Just & Fair Law Firm

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NEWS

* (21 November 2007) The law on establishment and management of nuclear power plants and the sale of electricity produced by the power plant has been published in the Official Gazette

The law numbered 5710 on establishment and management of nuclear power plants and the sale of electricity produced by the power plant has been published in the Official Gazette on 21’st November 2007. The new law stipulates that the Turkish Atomic Energy Agency (TAEK) will set down the criteria required for companies that are willing to establish and operate a nuclear power plant. After the regulation is passed, Turkish Electricity Trade & Contract Corporation (TETAS) will open a tender for nuclear power plants. Under the law, the companies that will establish and/or manage a nuclear power plant will not have to get a license from the Energy Market Regulation Board (EPDK) before submitting their bids for the tender. The company that wins the tender will get the license before it starts fulfilling the project. At the end of the tender process, the awarded companies and TETAS will sign a contract. In accordance with the law, TETAS will buy all the energy produced in nuclear power plants.

* (20 September 2007) English version of the Turkish Penal Code has been published.

Translation of the Turkish Penal Law into English by experts, Professor Dr. Vahit Bıçak and Barrister Edward Grieves, has been completed in February. English version of the Turkish Penal Code has been published by Seckin Publishing.

* (30 August 2007) Just & Fair International Law Firm began a link with the European Law Student Association (ELSA).

In August 2007 Just and Fair International Law Firm began a link with the European Law Student Association (ELSA)- the worlds largest independent student association. Members of both the local and National Board approached the firm after hearing of Just&Fair’s increasingly strong reputation. An agreement was made between ELSA’s Student Trainee Exchange Programme (STEP) and Just&Fair International law office, which meant that ELSA members from all over Europe were eligible to apply for a traineeship there.

The first successful applicant was Leila Goodarzi, a post-graduate student from the UK, studying towards an LLM Masters degree in European and International Law at the University of Bristol. In August 2007 she arrived in Ankara as one of six selected European trainees – each one posted to a different firm within the city. During her time here Leila was primarily involved with specific environmental research, towards a publication that the office has been commissioned to produce, but she also became involved with translation and marketing work. In her good-by party Leila said; “I have never stopped being happy to be here, thankful for meeting such wonderful friends and grateful for such an amazing personal experience! In all, thank you for the opportunity to come here to Just and Fair and to see what the working environment here is like, I am extremely grateful and I value the opportunity”.

* (28 August 2007) Presidential Election in Turkey.

The process of electing the 11'th President of Turkey has been finalised with the election of Mr. Abdullah Gül. As Head of State, the President of the Republic is one of the twin heads of the executive branch, the other being the Council of Ministers. In this capacity s/he represents the State and the unity of the Turkish Nation. S/he is responsible for ensuring the implementation of the Constitution, and the regular and harmonious functioning of the organs of State.

The President is elected by the Parliament for a seven-year term, and s/he cannot be re-elected. The President of Turkey is elected by the Turkish Grand National Assembly from among its own members or from outside the Assembly. The nomination of a candidate for the Presidency of the Republic from outside the Assembly requires a written proposal by at least one-fifth of the total number of deputies. The candidates must also be over forty years of age and have completed their higher education. The President-elect, if a member of a party, shall sever his relations with his party and his status as a member of the Turkish Grand National Assembly shall cease.

Article 102 of the Constitution describes in detail the procedure for the election of the President. The President is elected by a two-thirds majority of the total number of members of the Parliament and by secret ballot. The election of the President begins thirty days before the term of office of the incumbent President expires or ten days after the Presidency falls vacant. If the Turkish Grand National Assembly is not in session, it shall be summoned immediately to meet. The election of the President is completed within thirty days of the beginning of the election. Candidates shall be declared to the Bureau of the Assembly within the first ten days of this period and elections shall be completed within the remaining twenty days. If a two-thirds majority of the total number of members cannot be obtained in the first two ballots, between which there shall be at least a three-day interval, a third ballot is held. The candidate who receives the absolute majority of votes of the total number of members shall be elected President of the Republic in the third round. If an absolute majority of votes of the total number of members is not obtained in the third ballot, a fourth ballot is held between the two candidates who receive the greatest number of votes in the third ballot. In case, the President of the Republic cannot be elected by an absolute majority of the total number of members in this ballot, new general elections for the Assembly shall be held immediately. The term of office of the incumbent President of the Republic continues until the President-elected takes office.

