This article conducts an in-depth examination of how the right to property, guaranteed by the Constitution, is violated as a result of illegal actions by the administration, and the problem of expropriation without expropriation that this situation causes. The study states that expropriation without expropriation arises when the administration, under the pretext of carrying out public services, intervenes in private real estate without following the procedures stipulated by law. This situation creates both a legal vacuum and a serious source of injustice for property owners. The article addresses the nature of the right to property and its legal basis in Turkish law, detailing expropriation as the only legal way this right can be limited and its fundamental characteristics. It emphasizes that expropriation without expropriation differs from similar concepts such as expropriation, requisition, and temporary occupation in that it lacks a legal basis. It is noted that these actions by the administration are more in the nature of an unlawful act than an administrative action and that this situation violates the prohibition on infringing the essence of the right to property. The study also comprehensively presents the legal remedies that property owners can pursue against expropriation without expropriation. These remedies include judicial remedies such as the lawsuit for the prevention of intervention, the lawsuit for value, the lawsuit for compensation, and the lawsuit for usufruct, as well as international mechanisms such as individual application to the Constitutional Court and application to the European Court of Human Rights,which can be pursued if domestic remedies are exhausted (Nuredin, 2022). The article points to the inadequacy of current legal regulations and the negative effects of restrictive provisions such as the Provisional Article 6 on the right to property, and it underscores the need for a more just and comprehensive legal regulation in this area. In conclusion, it is stated that new solutions to the problem of expropriation without expropriation must be in line with the principles of the rule of law and the understanding of the protection of fundamental rights.
Zeynep Deniz İPEKOĞLU (Tue,) studied this question.