Blow to the palace from the Constitutional Court: Erdoğan's move found unconstitutional

The Constitutional Court (AYM), which convened upon the application of the CHP, has annulled President Recep Tayyip Erdoğan's authority to create staff positions at universities via a single presidential decree, on the grounds that it exceeds constitutional limits. The High Court issued a firm warning, stating, "Universities are regulated by law."

Reviewing the case filed by the CHP, the Constitutional Court did not allow the executive branch to usurp the powers of the legislative body. The High Court put a "stop" to the practice of creating public staff positions with a single signature, issuing a critical annulment decision and publishing it in the Official Gazette.

CHP'S SEPARATION OF POWERS APPLICATION: "YOU CANNOT IGNORE THE LAW!"

The fuse of the crisis was lit by the application made to the Constitutional Court by deputies acting on behalf of the CHP Group. The opposition argued that the articles of the decree on the "Creation of Staff Positions for Certain Public Institutions and Organizations" issued by the AKP directly violated the constitution. The petition emphasized that the staffing procedures for personnel undertaking primary duties in the execution of public services must be carried out exclusively by the Grand National Assembly of Turkey (TBMM), that is, by law. It was specifically underlined that the formation of staff positions within Istanbul University is a constitutional requirement that must be shaped by the will of the parliament, not by decree.

"UNIVERSITIES ARE AUTONOMOUS, THEY CANNOT BE MANAGED BY DECREE!"

Recalling Article 130 of the Constitution, the High Court clearly ruled that the organizational and structural composition of higher education institutions can only and exclusively be regulated by law. Stating that presidential decrees cannot interfere in the domain of the legislative body, the Constitutional Court annulled this staffing authority of the Palace over universities.

'PARLIAMENT MUST LEGISLATE'

Following this historic annulment ruling, the Constitutional Court granted the government a grace period to prevent any sudden legal vacuum or chaos in the public and academic system. It was decided that this stern annulment decision, published in the Official Gazette, will enter into force exactly nine months later.