Constitutional Court Decision (2024/174) – Tourism Licenses and Authorities

1. Subject of the Decision

The Constitutional Court annulled the provisions in Law No. 2634 on the obligation of tourism operation certificate, ruling it unconstitutional (April 2025).

2. Amendments Introduced by the Decision

• - Obligation of Tourism Operation Certificate is still valid
• - The undefined discretionary power of the administration was annulled.
• - Licensing authority was returned to municipalities.
• - They can issue licenses to businesses without a tourism certificate.

3. Practical Outcomes

• - Unfinalized license cancellations will become invalid.
• - Finalized cancellations will not be affected, but businesses can reapply.
• - Authorities can no longer cancel licence based on lack of certificate.
• - Businesses can file full remedy lawsuits for unjust license cancellations.

4. Entry into Force

The decision will enter into force on December 24, 2025. New regulations may be introduced during this period.

SIGNIFICANCE

The decision sets an important precedent in terms of freedom of enterprise, local government authority, and environmental protection.

Yazar : Burak Koçak