Critical development in the appointment of trustees to municipalities: Ruling issued in the case

The Administrative Court found the claim that the 2nd paragraph of Article 46 of the Municipal Law is unconstitutional to be serious and decided to file a "concrete norm review application" to the Constitutional Court.

Announcing the decision, constitutional law expert Prof. Dr. Tolga Şirin stated, "Upon the request of the Republican People's Party, I had written an expert opinion regarding the unconstitutionality of Articles 45/2 and 46 of the Municipal Law No. 5393.

The Istanbul 9th Administrative Court has decided on a concrete norm review in line with our expert opinion. The Constitutional Court should annul the relevant provisions as a result of its review.

This news is a harbinger of a fundamental solution for all trustee appointments," he said.

"THE BASIS FOR TRUSTEE DECISIONS WILL ALSO BE REMOVED"

Hüseyin Ersöz, one of Özer's lawyers, also made the following statement regarding the development:

"A ruling has been issued in the case we filed at the Istanbul 9th Administrative Court for the annulment of the "suspension from duty" of Esenyurt Mayor Prof. Dr. Ahmet Özer and the "appointment of a trustee to the municipality."

The Administrative Court found our claim that the 2nd paragraph of Article 46 of the Municipal Law is unconstitutional to be serious and decided to file a "concrete norm review application" to the Constitutional Court.

While this decision does not mean the "annulment of the trustee decision," it has resulted in allowing for the examination of the unconstitutionality of the Law article that serves as the basis for the trustee appointment decision.

If unconstitutionality is determined in the concrete norm review to be conducted by the Constitutional Court and Article 46/2 of the Municipal Law is annulled, the basis for the controversial trustee decisions will be completely removed.

The decision to be made by the Constitutional Court is also significant for our democracy, as well as for the Right to Vote and Stand for Election and the separation of Central and Local Government..."

News Source: 12punto