Official Gazette – October 2025 Legal Changes

Official Gazette – October 2025 Legal Changes, was shaped by critical legal regulations that set Türkiye’s medium- and long-term strategic directions and went beyond mere administrative routines. The legislation published during this period focused on three main axes: a green transformation focused on environmental sustainability (the National Circular Economy Circular), the reorganization of public finances through centralized economic planning (the 679.4 billion TL investment program for state-owned enterprises (SOEs) set for 2026), and the strengthening of the right to a fair trial by the higher judiciary within the scope of protecting fundamental rights (the Constitutional Court’s annulment of the reinstatement mediation process). While Presidential Circulars and Decisions predominate, demonstrating the executive’s power to determine national strategies, the Constitutional Court decision, which redefined the constitutional boundaries of a procedural law institution, broadened the legal spectrum of this period by fundamentally changing legal practice.

I. INTRODUCTION: STRATEGIC INTERPRETATION OF THE OCTOBER 2025 LEGISLATIVE AGENDA

A. General Trends and the Legal Spectrum of October Legislation

The October 2025 Official Gazette agenda, transcending typical administrative routines, concentrated on three main axes that embody Turkey’s medium- and long-term strategic directions: the green transformation focused on environmental sustainability, the restructuring of public finance through centralized economic planning, and finally, the strengthening of the constitutional right to a fair trial and access to court by the high judiciary within the scope of fundamental rights protection.

The legal hierarchy of the legislation published during this period is predominantly comprised of Presidential Circulars, Presidential Decisions, and Regulations. This distribution confirms the high power of the executive branch in determining and implementing national strategies, showing that legal frameworks are rapidly adapted to current policies. This report expands its analytical scope by examining the sectoral and administrative impacts of these executive decrees announced in the Official Gazette, as well as addressing a critical Constitutional Court (AYM) decision that generated a fundamental change in legal practice.

B. Position of Critical Regulations within the Legislative Hierarchy

The prominent regulations in the October legislation occupy different positions in terms of legal bindingness and area of impact.

1. Circular 2025/17 (Circular Economy): This document is positioned as a strategic policy document rather than a legal norm. Although it does not directly impose legal obligations, its preparation under the coordination of the Ministry of Environment, Urbanization and Climate Change (MEUCC) provides a binding vision and framework for all future administrative regulations, incentive mechanisms, and secondary legislation. It obligates all public institutions to act in line with the determined national goals.
2. Decision 10501 (SEE Investment Program): This Presidential Decision was published pursuant to Statutory Decree (KHK) No. 233. It embodies the executive organ’s financial planning authority over state enterprises and plays a critical role in achieving the 2026 macroeconomic stability targets.
3. AYM Decision 2025/121: This decision, which annulled an article of the Labor Courts Law No. 7036 through norm control, is an intervention from the highest level of the legal hierarchy. It guarantees that procedural law institutions, such as mandatory mediation, remain within constitutional boundaries. The decision is the most effective legal development directly changing legal practice in the context of the right to access court.

II. CIRCULAR ECONOMY AND RESOURCE MANAGEMENT REGULATIONS IN ENVIRONMENTAL LAW

A. Analysis of the National Circular Economy Strategy and Action Plan (2025-2028) (Circular 2025/17)

Presidential Circular No. 2025/17, published in the Official Gazette dated October 18, 2025, put the National Circular Economy Strategy and Action Plan (2025-2028) into effect. Circular responds to challenges caused by environmental problems such as global climate change, water scarcity, and increasing waste quantities. The legal background and purpose is to accelerate the transition to a resource-efficient economic structure, aligned with the 2053 net zero emission vision, by making Turkey’s Zero Waste approach a national strategic priority.

The Plan was prepared by the Ministry of Environment, Urbanization and Climate Change (MEUCC) in collaboration with public and private sector stakeholders. Strategic objectives are categorized under circular products, waste prevention, reduction, and the dissemination of the circular economy. 53 actions will be implemented under the responsibility of 44 institutions and organizations to achieve 6 strategic goals in total. The Plan focuses on the goal of raising the recycling rate to 70% by 2053, while annual added value between 210 billion TL and 350 billion TL is projected to be achieved through renewed production technologies and waste management.

