regulation, subjecting

decisions on the deferral of judgment pronouncement to appeal review and

cassation has made it possible to conduct a legal examination in terms of both

procedure and principle. Thus, the aim is to reduce violations of rights by

introducing more effective supervision. In this study, the legal nature of

decisions on the deferral of judgment pronouncement is examined first. The

amendments introduced by Law No. 7499 and regulations of the Provisional

Article necessitate a re-evaluation of the legal nature of the institution.

Subsequently, information on the annulment decisions of the Constitutional

Court and the legal remedies of objection and appeal review is provided.

Finally, the potential issues that may arise from the changes in legal remedies in

the review of the deferral of the pronouncement judgment are discussed and

various suggestions are made on the subject.