On the decision on the closure of the railway between Köseköy and Gebze, which is the usurpation of the right of the public to use the railway by road, a lawsuit has been filed by the Union for Ankara by the Union with the request of STOP and EXECUTIVE. The petition is below.
ADMINISTRATION OF ADMINISTRATION
ANKARA
PLEASE STOP EXECUTION
DAVACI: United Transport Workers Union / Ankara
ATTORNEY: Av. Salih EKİZLER 858 Sok. No.9 Floor: 2/206 Konak / İzmir
CAPITAL: TCDD General Directorate-Ankara
SUBJECT: It is a petition of lawsuit that includes the request of TCDD General Directorate to suspend and cancel the execution of the administrative act related to the closure of the railway between Köseköy and Gebze by using the Ankara-Istanbul-Ankara YHT (High Speed Train) Project as an excuse.
LEARNING DATE: 01.02.2012
EXPLANATIONS: TCDD General Directorate Traffic Department, Regional Directorates; The works between Köseköy-Gebze, which will form the last phase of Ankara-Istanbul YHT (High Speed Train) Project, with the transaction on 16.01.2012 and 4399 numbered and the operation of Pose Construction and Road Closing Works (Closing the Gebze-Köseköy Line Section to Train Traffic), starting from 01.02.2012 Haydarpaşa-Arifiye line section between Derince and Gebze (North-South roads) will be completely closed to train traffic as of 01.02.2012 (including) leaving a single line between Köseköy-Derince (including port connection). The construction period of the project in question is planned as 24 months, testing and commissioning works as 6 months.
Taking into account the scope of the works, the time when the road will be closed and the wagon and locomotive tourists on the date when the road will be closed to train traffic, the traffic arrangements described below were made in line with the request in the (b) letter of the Passenger Department.
According to this;
1-31.01.2012 (included) Regional Express trains 11619 / 11623 Adapazarı- Haydarpaşa,
2-01.02.2012 (included),
11601/11602/11603/11604/11605/11606/11607//11608/11609/11610/11611/11612/11613
Regional Express trains 11614 / 11615 / 11616 / 11617 / 11618 / 11620 / 11624 Haydarpasa-
Adapazarı-Haydarpaşa,
3-31.01.2012 (included) 11015 / 11016 no.
Capital Express, 11017 / 11018,
Sakarya Express with 11019 / 11020,
11023 / 11024 Republic Express Haydarpaşa-Eskişehir-Haydarpaşa,
4-31.01.2012 (included) since the 11207 Anatolian Express,
Ankara Express, 11209,
11201 Fatih Express Ankara-Haydarpasa,
5-01.02.2012 (included) 11208 from the Anatolian Express,
Ankara Express, 11210,
11022 conqueror Express Haydarpaşa-Ankara
6-31.01.2012 (included) since the date of Meram Express 71319 Konya-Haydarpasa,
7-01.02.2012 (included) since the date of Meram Express 11320 Konya-Haydarpasa,
8-01.02.2012 (included) 11410 / 41409 Eastern Express Haydarpaşa-Ankara- Haydarpaşa
9- 31.01..2012 (included) 51541 South / Kurtalan Express
01.02.2012 (included) Xangun Express Vangölü Express Ankara-Haydarpaşa
10-02.02.2012 (included) 11542 South / Kurtalan Express
04.02.2012 (included) Xangun Express Vangölü Express
Haydarpasa-Ankara
11-28.01.2012 (included) Transaysa Express 51511 Express Haydarpaşa-Ankara
12-31.01.2012 (included) Transaysa Express 11512 Express Haydarpaşa-Ankara
13-01.02.2012 (included) 11205 Bosphorus train from Haydarpaşa-Arifiye-Haydarpaşa
14-31.01.2012 (included) 11126 / 61125 Inner Anatolia Blue Train Haydarpasa-Arifiye-Haydarpasa,
-The service connections from the same date have been canceled between 11207 / 11208, 11209 / 11210, 11209 / 11210, S 11021 / 11022, Marşandiz-Ankara-Marşandiz.
On 15- 31.02.2012 (included), the Bosphorus train no 11205 will be shipped from Haydarpaşa to Arifiye by the 1st Regional Directorate.
16-11126 Arifiye-Adana (Arsenal departure 14.00)
11206 Bosphorus Train's connection to Arifiye-Ankara (Arifiye depart. 14.30) and S
11206 has been reorganized between Ankara-Marşandiz
Attachment pages are attached.
17- In Köseköy- derince section, the authority to open and close the roads is given to the 1st Regional Directorate so that one road is closed and one road is open to traffic.
18- The freight trains to be operated and to be canceled within the region and the load flow will be coordinated with the neighboring Regional Directorates. Due to the fact that the road will be closed, the transporting customers will be informed.
