The sole expectation of all the individuals and particularly native and foreign investors in our country is about that in 2005 a date for discussions to be agreed upon.

In case a positive decision is concluded than internal economy will be flourished and foreign capital flowing will be accelerated.

During the last term basic bureaucratic and judicial obstacles / hindrances being an important problem of foreign investor were abolished.

Following the three years after the date of discussions was given there’ll be many consequential judicial development for the Turkish Laws be at the same parallel with European Unity norms / rules and for the European Community Agreements and European Community Courts decrees to be executed, our Turkish Judicial System will have been restructured.

Though these changes will be probably resisted by some conventional groups yet as the younger generation of Turkish Lawyers, judges and district attorney will be quickly adopted to this new developments and the judicial trial process will have accelerated that way.

Besides as an alternative to the disputes between businessman lasting two-three years to come to an conclusion in courts. Istanbul chamber of commerce has nearly completed a National and International Arbitrary centre project.

It is being targeted the conflicts to be solved within six months.

That’s why we suggest businessmen and men of law to insert an arbitration close within the contracts.

Before the European Community meeting dated December 17- 2004, it’s being taken into consideration the Turkish Penal Procedure Law and Bank’s Law to be amended. According to the New Turkish Penal Procedure draft, the secret investigators be employed against the crimes of bribe and abuse malpractice being committed by organisations.

That new amendment will relieve the complaints by foreign investors.

In addition to a new judicial control system namely “Home Imprisonment” will take place in the New Penal Procedure Law, that is being applied in many European Countries. Consequently, during the investigations of some special crimes whose maximum penalty limit until three years, the suspects will have been taken under custody instead of being arrested. According to this new practise going abroad may be prohibited, regular resorting to certain places being determined by the judges, to be trained in certain matters, not to be allowed to drive certain vehicles or deliver the traffic/driver licences, for narcotic addictions to be treated by hospitals, for the injured party to be paid a certain amount of money, to declare guarantee to pay the alimony and some other methods will have been applied. Those who do not obey the prohibitions will have been immediately arrested.

From the next year on European Cyber Crime Agreement will begin to be applied in our country. By this way the pornographic sites and some others that are accessories to other type of crimes will have been tracked and arrested by Interpole in the International Scope.
Due to the new amendments in Turkish civil Code Concerning the Real Estate Law, a new mortgage system will have been applied from the new year on.

According to the new draft one fourth of the total amount of credit is to be paid in advance and the rest will be aid 20-30 years due dates. If the discussion of commencement date is determined for 2005 them this new mortgage system will enable the development of the construction and accommodation sectors and as a result of this new trend many foreign investors will rush into it.

For the time being there’s another project for the Government owned Land’s selling which will also arouse interest in the construction sector.

Another important matter is the amendment of Article 184, of the Turkish Penal Code namely those who build and make build a building without getting a licence from the Municipalities or build it against the licence, will be punished from one year to five of imprisonment. Those who allow any industrial enterprises in such building not licensed will be punished from two years to five years imprisonment.

Those who amend the buildings according to General construction plans or licence or pulling such buildings down that have been constructed without license or against licence will either be set free from trial and their punishments will be annulled.

As a conclusion we may express that European Community decision for the commencement of the discussions will enable Turkey to enter into a new reform process, following three years ago along with all the other developments.

In the field of law in my opinion, complaints about law will have diminished in a large scale and that will provide a more reliable media for everybody in the business life.