[Enter Court Information] TO THE HONORABLE COURT
CASE NO.: [Enter Case No. Information]
PETITIONER: [Enter Name Information]
OPPOSING PARTY: [Enter name information]
CASE:
SUBJECT: Violation of the Constitution
FACTS: 1-The ……. E numbered case currently being heard in your court against our client
is clearly contrary to the Constitution.
Namely:
a-)
b-)
c-)
2-Pursuant to Law No. 2707, published in the Official Gazette dated 25.09.1982
and finalized by public vote on 07.11.1982, Article 152 of the 1982
“A court hearing a case,
if it finds that the provisions of a law or a decree-law to be applied are contrary to the Constitution
and if it concludes that the claim of unconstitutionality raised by one of the parties is serious
, it shall stay the case until the Constitutional Court issues a decision on the matter.”
3-According to this article, if your court finds our claim of unconstitutionality to be serious
3-According to this article, if your court finds our claim of unconstitutionality to be serious,
it will be sent to the Constitutional Court for examination, and if the high court finds our objection to be valid and accepts it, the law in question will be repealed
and will no longer be applicable.
4-For the reasons explained, we request that the file be referred to the Constitutional Court for a decision on the unconstitutionality of the relevant article.
LEGAL GROUNDS: Article 152 of the Constitution
RESULT OF THE REQUEST: We request that the file be referred to the Constitutional Court for examination of the claim of unconstitutionality, and that the case be referred to the Constitutional Court for the conclusion of the examination by the high court.
REQUESTED OUTCOME: We request that your Court decide to refer the file to the Constitutional Court for examination of the claim of unconstitutionality and to postpone the case until the conclusion of the High Court’s examination.
ATTORNEY FOR THE PETITIONER
[Enter attorney information]