Draft prepared: AKP prepares to limit the powers of the Constitutional Court!

Following the Court of Cassation 3rd Criminal Chamber's filing of a criminal complaint against members of the Constitutional Court, it has been alleged that the 'attempt to limit the powers of the Constitutional Court' has accelerated.

POWERS OF THE CONSTITUTIONAL COURT TO BE LIMITED

AKP Chairman and President Recep Tayyip Erdoğanbefore even holding a meeting with the heads of the high judiciary, the draft text was discussed within the AKP,and it was stated that a draft has been prepared aiming to limit the powers of the Constitutional Court,prevent it from conducting on-site inspections, and restrict individual applications.

According to backstage information obtained by Nuray Babacan from Gazete Pencere, The debate over the powers of the Constitutional Court, initiated by MHP leader Devlet Bahçeli and supported by advisors at the Presidential Palace, will continue even though it does not have the support of the majority of the party's legal expert deputies. There are also those who argue that the move by the Court of Cassation and the statements made by politicians are a maneuver to bring these changes to the agenda.

In the AKP, it is assessed that the issue has two dimensions, including changes to be made in law and the Constitution. It is accepted that the opposition will not support a constitutional amendment and that a consensus will not be possible. The AKP plans to narrow the powers that the Constitutional Court derives from the Constitution through legislation.

The main headings of the discussed regulations are as follows:

The AKP plans to impose restrictions on the articles of the law containing provisions regarding individual applications to the Constitutional Court. The preparation of new provisions stating that the Constitutional Court cannot be an appellate court in individual application decisions and the narrowing of the framework are being discussed.

It is planned to prevent the Constitutional Court from conducting judicial review of expediency. It is emphasized that the Constitutional Court should only be able to make decisions on rights violations and, accordingly, the result should be limited to compensation, similar to the European Court of Human Rights (ECHR). It is planned to make regulations stating that the Constitutional Court cannot issue a decision that overturns the decisions of the Court of Cassation or gives instructions to courts.

Furthermore, it is claimed that since the Constitutional Court determines its own working procedures through a regulation it issues itself, this should be changed. It is considered that the working procedures of the Constitutional Court should be determined by law rather than by regulation.

THEY ARE CREATING A JUSTIFICATION

Party officials argue that the right to individual application, introduced in 2012, will continue to create similar problems as long as certain provisions of Article 50 of Law No. 6216 on the Establishment and Trial Procedures of the Constitutional Court remain in effect.

AKP members supporting the change argue that: 'As long as the provision stating that "if the violation of rights stems from a court decision, the file shall be sent to the court for retrial" exists, it results in the Constitutional Court reviewing final decisions made by the Court of Cassation and the Council of State upon appeal as if it were a super-appellate court. If no regulation is made, the controversy and unrest will continue. Therefore, this article needs to be reorganized. Furthermore, the legislative body is the supreme organ in the separation of powers, which defines its own boundaries as well as those of other organs. A decision-making procedure that puts democratic representation under mortgage, such as the cancellation of a decision made by the legislature through the vote of the president in the event of a tie among the members of the Constitutional Court participating in the deliberation, is unacceptable.'