The Constitutional Court Has Ruled That the Legal Interest Rate Applied to Claims in Cases of Incomplete Expropriation or Unlawful Taking Is Unconstitutional.
The decision of the Constitutional Court, dated June 27, 2024, with case number 2024/4 and decision number 2024/129, was published in the "Resmi Gazete". The Constitutional Court found that applying the legal interest rate to claims in cases of incomplete expropriation or unlawful taking is contrary to Article 46 of the Constitution, which mandates the highest interest rate for public debts. This ruling emphasizes that interventions in property rights must be proportional, fair, and in accordance with constitutional guarantees, leading to the annulment of the temporary 19th article of the Expropriation Law.