High Court: Strengthening the IPC Requires Constitutional Amendment and a Stand-Alone Referendum

The High Court issued a detailed statement regarding steps taken to strengthen the Immovable Property Commission and the preparation of constitutional amendments for a public referendum.

Steps Taken to Strengthen the Immovable Property Commission

The statement noted that the IPC conducts its proceedings under the Rules of Civil Procedure issued by the High Court pursuant to Article 154 of the Constitution.

Following the KV Mediterranean ruling of the Supreme Administrative Court and subsequent findings by the European Court of Human Rights (ECHR), the High Court made the necessary revisions. On 1 December 2025, amendments to the procedural rules were published in the Official Gazette (Issue 237) with the aim of accelerating proceedings. The court stressed that this amendment is the most significant development in the IPC’s action plan and was positively reflected in last week’s meetings in Strasbourg.

The statement added that the courts continue to function as an effective domestic remedy, as recognised by the ECHR.

Constitutional Amendment Referendum Prepared by the High Court

The High Court emphasised that increasing workload and the need to accelerate judicial processes make certain constitutional revisions unavoidable.

Accordingly, a constitutional amendment package has been fully prepared by the High Court.

Recalling that previous constitutional referendum attempts held simultaneously with elections had failed twice, the statement underlined that this amendment must be put to the public in a stand-alone referendum, separate from any election.

The High Court clarified that its proposal involves amendments to only four constitutional articles, all focused on resolving blockages within the judiciary.

Key Amendments Proposed

The Court outlined the proposed changes as follows:

• Article 143 – Increasing the number of judges:
  With rising caseloads, particularly in appeals, the High Court proposes expanding the number of judges and panels.

• Article 151 – Transition to a three-tier judicial system:
  The Court argues for the introduction of appellate courts between lower courts and the Supreme Court, covering civil, family and criminal matters. This structure, used in many countries, would significantly speed up judicial proceedings.

• Article 152 – Reforming the Supreme Administrative Court and establishing district administrative courts:
  Amendments would allow administrative courts to award compensation, eliminating the need for successful litigants to file separate civil claims. This would also resolve a deficiency highlighted in the KV Mediterranean judgment, making the IPC remedy more effective.

• Article 155 – Adding appellate courts to the Constitution:
  By inserting appellate courts and district administrative courts into the constitutional framework, the necessary legal foundation for their establishment would be created.

The statement stressed that no other constitutional changes are being proposed beyond these judicial provisions.

The High Court noted that the draft has already been shared with the President, Speaker of Parliament, Prime Minister, government officials and political party leaders, and will soon be presented to the public.

Concluding, the statement said the Court expects the Assembly to submit the proposed amendments to a referendum, and emphasised:

“The High Court is of the view that these limited changes—focused solely on improving citizens’ access to justice—must be presented to the public without delay.”