NEWSLETTER-2019-metin

92 NEWSLETTER 2019 Opinions of Non-executive Nature The Board may give explanatory opinions as to the basis of the authority conferred on it by Article 9 of the Law. Since such decisions do not have an executive result, they cannot be subject to annulment proceedings and, thus, cannot be considered as final decisions. Decisions regarding Interim Measures Articles 9/4 and 11/1(b) of the Law regulated the Board’s power to take interim measures. Accordingly, if the Board considers that there is a possibility of serious and irreversible damage, it may take interim measures in a manner that protects the situation before the violation can occur, provided that it does not exceed the scope of the final decision. It is difficult to determine whether interim measure decisions are, in actual fact, final or interim. In fact, an indication that interim measure decisions are not final decisions is mentioned in the third paragraph of Article 51 of the Law, where the quorums for meetings and decisions regarding interim decisions are set forth. The wording of the Article names interim measure decisions as interim decisions by stating, “ In particular, measures and recommendations ” requires a quorum for interim decisions. On the other hand, it is clear that pre- cautionary decisions can be the subjects of administrative lawsuits, separate from the final decision, as asserted in the doctrine, 4 as well as in practice. Article 55 of the Law prior to the 2012 amendment clearly states that interim measure decisions can be the subject of a lawsuit on their own. Although it is not explicitly stated in the current state of the provision that the interim measure decisions can be the subject of a lawsuit similar to how a final decision can be, it must be accepted that interim measures can directly be the subject of an annulment lawsuit considering the right of defence, since interim measures are likely to directly and significantly affect the rights of the undertakings. In any case, it should be emphasized that interim measure decisions are in- terim decisions in terms of meeting and decision quorums. 4 Aslan , p. 786.