A working group meeting on “Collateral Damage in the Context of Fundamental Rights”, was organised between the Constitutional Court and the Court of Cassation, in Ankara on 8 April 2025. The meeting began with opening remarks delivered by the President of the General Assembly of Civil Chambers of the Court of Cassation and the Vice-President of the Constitutional Court, both of whom underlined the importance of convening to examine how the protection of fundamental rights and freedoms can be enhanced through the analysis of concrete group of cases.
The event gathered 102 participants including judges, academics and legal practitioners to explore how collateral damage is addressed across various legal frameworks and to assess its broader implications for the protection of fundamental rights. The event is expected to make a significant contribution toward harmonising judicial approaches on this issue.
The discussions centred on two critical topics: “Collateral Damage and Loss of Value in Compensation and Debt Claims”, and “Collateral Damage and Loss of Value in Expropriation and Non-Expropriation Cases.”
The meeting brought together a wide range of perspectives, combining theoretical insights from leading academics, as well as practical viewpoints shared by rapporteur judges from both courts, seconded judges, and practicing lawyers. This diversity of expertise supported a rich and nuanced discussion. The meeting concluded with an interactive Q&A session, offering participants an opportunity to further engage in discussion and clarify key legal and procedural nuances.
This event forms part of a broader initiative to assess the effectiveness of Türkiye’s individual application system before the Constitutional Court, aligning with efforts to evaluate the implementation of Constitutional Court judgments and to develop recommendations for improving the system, particularly in preventing repetitive applications through greater consistency of case law between the country’s two high courts.
The Joint Programme on “Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the Field of Fundamental Rights” is co-funded by the European Union and the Council of Europe and implemented by the Council of Europe. The Turkish Constitutional Court is the end beneficiary of the Project.
