content tagged with Constitutional Court

Constitutional Court rules union rights violated by lengthy legal challenges

Constitutional Court rules union rights violated by lengthy legal challenges

The high court acknowledged that the legal framework allows employers to undermine workers' union rights by filing legal challenges that can drag on for years.

Top court deems conference ban over 'genocide' discussion unconstitutional

Top court deems conference ban over 'genocide' discussion unconstitutional

The governor of Kayseri had banned a conference organized by the Hrant Dink Foundation in 2019.

18 September 2024

Constitutional Court declares revocation of Can Atalay’s MP status ‘null and void’

Constitutional Court declares revocation of Can Atalay’s MP status ‘null and void’

Atalay was denied release and eventually lost MP status despite two Constitutional Court orders in what was an unprecedented judicial crisis in Turkey.

Constitutional Court overturns conviction for wearing ‘Kurdistan’ t-shirt

Constitutional Court overturns conviction for wearing ‘Kurdistan’ t-shirt

The lower court convicted the applicant solely based on the presence of the word 'Kurdistan' and the Mesopotamian Sun emblem on the t-shirt, without explaining their meanings, or potential to incite violence, the high court noted.

Reporting on Turkish state media receiving award from jihadists is free expression, rules top court

Reporting on Turkish state media receiving award from jihadists is free expression, rules top court

TRT had won compensation from Sendika.org in the case concerning a news report about the public broadcaster receiving an award from the HTS group in Syria. The Constitutional Court has ruled that Sendika.org’s freedom of expression was violated.

Constitutional Court vindicates academic disciplined for distributing leaflet

Constitutional Court vindicates academic disciplined for distributing leaflet

Mahiye Sevin Bayraktar faced disciplinary action for distributing leaflets on behalf of a union.

Constitutional Court finds no violation in penalty given to teacher who shared declaration of Academics for Peace

Constitutional Court finds no violation in penalty given to teacher who shared declaration of Academics for Peace

In the application of teacher G.Ş., who was disciplined for sharing the declaration of the Academics for Peace 'We will not be a party to this crime', the Constitutional Court ruled that the action was against the reputation and trust provided by the status of public service.

11 June 2024 Hikmet Adal

Constitutional Court says deportation of Protestants based on intelligence report is "not a violation with freedom of religion"

Constitutional Court says deportation of Protestants based on intelligence report is "not a violation with freedom of religion"

Protestants, who have more than 170 churches or communities in Turkey, mostly in Istanbul, Ankara and Izmir, have been facing problems in Turkey since 2019. Their visa requests have been denied, their residence permits revoked and deportations have been imposed.

7 June 2024 Hikmet Adal

Constitutional Court overturns mandatory uniform rule for prisoners

Constitutional Court overturns mandatory uniform rule for prisoners

The high court has found that the requirement to wear a specific uniform did not meet the necessary criteria for achieving the intended goal, as the current legal provisions suffice to address any disruptions caused by prisoners’ attire.

Constitutional Court annuls provision allowing 'trustee' appointments to associations

Constitutional Court annuls provision allowing 'trustee' appointments to associations

The high court annulled several articles in a sweeping law concerning protection of personal data and associations.

Constitutional Court elects new president

Constitutional Court elects new president

Kadir Özkaya was appointed to the top court by President Erdoğan in 2014. He was one of the 9 court members who ruled for a "violation of rights" verdict in the Can Atalay case, which led to a crisis between the country's two top judicial bodies.

Constitutional Court: Not delivering unrestricted books to inmates violates freedom of expression

Constitutional Court: Not delivering unrestricted books to inmates violates freedom of expression

The Constitutional Court ruled that the failure to deliver certain books to inmates, despite the absence of prohibitions, confiscation, or seizure orders, based on decisions made by penal institution education boards, constitutes a violation of "freedom of expression."

AYM invalidates many provisions of Erdoğan's first presidential decree dated 2018

AYM invalidates many provisions of Erdoğan's first presidential decree dated 2018

The Constitutional Court annulled many articles of the first decree law issued by President Recep Tayyip Erdoğan following the transition to the presidential system, particularly due to violations of constitutional and legal provisions related to the protection of personal data and prevention of environmental destruction.

28 February 2024

Arslan: 'Authority to interpret the Constitution as binding belongs to the Constitutional Court'

Arslan: 'Authority to interpret the Constitution as binding belongs to the Constitutional Court'

Speaking at an event held at Koç University, President of the Constitutional Court Zühtü Arslan stated, "A constitutional state accepts diversity of interpretation but does not allow interpretation to lead to chaos," and "The authority to interpret the Constitution as final and binding belongs to the Constitutional Court."

26 February 2024

Minister comments on Constitutional Court's Atalay decision: 'It should have been rejected'

Minister comments on Constitutional Court's Atalay decision: 'It should have been rejected'

Justice Minister Yılmaz Tunç evaluated the decision of the Constitutional Court on the application made by the lawyers of CHP and Atalay regarding Can Atalay's parliamentary membership being revoked. Tunç stated, "The Constitutional Court should have issued a rejection decision due to lack of jurisdiction."

23 February 2024

AYM discusses removal of Atalay's deputyship: 'There is no place for decision-making'

AYM discusses removal of Atalay's deputyship: 'There is no place for decision-making'

The Constitutional Court (AYM) ruled that there was no place for a decision on the application made by the lawyers of Can Atalay and the Republican People's Party for the determination that the removal of Atalay's deputyship was "null and void."

22 February 2024

Constitutional Court President speaks up directly to Erdoğan

Constitutional Court President speaks up directly to Erdoğan

Constitutional Court President Zühtü Arslan spoke at the swearing-in ceremony attended by Erdoğan: "You may not like or agree with the decisions of the Constitutional Court, but compliance with these decisions is a constitutional obligation."

