Amendment Regarding the Turkish Civil Code with No. 4721
Contents
- I. Introduction
- II. Relevant Article Before and After the Amendment
- III. Effective Date
- IV. The Justification of the CC:
Sena Coşkun co-authored this article.
I. Introduction
In accordance with the Turkish Constitutional Court’s ("CC") Decision with No. 2023/34 E. and2024/60 K. dated 16.05.2024, an amendment has been made in the 2ndsub-article of the Article 27 of the Law upon objection. With the decision, the following part of the article sub-article 2 of Article 27 of Law has been annulled by CC: “…it shall be announced.”
Under the Law, real persons are able to request a name alteration from a judge by applying to the court in case of a valid reason. The alteration of name shall be registered to the civil registration records. However, the obligation to announce the alteration of the name has been annulled.
II. Relevant Article Before and After the Amendment
Before the Amendment | After the Amendment |
“The alteration of name shall be registered to the civil registration records, and it shall be announced.”
|
“The alteration of name shall be registered to the civil registration records, and |
III. Effective Date
The annulment will enter into force after 9 months as of the publication date of the CC’s decision in the Official Gazette dated 16.05.2024.
IV. The Justification of the CC:
According to Article 20 of the Constitution of The Republic of Turkey (“Constitution”), everyone has the right to request the protection of his/her personal data. This right includes being informed of, having access to, and requesting the correction and deletion of his/ her personal data, and to be informed whether these are used in consistency with envisaged objectives. In this context, CC examined the application, acting from the point that a real person's name is a personal data within the legislation of the personal data protection.
Article 13 of the Constitution refers to the fundamental rights and freedoms shall only be restricted by law. The provision does not include the scope, content, form, or procedure of the announcement. Therefore, the Law, which restricts fundamental rights and freedoms, is not regulated specifically and predictably. In sum, since the scope, content, form, or procedure of the announcement were not determined, the relevant provision has been annulled by the CC.
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