Constitutional Court’s Decision on the Suspension of the Pronouncement of Judgment Institution…
According to the second sentence of Article 88, paragraph 18 of the Social Insurance and General Health Insurance Law No. 5510, SGK (Institution) could not be sentenced to bad faith compensation even if the conditions were met.
However, with its decision dated 09.05.2024 and numbered 2021/114 E. 2024/102 K., published in the Official Gazette on 24.07.2024, the Constitutional Court decided to annul the provision stating that SGK could not be sentenced to bad faith compensation.
Indeed, the Constitutional Court summarized the following regarding this claim:
- The Institution, based on the provisions of the law, holds the position of “creditor” in the context of enforcement proceedings, meaning there is no use of public power in the pursuit and collection of claims in this context,
- Furthermore, there is no valid reason to exempt the Institution from paying compensation in cases where it initiates enforcement proceedings in bad faith, especially considering that the Institution has certain advantages over other individuals who initiate enforcement proceedings. This unequal treatment between the Institution and other individuals initiating enforcement proceedings violates the principle of equality,
Thus, as of 24.07.2024, SGK (Institution) can no longer be exempted from bad faith compensation. In other words, if it is found that the enforcement proceedings initiated by the Institution are unjust and in bad faith, compensation can be awarded against it.