This strategy indicates that environmental law is moving beyond mere post-pollution control and is being positioned at the center of national industrial and investment policies. The emphasis on “eco-design, innovation, and investment” in the Circular signals that legal obligations will now begin at the very start of the production process. New regulations mandating resource efficiency at the design stage of products are foreseen to achieve sustainability goals. This trend implies that rapid legal compliance will be required in industrial and commercial law during Turkey’s alignment process with the Green Deal and the Customs Union.

At the institutional level, public institutions and organizations responsible for activities within the scope of the Action Plan are obligated to send progress reports to the MEUCC every six months. This centralized reporting and monitoring mechanism has significantly increased the MEUCC’s regulatory and supervisory authority over other sectors and public institutions, positioning the Ministry as a legally and administratively ‘super-regulator’ in the implementation of green economic policies. Parallel to this strategic transformation, the Regulation Amending the Water Pollution Control Regulation, published in October, confirms the commencement of secondary legislative actions towards tightening environmental standards and inspection mechanisms.

National Circular Economy Strategy (2025-2028) Key Legal/Economic Outputs

B. Amendment to the Regulation on the Administration of Treasury Immovable Properties

Another significant regulation published in the Official Gazette dated October 18, 2025, is the amendment adding new provisions to the Regulation on the Administration of Treasury Immovable Properties. With this amendment, a new article (Article 74/B) titled “Leasing of Nation’s Gardens (Millet Bahçelerinin kiraya verilmesi)” is added to follow Article 74/A of the original Regulation dated 19/6/2007.

The new article regulates the procedure for leasing commercial units located on Treasury immovable properties within areas designated as “Nation’s Gardens” by the MEUCC. Accordingly, these commercial units may be leased out via a protocol to institutions, organizations, and their affiliates/subsidiaries affiliated, related, or associated with the Ministry, using the sharing of revenue and/or income method, for the purpose of ensuring the execution of management practices such as maintenance, repair, security, cleaning, and similar operations of these gardens.

This regulation provides significant flexibility at the intersection of administrative law and public finance. The leasing of commercial units in Nation’s Gardens can be transferred directly via protocol to organizations related to the Ministry, deviating from classic public procurement procedures (Law No. 4734 on Public Procurement). This approach aims for the administration to achieve a faster and more holistic management standard in service procurement. The preference for the revenue sharing model helps minimize administrative risks while allowing public affiliates (e.g., companies associated with TOKİ) operating with a private sector logic to be rapidly involved. Nevertheless, this exceptional leasing procedure requires careful monitoring in terms of the principles of competition and transparency in the management of public resources.

III. 2026 STRATEGIES IN PUBLIC FINANCE AND ENTERPRISE MANAGEMENT

A. Legal and Economic Analysis of the State Economic Enterprises (SEE) 2026 General Investment and Financing Program (Decision 10501)

Presidential Decision No. 10501, published in the Official Gazette dated October 18, 2025, concerns the determination of the General Investment and Financing Program for State Economic Enterprises and their Affiliated Companies for the year 2026. The Decision was prepared pursuant to KHK No. 233, and its main purpose is to ensure that state enterprises utilize national resources effectively and efficiently and maximize their own value.

The scope of the Decision is quite broad; it covers State Economic Enterprises (SEEs) and their affiliated companies subject to KHK No. 233, as well as organizations subject to Law No. 4046 on Privatization Practices, where more than 50% of the capital is publicly owned. Looking at the financial targets, the total investment target for Public Enterprises in 2026 has been determined as 679.4 billion TL with this Decision.

This high investment target clearly demonstrates the continuation of a centralized and state-supported investment model in strategic sectors of the Turkish economy (energy, infrastructure, transportation, etc.) through state enterprises. This confirms that SEEs maintain their mission as commercial entities as well as public service and macroeconomic infrastructure development. From a legal perspective, this situation raises the question of how the commercial efficiency targets envisioned by KHK No. 233 are balanced with this massive public investment obligation.

Furthermore, it is noteworthy that the scope of Decision 10501 includes organizations subject to the Privatization Law. This indicates that these organizations remain within the privatization process while also being included in a comprehensive investment program for 2026. Targeting “marketability” on one hand, while undertaking large-scale investments on the other, necessitates a cautious approach from these organizations in terms of legal and financial risk management. The Decision underscores accountability principles in the program’s implementation, referencing monitoring mechanisms such as independent audit institutions.