* (07 March 2007) The Turkish Mortgage Law has came into force.

The Mortgage Law, numbered 5582, came into effect on 6’th of March 2007. The Law which amends Various Laws regarding the Housing Finance System was published in the Official Gazette numbered 26454. The Turkish Mortgage Law, adopted by the Parliament on 21’st February 2007, introduces several new aspects and concepts for the lender and the borrower. The law introduces both fixed and floating interest rates to the housing loan sector. The new law will make mortgages available over long periods to house buyers who until now have had to rely on family borrowings or expensive short-term home loans from banks. It is estimated that there will be a need for 7 million homes in the next 10 years in Turkey. A detailed analysis of this new law may be obtained from our firm upon request.

* (25 January 2007) An continues learning activity was organised in our law firm’s office.

Every attorney in our law firm is required, not merely encouraged, to learn and develop new skills. An half day education seminar on USA immigration law was held in our law firm’s office in Ankara on 25’th of January 2007 with the participation of our lawyers and trainees. The presentation was made by Mr. Greg Berk, an attorney at law in the USA. Mr. Berk's practice is devoted exclusively to U.S. Immigration Law. He handles all aspects of immigration law. He has taught five semesters of Immigration Law as an Adjunct Professor. These programs are accredited by the American Bar Association. He was Chair of the Orange County Bar Association Immigration Law section in 2005 and Secretary in 2002 and 2003. Mr. Berk spends a great deal of time staying current on changes to U.S. Immigration Law for the benefit of his clients and students. Mr. Berk is also the author of “Immigration Concepts: A Primer for Law Students and Paralegals on the U.S. Immigration & Nationality Act 2004”.

* (17 January 2007) The Petroleum Law has been vetoed by the President of Turkey.

The Turkish Petroleum Law has been adopted by the Turkish Parliament on 17’th of January 2007. The Petroleum Law which is in force since 1954 will be replaced by the New Petroleum Law. But, the President of Turkey has returned back the new law to the Parliament. Four different reasons given for returning back are the facts of shortages regarding the “national interest” criteria in the allocation of drilling and extraction rights; in the exportation of the domestic production to the outside countries in times of difficulty and shortages; in the allowing of companies controlled by foreign governments to obtain the extraction rights; and diminishing of royalties from the licensed wells and the allocation of half of the royalties to the localities in which the production takes place.

* (1 September 2006) The Just & Fair Law Office and Property Lawyers Abroad Network Limited, an English company based in London, have agreed to co-operate together to ensure the better provision of legal services and advice to purchasers in England and Wales of residential property in Turkey.

Property Lawyers Abroad Network Limited (P.L.A.N) is a Management Company for an International Network of highly experienced Lawyers, providing an introductory facility to clients. P.L.A.N Interactive (PLANi), which enables all business partners, Lawyers and property purchasers to track and monitor the progress of their respective cases all over the world. P.L.A.N operates in the following worldwide locations: United Kingdom, Guernsey, Spain, France, Romania, Portugal, Morocco, Italy, Germany, Bulgaria, Croatia, Latvia, Hungary, Greece, Cyprus, Turkey, Brazil, USA & the Caribbean, Canada, Dominican Republic, South Africa, India, Thailand, China, The Channel Islands, Dubai, Hong Kong, and Singapore. Legal Services for the House Purchaser/Investor are providing legal advice on Sale/Purchases, undertaking complex and high value property work, dealing with All aspects of residential and commercial property and providing advice on Planning and Tax issues where applicable

* (1 July 2006) Just & Fair Law Office Signs Association With Leading Lebanese Law Firm.

Just & Fair, the international law firm, is to launch an association with the leading Lebanese law firm, Jamaleddine Law Firm. The new association is a strategically important step in the development of the firm's operations in and around the Gulf region. The association will take effect from 1 July 2006.

Ayse Bıcak, Director of Just & Fair Law Office comments: “We are delighted to have formed an association with one of Lebeon's most respected law firms, who we have worked with on a number of projects in recent years.”

“The amount of investment from the Gulf into fellow Muslim countries such as Turkey is growing rapidly. For example, some of the biggest infrastructure projects in Turkey are now being financed from the Gulf. In addition Turkish companies, particularly in the construction sector, are looking to increase their exposure to the Gulf economies.”

“This association will enable us to combine our commercial experience in the Middle East with Jamaleddine Law Firm’s local knowledge and continue to meet the changing needs of our Middle East based clients.”