15 June 2020: A Kick-off to the "New Normal"
The Turkish legal system has been going through hardships during the COVID-19 pandemic, just as that of any other land. The system is affected on all fronts: People are unable to claim their rights, and the judiciary is unable to perform judicial services. Several precautions have been introduced by the authorities to this end.
The main provision applicable to the whole situation is Provisional Art. 1 (1) of the Code No. 7226:
As per Provisional Art. 1 (1) of Code No. 7226 (entry into force 26.03.2020) amended by the Presidential Decision No. 2480 of 30.04.2020, to prevent the forfeiture of rights emanating from the Covid-19 pandemic, all time limits:
- relevant to the birth, enjoyment and cessation of a right,
- prescribed for the parties by any Code which harbours procedural provisions,
- set by judges,
- about the mediation process,
- about the reconciliation process
have been suspended from 13.03.2020 (included) to 15 June 2020 (included)
AND
all time limits concerning enforcement and bankruptcy law have been suspended from 22.03.2020 (included) to 15.06.2020 (included).
One exception to the stay of periods is the enforcement proceedings on maintenance claims. Other exceptions are enlisted in Provisional Art. 1 (2) and specific circumstances regarding enforcement and bankruptcy law are enumerated in 1 (3).
Consequently:
- any time limit falling into the scope of Code No. 7226 is suspended until 15 June 2020 and will start to run on 16 June 2020.
- In case the time limit was expected to start on any date in between, it will start on June 16th.
The usual annual judicial recess is foreseen to be observed in 2020 since no change has been introduced thus far.