Critical threshold in nullity case: What happens if the Court of Cassation lifts the injunction?

A critical juncture has been reached in the CHP's "nullity" case, as the party's appeal has been forwarded to the Court of Cassation. This move has ignited discussions about whether the case can be heard during the ongoing judicial recess, which began yesterday and will last until September 1.

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If one or both parties to the lawsuit request that the case be heard preferentially during the judicial recess, and if the duty court of the Court of Cassation accepts this request, the merits of the case can be examined.

According to legal experts, if either party requests an "urgent review" of the case and the duty court at the Court of Cassation accepts this request, the substance of the lawsuit could be examined. Applications related to injunctions, however, can be evaluated during the judicial recess under the Code of Civil Procedure.

Erdal Sanlı, retired First Deputy President of the Court of Cassation and President of the General Assembly of the Court of Cassation, explained that the case could be addressed during the recess if a party files a request for priority review. "If one or both parties to the lawsuit request that the case be heard preferentially during the judicial recess, and if the duty court of the Court of Cassation accepts this request, the merits of the case can be examined," Sanlı stated.

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If the court decides to lift the injunction, since the case has not yet concluded, this case will proceed as if it never existed, and the old administration, meaning the Özgür Özel administration, will continue.

Sanlı further elaborated on the potential consequences if the injunction is lifted. "If the court decides to lift the injunction, since the case has not yet concluded, this case will proceed as if it never existed, and the old administration, meaning the Özgür Özel administration, will continue," he explained. He added that if the Regional Court of Justice's 36th Civil Chamber had not issued the injunction, Özgür Özel's leadership would have continued. "If the Court of Cassation says 'I have lifted the injunction,' Özgür Özel will immediately return to his former position."

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If the Court of Cassation says 'I have lifted the injunction,' Özgür Özel will immediately return to his former position.

Sanlı emphasized that the duty court of the Court of Cassation must evaluate the request concerning the injunction. He advised that the CHP should request an expedited review for both the lifting of the injunction and the examination of the case's substance. "In summary, the Court of Cassation Duty Court must make a decision regarding the injunction, and it must address the CHP's request to lift the injunction. If the injunction decision by the Regional Court of Justice's 36th Civil Chamber had not been made, the Özgür Özel administration would have continued. If the injunction is lifted, Özgür Özel will return to his seat. What needs to be done is to request an expedited decision for the lifting of the injunction and the examination of the case's merits."

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In summary, the Court of Cassation Duty Court must make a decision regarding the injunction, and it must address the CHP's request to lift the injunction.