8 February 2024

Constitutional Court rules ‘violation of rights’ for 502 internet censorship cases

Constitutional Court rules ‘violation of rights’ for 502 internet censorship cases

Prof. Dr. Yaman Akdeniz said that the decision is a result of the pilot decision it made in 2021. He remarked, "When all the decisions are disclosed, a serious political censorship map parallel to political history will emerge."

8 February 2024 Hikmet Adal

Erdoğan appoints signatory of decisions on İstanbul Convention and Hagia Sophia to AYM

Erdoğan appoints signatory of decisions on İstanbul Convention and Hagia Sophia to AYM

President Erdoğan appointed Yılmaz Akçil from the Council of State, who signed the decision on the conversion of Hagia Sophia from a museum to a mosque and the decision that "Turkey's withdrawal from the Istanbul Convention is legal," in place of Muammer Topal to the Constitutional Court.

31 January 2024

Can Atalay's lawyer: ' Rule of law has ceased to exist in Turkey'

Can Atalay's lawyer: ' Rule of law has ceased to exist in Turkey'

Fikret İlkiz, one of Can Atalay's lawyers, stated, "Reading the decision in the Parliament indicates the state of democracy in Turkey. Saying 'His parliamentary membership has been revoked by a Court of Cassation decision' is against democracy, and it implies the absence of democracy in Turkey."

31 January 2024 Ruken Tuncel

Courts do not take into account 'publication ban' decision by the Constitutional Court

IT IS NOT ONLY THE CAN ATALAY DECISION THAT IS NOT COMPLIED WITH:

Courts do not take into account 'publication ban' decision by the Constitutional Court

The publication ban imposed by the Istanbul 5th Criminal Peace Judgeship on Sunday's church attack is not the first. In 2023, courts and judges issued 114 publication bans on various incidents. However, in 2019, the Constitutional Court and in 2021, the European Court of Human Rights ruled that such bans violate freedom of expression and the press. These bans not only affect the media but also amount to censorship of the public's right to information.

30 January 2024 Hikmet Adal

Constitutional Court reports over 108,000 individual applications in 2023

Constitutional Court reports over 108,000 individual applications in 2023

Out of nearly 580,000 applications since the introduction of the practice 11 years ago, over 100,000 were filed last year.

19 January 2024

CHP leader Özel invites all opposition to a Constitutional Rally in Ankara

CHP leader Özel invites all opposition to a Constitutional Rally in Ankara

Özgür Özel stated, "Not implementing Constitutional Court decisions, attempting to suspend the Constitution in practice, is an attempt to overthrow the constitutional order."

Erdoğan's advisor targets the Constitutional Court, says it creates systemic crisis

Erdoğan's advisor targets the Constitutional Court, says it creates systemic crisis

Presidential Chief Advisor Mehmet Uçum claimed that the Constitution was violated by the Constitutional Court with the court's Can Atalay decision. "The Constitutional Court is not hesitating to do everything in its power to narrow the exclusive scope of Presidential Decrees, a necessity of the presidential system, and to create a systemic crisis," he said.

Court of Cassation: 'Constitutional Court's violation decision for Atalay has no legal value'

Court of Cassation: 'Constitutional Court's violation decision for Atalay has no legal value'

The Court of Cassation, in its new decision regarding Labor Party of Turkey deputy Can Atalay, likened the second violation decision of the Constitutional Court to an example of "juristocracy" and declared it as "unlawful."

Constitutional Court releases reasoning, Can Atalay's lawyers petition the court

Constitutional Court releases reasoning, Can Atalay's lawyers petition the court

Constitutional Court has released the reasoning for its second violation decision regarding Hatay MP Can Atalay, published in the Official Gazette today. "A decision can no longer be awaited," stated Atalay's lawyers in the petition submitted to the İstanbul 13th Heavy Penal Court.

27 December 2023

Supreme Court finds violation in preventing May Day celebrations in Taksim Square

Supreme Court finds violation in preventing May Day celebrations in Taksim Square

In the decision by the Constitutional Court, it was stated that "Taksim holds a symbolic value for certain segments of society, especially unions and workers, due to the events in 1977 that resulted in the death of 34 people."

15 December 2023

Second application regarding Atalay referred to Constitutional Court General Assembly

Second application regarding Atalay referred to Constitutional Court General Assembly

The Constitutional Court's First Division referred the application regarding the violation of rights for Can Atalay, the TİP Hatay Deputy and convict in the Gezi Park Case, to the Constitutional Court General Assembly, which is to take up this second application on a date to be announced later.

13 December 2023

Top court invalidates legal provision on 'committing crimes on behalf of a criminal organization'

Top court invalidates legal provision on 'committing crimes on behalf of a criminal organization'

The Constitutional Court has annulled the provision in question by unanimous vote. The decision will take effect four months later.

8 December 2023

Top court finds violation in sentencing of journalist Özgür Boğatekin for criticizing district governor

Top court finds violation in sentencing of journalist Özgür Boğatekin for criticizing district governor

A court had sentenced Boğatekin to 1 year and 15 days in prison for the articles he wrote about the official in 2013. The Constitutional Court has concluded that "the court imposed a penalty despite knowing that there was no crime" for this.

7 December 2023

Constitutional Court orders compensation for violating prisoner's communication rights

Constitutional Court orders compensation for violating prisoner's communication rights

Ahmet Nail Şen was prevented from having a phone conversation with his lawyer.

16 November 2023

Justice minister affirms commitment to 'individual application' system

JUDICIAL CRISIS

Justice minister affirms commitment to 'individual application' system

Minister Tunç responded to questions about the recent judicial crisis that led to suggestions to restructure the Constitutional Court.

15 November 2023