The constitutional judgement and its implementation (in the sense of appeals)

The scope of the Audit for Consistency with the Constitutional Law, implemented by theConstitutional Court consists of the laws, decree laws, the Private Statues of the Grand NationalAssembly of Turkey, and the modifications of the Constitutional Law limited with the format.The audit of a law, or the other norms indicated in the Constitutional Law in the sense ofsubstantiality consists of the audit for their consistency with the Constitutional Law. The audit in thesense of format means whether the norm which is being investigated for its consistency with theConstitutional Law is in compliance with the terms and provisions indicated in the Constitutional Lawand the Private Statues of the Grand National Assembly of Turkey.The audit by the means of appeal is being implemented by devolving the problem ofincompliance with the Constitutional Law to the Constitutional Court by the Court dealing with the suit.In accordance with the provisions of the Constitutional Law of 1982; the audit for compliance with theConstitutional Law by the means of appeal is implemented under the condition that a Courtproceeding with case decides that the provisions of a law or a decree law are not complying with theConstitutional Law, or under the condition that the concerned Court decides that the objection of aparty concerning the incompliance of the law with the provisions of the Constitutional Law; and as aresult the Court?s devolving the case to the Constitutional Court. The objections may be made by theCourts. The parties of the case do not have the right to commence a suit.In order to appeal to the method of objection, there are no time delimitations as it is the case incancellation cases. The objections may be aroused under any conditions and at every phase of thecase.The Constitutional Court shall make a decision on the case and declare its decision within 5months after the case is brought to it. Under the condition that the Constitutional Court does not makea decision on the case within that period, the concerned Court makes a binding decision inaccordance with the provisions of the laws in force. However, under the condition that the decision ofthe Constitutional Law is declared before the decision of the concerned Court on the principlebecomes final, the concerned Court shall obey the decision of the Constitutional Court.Unless 10 years has not passed after the issuing of the decision of the Constitutional Law onthe refusal, a new application can not be made concerning the incompliance of the law with theConstitutional Law.