The new foundations law and the seized property of minority foundations

Abstract

For a considerable time, minority foundations have been struggling with the problem of property seized by the state. The issue dates back to a 1970s decision of the Court of Cassation based on the 1936 declaration. According to this decision, real estate belonging to minority foundations began to be transferred to the Treasury, the General Directorate of Foun-dations, or third parties. By the end of the 1990s, minority foundations had carried their legal struggles from local spaces into an international arena: European Court of Human Rights. The relevant cases resulted in decisions against the Turkish state. As a consequence of steps taken within the framework of the European Union accession process as well as pressure from the West on the Turkish state in matters of human, and particularly minority rights, a new Foundations Law was adopted in 2008. This thesis examines internal and external dynamics behind the Foundations Law and concentrates on the historical processes that shaped those dynamics. Minority foundations are conceived as leading, rights-demanding, collective political actors. Changes in the conceptual and structural aspects of minority foundations have undertaken since the adoption of the law are assessed in a socioeconomic framework. The the-sis shows that multiple, distinct dynamics and actors have affected adop-tion of the Foundations Law. The study evaluates the interpretation and enforcement of the law by the state within the framework of current government policies.