NEWSLETTER-2020-metin

Significant Changes to be made in the Code of Civil Procedure* Att. Alper Uzun Introduction The proposal anticipating comprehensive amendments to the Code of Civil Procedure (“CPC”) entered into force on 01.10.2011 and certain other laws (“Proposal”) was submitted to the Grand National Assembly of Turkey (“TBMM”) Judicial Commission on 20.03.2020. 1 It is currently on the agenda of the TBMM. If these amendments are introduced, a total of 19 amendments will be made to the CPC during its 9-year period in effect. Although it is expressed by the law enforcer that the amendments are aimed at speeding up the trial process, just how fast the proceedings are to be accelerated is a subject of discussion. Academics who took part in the preparatory phase of the CPC also criticized that they had not been consulted about these amendments. 2 With the latest Proposal, which is currently on the agenda of the TBMM, regulations have been made on some issues that are alleged to prolong the trial process, cause excessive labor and overtime, and create uncertainty and hesitation in practice. Regulations Included in the Proposal Firstly, in accordance with the regulation to be made in Article 20 of the CPC, pursuant to the annulment decision of the Constitutional * Article of June, 2020 1 See https://www2.tbmm.gov.tr/d27/2/2-2735.pdf. 2 Prof. Dr. Hakan Pekcanıtez, Prof. Dr. OğuzAtalay, Prof. Dr. Muhammet Öze- kes : Hukuk Muhakemeleri Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun Teklifinin (2020) Değerlendirilmesi, https://blog.lexpera.com.tr/ hmk-ile-bazi-kanunlarda-degisiklik-yapilmasina-dair-kanun-teklifinin-2020-de- gerlendirilmesi/.