Constitutional Court issues cancellation decision for Presidential Decree

The Constitutional Court, with its decision published in the Official Gazette, has cancelled the Presidential Decree regarding the creation of judge and prosecutor assistant positions under the Ministry of Justice. In the justification for this decision, the Court stated that all processes of the judge and prosecutor profession must be regulated by law in accordance with the principles of judicial independence and the guarantee of tenure for judges.

As reported by ANKA, the justification for the decision cited Article 140 of the Constitution, emphasizing that the qualifications of judges and prosecutors, including the acceptance into candidacy and the candidacy period, must be regulated by law. The Constitutional Court had also stated in its previous decisions that those entering this profession must be provided with constitutional guarantees from the moment of their acceptance into candidacy and throughout the candidacy period.

The Republican People's Party (CHP) had applied to the Constitutional Court for the cancellation of certain articles of the "Presidential Decree on the Creation of Positions for Certain Public Institutions and Organizations and the Cancellation of Certain Positions." The Court examined the application on its merits and cancelled the provisions of the decree related to the Ministry of Justice. The cancellation decision will enter into force after 9 months.