Erdoğan appoints Yılmaz Akçil to the Constitutional Court

According to the decree published with the signature of AKP Chairman and President Erdoğan, Council of State Member Yılmaz Akçil was elected as a member of the Constitutional Court from among three candidates nominated by the General Assembly of the Council of State.

The decision in question was made in accordance with Articles 146 and 147 of the Constitution and Articles 6, 7, and 10 of the Law on the Establishment and Trial Procedures of the Constitutional Court.

How are Constitutional Court members elected?

The Constitutional Court consists of fifteen members. The Grand National Assembly of Turkey elects two members from among the president and members of the Court of Accounts, from among three candidates nominated for each vacant position by the General Assembly of the Court of Accounts, and one member from among three candidates nominated by the heads of bar associations from among self-employed lawyers, through a secret ballot. In this election to be held in the Grand National Assembly of Turkey, a two-thirds majority of the total number of members is required in the first round for each vacant membership, and an absolute majority of the total number of members is required in the second round.

If an absolute majority cannot be achieved in the second round, a third round is held for the two candidates who received the most votes in this round; the candidate who receives the most votes in the third round is elected as a member.

The President selects three members from among three candidates nominated for each vacant position by the general assemblies of the Court of Cassation and the Council of State from among their own presidents and members; three members, at least two of whom must be legal experts, from among three candidates nominated for each position by the Council of Higher Education from among faculty members serving in the fields of law, economics, and political science at higher education institutions who are not members of the Council itself; and four members from among senior executives, self-employed lawyers, first-class judges and prosecutors, and Constitutional Court rapporteurs who have served as rapporteurs for at least five years.

In the elections to be held by the general assemblies of the Court of Cassation, the Council of State, and the Court of Accounts, and by the Council of Higher Education to nominate candidates for membership in the Constitutional Court, the three individuals who receive the most votes for each vacant membership are considered nominated. In the election to be held for the three candidates to be nominated by the heads of bar associations from among self-employed lawyers, the three individuals who receive the most votes are considered nominated.

TWENTY YEARS OF WORK REQUIREMENT

To be elected as a member of the Constitutional Court, provided that the age of forty-five has been reached, it is required that faculty members of higher education institutions have attained the title of professor or associate professor, that lawyers have practiced law for at least twenty years, that senior executives have completed higher education and have worked in public service for at least twenty years, and that first-class judges and prosecutors have worked for at least twenty years, including their candidacy period.

A President and two deputy presidents are elected from among the members of the Constitutional Court by secret ballot and by an absolute majority of the total number of members for a term of four years. Those whose terms have expired may be re-elected. Members of the Constitutional Court cannot hold any official or private office other than their primary duties.

Members of the Constitutional Court are elected for a term of twelve years. A person cannot be elected as a member of the Constitutional Court twice. Members of the Constitutional Court retire upon reaching the age of sixty-five. The employment of members whose terms expire before the mandatory retirement age in another position and their personnel affairs are regulated by law. Membership in the Constitutional Court terminates automatically if a member is convicted of a crime that requires removal from the judicial profession; it also terminates upon the decision of an absolute majority of the total number of members of the Constitutional Court if it is definitively understood that the member cannot perform their duties due to health reasons.

News Source: İHA