19- All kinds of precautions to be taken in the beginning and end points of Gebze-Köseköy line which will be closed to train traffic and in the areas of road, signal, electrification and other areas that will be excluded from the working area 1. It will be taken by the Regional Directorate.
saying,
All trains coming to Haydarpaşa have been suspended for 01.02.2012 months, with the excuse that the Ankara-Istanbul High Speed Train Project will start work between Köseköy and Gebze as of 30.
The procedure and action of TCDD General Directorate regarding the closure of the road to traffic in order to rehabilitate the Köseköy-Gebze railway line and to rebuild the road, using the High Speed Train Project as an excuse, Article 23 of the Turkish Constitution on freedom of travel and the main status of TCDD With the article titled "Scope" "In addition to the fact that it is contrary to Article 4 titled "Purpose and Activity Subjects of the Organization", the decision taken has to be suspended and canceled due to the lack of public interest. Namely;
As it can be understood from the above TCDD Traffic Department's transaction, the decision regarding the suspension of trains due to the closure of the railway between Köseköy and Gebze is a decision taken by the TCDD General Directorate. However, TCDD General Directorate does not have the authority to take such an important decision.
The decision belongs to the TCDD Board of Directors as it is a decision that is of great importance for the development of TCDD.
Therefore, the decision was not taken by the competent body, contrary to the procedure. Namely;
General Directorate of TCDD Enterprise is a State Economic Enterprise subject to Decree No. 233, and the basic principles of management are included in Decree No. 233.
In Article 233 titled Scope and Purpose of Decree No. 1;
1. This Decree-Law encompasses economic state entities and state-owned enterprises and their institutions, subsidiaries and affiliates.
2. Purpose of this Decree Law;
a) Establishment of economic state enterprises and state-owned enterprises and their institutions, subsidiaries, establishment of their subsidiaries in an autonomous manner and in accordance with the rules of the economy,
b) help the state institutions to contribute to capital accumulation by working in harmony with national economy and in accordance with economic principles in accordance with economic requirements and thus create more investment source,
c) To carry out the duties and public services assigned to them by the state economic organizations in accordance with the economic and social requirements in line with the efficiency principle,
d) In the case of economic state enterprises and state-owned enterprises and their institutions and affiliates, 17.4.1984 is concerned with
LawCooperation and coordination principles regarding the implementation of
e) To regulate the supervision of state economic enterprises, state economic organizations and their institutions and affiliated companies in order to achieve their objectives.
How and by whom the State Economic Enterprises will be governed by
5 with Organs of Enterprises. The agent;
- The bodies of the enterprise are the board of directors and the general manager.
- The Board of Directors is the highest level authorized and responsible decision-making body of the enterprise.
- The General Directorate is the competent and responsible executive body of the enterprise.
It is stated that the bodies that will manage the State Economic Enterprises are.
According to this regulation, the executive board is a decision-making body and the executive directorate is an executive body.
Of Decree "Duties and Powers of the Enterprise Board of Directors" The duties and powers of the Board of Directors in Article 9 titled are shown below.
1. To take decisions to ensure the development of the enterprise within the framework of the law, bylaws, regulations, development plans and annual programs,
2. To determine the principles and operational policies that will form the conditions for the efficient and profitable execution of the undertakings, institutions and subsidiaries,
3. To submit annual reports, annual reports and annual accounts of enterprises, institutions and affiliates in accordance with the annual and long-term work programs and to submit them to the relevant authorities,
4. To take decisions that will ensure coordination between institutions and subsidiaries,
5. To take decisions within fifteen days following the decision of the committee decision on the management committee decisions that may be made with the approval of the Board of Directors,
- Upon the proposal of the general manager; (…) (appoint staff to be recruited to heads of departments, institution managers or similar positions, () The phrase "assistant general managers" in the sub-clause 9 of the 1st paragraph of Article 6 is in the force of Law number 29.1.1990 dated 399.
Decree59. has been removed from the text in accordance with the provision.
- To follow the work of the General Directorate,
- To determine the principles of practice regarding the decisions to be taken by the Coordination Board regarding the purchase and use of vehicles by the enterprises,
- To carry out other duties assigned by law, bylaws and regulations,
- The Board of Directors may delegate some of their powers to the General Manager on condition that they clearly define their limits. But; the transfer of authority does not remove the responsibility of the board of directors.
According to the regulation in the form of TCDD, the Board of Directors has the authority to make decisions on an issue that will affect the development of the enterprise. The closure of the Köseköy-Gebze railway to 30 trains is a decision that should be included in the annual program as well as the economic loss of the enterprise and the fact that the railway transportation eliminates the right of the transportation of hundreds of thousands of people and should be taken by the TCDD Board of Directors. Taken by the Directorate.
The decision is also contrary to the principle of public interest. Namely;
TC. Constitution, Article 2 of noting that the social state of law of the Republic of Turkey states in Article 23 "to travel" is defined as a right and freedom.