State Economic Enterprises 2026 Investment Program (Decision 10501) – Legal and Financial Framework

IV. STRENGTHENING THE RIGHT TO ACCESS COURT WITH THE CONSTITUTIONAL COURT IN LABOR LAW

A. Detailed Legal Analysis of the AYM’s Decision to Annul Law No. 7036, Article 3/15 (E. 2024/157, K. 2025/121)

Although not included in the October legislation, the most important current development that fundamentally changes legal practice is the Constitutional Court’s (AYM) decision dated June 3, 2025, E. 2024/157, K. 2025/121. With this decision, the 15th paragraph of Article 3 of the Labor Courts Law No. 7036 was annulled.

The annulled provision required the joint participation of the employers in the mediation meetings and the consistency of their wills for an agreement to be reached in mediation processes requested for reinstatement in cases involving a principal employer–subcontractor relationship.

The application to the AYM and the main justifications were based on the premise that this requirement placed an excessive burden on the employee, and that identifying the identity of the principal employer was often practically impossible for the worker. In practice, if one of the employers failed to attend the meetings, the lawsuit filed by the worker was rejected on procedural grounds because the prerequisite for filing a lawsuit was not met, which effectively restricted the right to access court guaranteed by Article 36 of the Constitution.

In its decision, the AYM acknowledged that the rule served a legitimate aim, such as the early resolution of the dispute, but determined that the means chosen to achieve this aim (the obligation to bring both employers together) exceeded the limits required by the principle of proportionality (Constitution Art. 13). The Court concluded that this condition, which was beyond the control of the employee, created a disproportionate restriction on the right to access court.

This decision, while not questioning the existence of mandatory mediation, confirms that this procedure cannot be used as a restrictive “limitation tool” on fundamental rights in its operation. The annulment makes the mediation process more practical for the employee while preserving mediation as a prerequisite for filing a lawsuit. The employee can no longer be deprived of the right to access court on the grounds that the prerequisite for filing a lawsuit is incomplete due to the non-participation of the other party (the principal employer) when applying to the subcontractor.

For employers (especially companies in a principal employer–subcontractor relationship), this decision will fundamentally change their legal strategies. Before the annulment, the principal employer could ensure the procedural rejection of the lawsuit by not participating in the mediation process or not submitting their statement of intent. This procedural escape route is now closed, forcing employers to defend their legal responsibilities on a substantive basis. This decision shifts the burden of process management away from the employee and back to the employer side, who is better positioned to know and manage the legal relationship.

Reinstatement Mediation Process (Principal/Subcontractor) – Change After AYM Decision

V. PROTECTION OF CULTURAL HERITAGE AND ADMINISTRATIVE RESTRUCTURING

A. Regulation on the Identification and Registration of Manuscripts and Rare Printed Works (Presidency of the Turkish Manuscripts Institution)

The Regulation on the Identification and Registration of Manuscripts and Rare Printed Works, published in the Official Gazette dated October 18, 2025, was prepared by the Presidency of the Turkish Manuscripts Institution. The Regulation sets forth the procedures and principles regarding the identification, registration, and acquisition of manuscripts and rare printed works located in public institutions and organizations by libraries. Its legal basis is Law No. 2863 on the Protection of Cultural and Natural Heritage, dated 21/7/1983.

A significant legal innovation is the clarification of the definition of “Rare printed work”: this term refers to books, booklets, and rare printed periodicals of historical and cultural value published before the effective date of the Law on the Acceptance and Implementation of Turkish Letters, dated 1/11/1928.

The Regulation stipulates the establishment of the Work Registration Commission to carry out registration procedures. For objections to the Commission’s decisions, the Higher Work Registration Commission, convened within the Presidency and whose decisions are final, has been authorized.

The legislation reinforces state control over cultural heritage through a legal instrument. Article 10 of the Regulation explicitly reserves the Presidency’s pre-emption right (prior purchase right) arising from Article 24 of Law No. 2863. This indicates that the registration process is more than just a cataloging activity; it is a legal process that affects property law and secures the Presidency’s priority position in the transfer of works. This grants the Turkish Manuscripts Institution a say, particularly in allocation or transfer procedures between public institutions.

