Constitutional Court places limits on presidential powers

The Constitutional Court (AYM) has found certain provisions of the “Law on Amendments to the Turkish Armed Forces Personnel Law and Certain Other Laws” to be unconstitutional and has annulled them. The decisions were published in yesterday's issue of the Official Gazette and will enter into force in 9 months.

ALLOWANCE AMOUNTS WILL NOT BE DETERMINED BY THE PRESIDENCY

Certain articles of the law, which were taken under review following an application filed by CHP deputies in 2021, were ruled upon in October 2024. The AYM annulled certain powers granted to the executive branch on the grounds that they were contrary to the principle of the "non-delegability of legislative power."

According to the report by Aytunç Ürkmez from Cumhuriyet, the High Court annulled the regulation regarding the determination of the amount to be paid to foreign national instructors who will serve in non-commissioned officer vocational schools by the President, on the grounds that authority was granted directly to the executive without the basic principles being specified in the law. The decision emphasized that this situation is contrary to the principle of the “non-delegability of legislative power” contained in Article 7 of the Constitution. Members Yılmaz Akçil, Ömer Çınar, and Metin Kıratlı cast dissenting votes against this decision.

The court also evaluated the authority granted to the Ministry of National Defense to “determine the garrison commander in exceptional circumstances” as unlimited and lacking a defined legal framework. The AYM also annulled the relevant provision on the grounds that the limits of this authority were not clearly defined in the law.