Justice Minister Tunç makes statement regarding appointments stemming from Presidential Decrees

Minister of Justice Yılmaz Tunç announced that interpretations claiming that appointment and other powers stemming from the constitution, laws, and Presidential Decrees are essentially invalid or should be disregarded are not true.

In a post on his social media account, Minister Tunç stated that the Council of Ministers was granted the authority to issue Statutory Decrees (KHK) through the Authorization Law No. 7 thousand 142 dated May 10, 2018, in order to ensure compliance with the amendments made to the Constitution by Law No. 6 thousand 771 dated January 21, 2017.

Stating that the framework of Authorization Law No. 7 thousand 142 was drawn entirely in the form of compliance with the constitutional amendment, Minister Tunç noted the following:

"Statutory Decree No. 703, prepared based on the aforementioned Authorization Law, was published in the Official Gazette on July 9, 2018, the date the new government system entered into force.

The Constitutional Court adjudicated the application filed for the annulment of Statutory Decree No. 703, issued annulment decisions regarding some provisions, and rejected the request for the annulment of the entire Statutory Decree. The Constitutional Court evaluated the regulations for which it issued annulment decisions from a formal perspective, reached the conclusion that these regulations should essentially be made by law, and granted the legislator a 12-month period to take the necessary action."

Tunç noted that the duty to appoint high-level public administrators, including those under Article 104 of the Constitution, belongs to the President, and that the procedures and principles regarding their appointments are regulated by Presidential Decree.

Emphasizing that the Presidential Decree on Appointment Procedures for High-Level Public Administrators and Public Institutions and Organizations is in effect, Tunç said, "As such, contrary to what is claimed in various channels, interpretations suggesting that the President's appointment and other powers stemming from the Constitution, laws, and Presidential Decrees within the scope of the new government system are essentially invalid or should be disregarded are untrue."