In terms of the predictability of administrative legislation, Article 13 of this Regulation states that the previous Regulation on the Identification and Registration of Manuscripts and Rare Printed Works, published just one month earlier on September 5, 2025, has been repealed. The revision and re-publication of a complete set of regulations within such a short period (September to October) suggests that either serious legal gaps or critical malfunctions in application were identified in the previous text, posing a subject of analysis regarding the stability of administrative regulations.

B. Other Administrative and Sectoral Regulations

Other important administrative and sectoral regulations published in October also exist. These include amendments to the Water Pollution Control Regulation and the Commercial Inspectorate Regulation, as well as amendments to the Quality Regulation Regarding Distribution and Retail Sales Activities in the Electricity Market. These regulations aim for technical compliance and updates concerning environmental goals (Water Pollution Control), administrative audit authorities (Commercial Inspectorate), and service quality standards in the energy sector (Electricity Market).

Furthermore, the Regulation on the Repeal of the Turkish Cooperation and Development Administration Presidency Archive Services Regulation and the publication of the TİKA Disciplinary Supervisors Regulation, which concern the internal administrative structure of the Turkish Cooperation and Coordination Agency (TİKA), should be evaluated as part of a comprehensive internal organizational restructuring process for the Agency.

VI. CONCLUSION, PRACTICAL IMPACTS, AND SECTORAL RECOMMENDATIONS

A. Assessment of October Legislation in Terms of Legal Certainty and Predictability

The October 2025 period legislation simultaneously addressed three critical dimensions of Turkey’s legal and economic transformation. Firstly, Presidential Circular 2025/17 and Decision 10501 confirmed that the executive branch exhibited strong guidance and centralized planning regarding the transition to a green economy and strategic public investments. This means that the future regulatory environment will be shaped, particularly around sustainability goals.

Secondly, the AYM’s Decision No. 2025/121 played a balancing role against the use of procedural institutions, such as mandatory mediation, as a tool to restrict fundamental rights by the high judiciary. This balance established in favor of the right to access court has increased legal certainty and redefined the boundaries of the right to a fair trial in procedural law.

Thirdly, the rapid and sequential legislative changes seen in areas such as the Manuscripts and Rare Printed Works Regulation indicate high administrative determination in protecting cultural heritage, but also that these processes have not yet achieved full stability in terms of predictability.

B. Structural Compliance Recommendations for Relevant Sectors

1. Compliance for Environmental and Industrial Sectors:The high-standard “eco-design” and resource efficiency requirements introduced by the National Circular Economy Action Plan will create significant investment costs for industrialists. It is mandatory for companies to initiate compliance processes early and restructure their internal audit/reporting mechanisms according to sustainability goals, in light of the MEUCC’s authority to request bi-annual progress reports.
2. Change in Legal Strategy for Employers (Principal/Subcontractor Relationship):Following the AYM decision, the strategy of seeking procedural rejection in reinstatement claims mediation based on the non-participation of the other employer has lost its legal basis. Principal employers must actively respond to mediation invitations and clarify their legal positions substantively from the outset to minimize legal risks. Otherwise, the risk of direct involvement in the judicial process increases, as the barrier to accessing court has been removed.
3. SEEs and Public Procurement Law Areas:The 679.4 billion TL investment target set for SEEs for 2026 will create immense vitality in the public procurement market. It is crucial for private sector players to operate with an expectation of transparency and financial discipline within the framework of the audit and accountability principles introduced by Decision 10501 when participating in these projects.
4. Cultural Heritage Collectors and Institutions:The registration requirement and the pre-emption right application introduced by the Manuscripts Regulation will create a restrictive effect in favor of the State on future ownership transfers of works located in public institutions. Institutions are advised to quickly complete the registration processes and coordinate closely with the Manuscripts Institution to secure the legal status of these works.
5. Procedures and Principles Regarding Drought-Resistant Landscape Applications (Decision 10502):Presidential Decision No. 10502 demonstrates that administrative measures are being taken against water scarcity and the effects of climate change. The determination of procedures and principles regarding drought-resistant landscape applications is a harbinger of a structural change aimed at increasing resource efficiency in water management and urban planning. Although the details of this decision have not yet been fully analyzed, it is important as it shows that environmental sustainability goals (as stated in Circular 2025/17) are being transformed into concrete administrative decisions.