At first glance, considering the fact that the procedure subject to the case does not restrict the freedom of travel or even has nothing to do with freedom of travel, considering the freedom of travel with the principle of Social State and considering that the basic duty of the state is to provide cheap and safe transportation to the public, both the principle of freedom of travel and social It is concluded that it is against the principle of state.
Because,
Traveling by rail means an economical and safe journey for travelers. It is certain that those who travel from Sakarya to Istanbul and from Istanbul to Sakarya with Sakaya-Haydarpaşa Regional trains are mostly students, workers and civil servants with low income. With the closure of the line, these passengers with low income will have to travel by land. However, land transportation is always more expensive and more unsafe than the railroad. Therefore, those who will suffer the most from the closure of the line are those with low income. For this reason, closing the line for transportation is also a decision against the social state principle.
With the closure of the line, many employees working in TCDD 1st Regional Directorate such as mechanic, train organization officer, movement officer, station manager, station chief, station chief, revisor, wagon technician will be idle for 30 months, and the state will suffer economically.
The decision is contrary to the TCDD Master status. Namely;
The purpose and field of work of TCDD are specified in the article 1 titled "Purpose and Scope" of TCDD Main Status. In the regulation included in this article;
The purpose of this Main Statute is; 8.6.1984 Date and No. 233 Republic of Turkey State Railways General Directorate constitutes owned state-owned legal structure of the organization under the name to include the Public Enterprises operates on the Law Decree is subject to the Decree and the Decree within the framework of the said Law, the purpose and scope , its bodies and organizational structure, the institution, its subsidiaries and affiliates, and other issues related to their relations. It is called,
4/1 titled "Purpose and Activity Subjects of the Foundation of the main status". In the article;
(With the decision of the different YPK dated 31.12.2007 and numbered 2007 / T-27) to build conventional, fast and high-speed new railways, to operate, expand, renew and complement the railways, ports, docks and piers given to it by the State . It has been stated that operating the railways in the country is among the fields of activity of TCDD.
TCDD General Directorate, citing the high-speed train project between Gebze and Köseköy as a reason for the action subject to the lawsuit, terminating all main line trains coming and going to Haydarpaşa Station and regional train (between Sakarya-Haydarpaşa) as of February 1, 2012, and it is against its duty stated in its Main Status. will act.
It can be argued that the aim of TCDD General Directorate in terminating these flights is the works to be carried out for the realization of the Ankara-Istanbul High Speed Train Project, and it is aimed to ensure the safety of life and property during the works, as well as to complete the works in a short time.
As it is known, the railway between Köseköy and Gebze is two lines, and while work is being carried out on the High Speed Train Project on one of this road (as can be seen from the images on the CD attached to the petition), it is possible to continue passenger and freight transportation on the other way.
Moreover, the subject of the case involved in the process "Köseköy-Derince (including port connection) will be closed to train traffic as of 01.02.2012 (included) as a single line will remain." indicates that the freight forwarding will continue in this part of the line (perhaps because of the prior contracts of the company with some companies).
In fact, while carrying out a work on the other line can be made from the transportation, then the passenger transport is terminated why. This is a clear indication that the principle of public interest is ignored in the decision taken.
The main idea underlying this decision is to make the Haydarpaşa Station area and the Port area idle and to transform this historical and urban protected area into a commercial center, and for this purpose, the Marmaray Project will create the image of Haydarpaşa Train Station to become dysfunctional.
25 On November 2011, according to the Master Plan for Conservation for Haydarpaşa Gar and its Surroundings, which was accepted in the Istanbul Metropolitan Municipality, the building was given the function of CULTURE, ACCOMMODATION (HOTEL) and the ground floor was used for TCDD activities.
However, in the statements made by the Mayor of Istanbul Metropolitan Municipality and the Minister of Transport, Maritime Affairs and Communications to the public in recent days, it has been announced that the railway, where Haydarpaşa Gar has lost its function, does not need Haydarpaşa station, but it can be operated between Ayrlıkçeşme and Haydarpaşa.
Citing the High Speed Train project between TCDD Gebze and Köseköy as a reason, as of February 1, 2012, with the termination of all main line trains to and from Haydarpaşa Station, Haydarpaşa Station will be isolated by making it train and this project will be implemented.
For this reason, the decision that is the subject of this lawsuit also contradicts the 63rd article of our Constitution on the Protection of Historical, Cultural and Natural Assets due to the protection of our world cultural heritage Haydarpaşa Train Station, which has become the symbol of Istanbul.
Due to all the mentioned reasons, the obligation to open this case has arisen.
CONCLUSION AND PROBLEM:
In order to decide on the suspension of the execution and cancellation of the administrative act related to the closure of the railway between Köseköy and Gebze by using the Ankara-Istanbul-Ankara YHT (High Speed Train) Project as an excuse;
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Acting Attorney
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Attachments:
1-Approved proxy sample
2- General Directorate of TCDD Department of Traffic
16.01.2012 date and process example 4399
3- shows road works on the railway CD
Source: United transport workers union
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