Turkey’s Constitutional Court cancels 37 regulations within first decree under presidential system

Turkey’s Constitutional Court (AYM) has canceled 37 regulations implemented with the first presidential decree under the presidential system back in 2018. The decision included regulation regarding the Presidential Communications Center (CİMER), as the court argued the procedures and principles of the center “cannot be determined” by a presidential decree.

Thursday February 29 2024 01:41 am

Duvar English

Turkey’s Constitutional Court (AYM) has canceled 37 regulations within the first presidential decree issued under the presidential system in 2018, DW Turkish reported on Feb. 27.

The Presidential Decree No. 1 was issued on July 10, 2018, regulating the organizations of the Presidency and ministries. Turkey switched to a highly-centralized presidential system with the 2018 elections after a controversial referendum held in 2017 under the state of emergency rule.

The main opposition Republican People’s Party (CHP) and the Council of State Administrative Case Chambers filed lawsuits against the decree at the time.

In the decision, the top court emphasized that the President does not have the authority to make regulations on fundamental rights guaranteed by the Constitution, that no decree can be issued in this regard and that regulations can only be made by law. The government was given a nine-month deadline for the regulations.

The annulled regulations include the appointment of personnel to the Presidency, the regulation of their salaries, the appointment of judges and prosecutors by the Presidency, the collection of information on senior executives, the granting of municipal powers to the Environment and Urbanization Ministry, and the Presidential Communications Center (CİMER).

Regarding “the collection of information on senior executives” part of a presidential directorate, the court said the right to protection of personal data is constitutionally guaranteed, which “cannot be regulated” by a presidential decree.

The court also canceled the regulation allowing the appointment of judges and prosecutors to the Presidency. The court again ruled that such regulation “must be regulated by law.”

The court’s decision included regulation regarding the Presidential Communications Center (CİMER), as it once again argued that the procedures and principles of the center “cannot be determined” by a presidential decree.

The court also canceled the regulation regarding the payments made to the members of the policy boards of the Presidency, saying such a regulation is within the scope of the right to property, which “cannot be regulated” by a presidential decree.

The court’s decision was published in the Official Gazette on Feb. 27.