How Can an Expelled Association Member Challenge the Decision?

Administration, General Assembly and Liability

Prepared by: Constantinople

The remedy for an expelled association member cannot be determined without reviewing the expulsion provisions in the constitution and identifying which body made the decision. The Turkish Civil Code distinguishes between constitutions specifying grounds for expulsion and those that do not. If grounds are listed, challenges arguing that they cannot constitute justified grounds are limited; this does not put every decision beyond procedural and statutory scrutiny. If the constitution contains no provision, assessment of justified grounds becomes separately important.

The admission resolution, current constitution, expulsion decision and reasons, method of notification, defence and objection letters should be examined together. If unpaid dues are alleged, period and payment records are required; if other conduct is alleged, documents concerning the particular event are needed. Board and general assembly decisions do not belong to the same procedural stage. Bringing proceedings without exhausting the internal association review remedies required by law may cause problems. Conversely, failing to record dates during internal proceedings increases the risk of losing rights.

First identify the act that terminated membership and the stage reached by the challenge. If setting aside a general assembly resolution is contemplated, special time limits are calculated separately; correspondence with the administration cannot be said to suspend them automatically. The outcome sought may be continued membership, correction of the register or another remedy.