Controversial regulation in the Turkish Parliament: Is the State Supervisory Council being granted unlimited power?

AUTHORITY TO SUSPEND

Under current legal regulations, the president and members of the State Supervisory Council (DDK) are appointed by the President. The Council, in line with the President's instructions, can conduct examinations, investigations, and audits in all public institutions and organizations. However, reports prepared as a result of these audits were previously forwarded to the Prime Ministry or relevant institutions for necessary action.

The new regulation submitted by the AKP to the TBMM General Assembly grants DDK members or auditors the authority to "issue suspension decisions for officials of any level and rank whose continued presence in office is deemed problematic in terms of the requirements of public service." It is stated that this authority could be exercised with broad discretion and without the need for any judicial process.

ARE ELECTED OFFICIALS ALSO AT RISK?

The regulation in question covers not only appointed public officials but also elected local administrators. According to Günaydın, with this new authority, the DDK could initiate an audit of a mayor upon the President's instruction, and subsequently, a DDK member could remove the elected mayor from office by declaring that "their continued presence in office is problematic." It is noted that this process could be carried out rapidly without being subject to any investigation, court ruling, or legal process.

THEY TRIED BEFORE, THE CONSTITUTIONAL COURT ANNULLED IT

This regulation is not the AKP's first attempt. Previously, similar powers were sought to be granted to the DDK through Presidential Decree No. 5, but upon the CHP's application, the Constitutional Court (AYM) annulled the regulation. In its decision dated November 11, 2021 (E.2018/121, K.2021/84), the Constitutional Court ruled that this authority was unconstitutional. A second attempt was added to an omnibus bill but was withdrawn due to opposition pressure. Now, the same regulation is being brought to the Parliament's agenda for the third time.

REACTION FROM THE OPPOSITION

The CHP and other opposition parties are reacting strongly against the regulation. Stating that they intend to pass this regulation using the parliamentary arithmetic, Günaydın announced that if it is published in the Official Gazette, they will immediately file an application with the Constitutional Court for annulment and a stay of execution.

The opposition characterizes this regulation as a direct intervention in the principles of the rule of law and the democratic process. As emphasized in Günaydın's statements, the regulation exposes the difference between law and legislation and carries the potential to deal a heavy blow to Turkey's democratic structure.

CONCLUSION: WHAT KIND OF PROCESS IS TURKEY ENTERING?

If the regulation is passed, the DDK will have the authority to suspend public officials and even elected administrators through members appointed by the President. Disabling legal oversight mechanisms could pave the way for arbitrary practices through broad discretionary power.

If the regulation is passed despite the opposition's resistance, the decision the Constitutional Court will make and the impact of this decision on democratic processes in Turkey will be closely monitored.

HERE IS THE POST SHARED BY CHP'S GÜNAYDIN:

Tonight in the TBMM, a regulation will be debated that grants the President powers similar to those seen only in entirely unchecked sultanates.

How, you ask?

A regulation that grants the State Supervisory Council the authority to suspend officials of any level and rank, through a proposal by the AKP group… pic.twitter.com/H7sbNExJ8B

— Gökhan Günaydın (@gunaydingokhan) January 30, 2025