Minister Tunç on the 'judicial crisis': 'Changes can be made to the Constitutional Court's trial procedures'
Justice Minister Yılmaz Tunç has made a statement regarding the judicial crisis that began after the Court of Cassation filed a criminal complaint against members of the Constitutional Court (AYM) who ruled that the rights of TİP MP Can Atalay had been violated. Tunç stated, "The Constitutional Court's trial procedures can be changed."
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The effects of the judicial crisis, which began when the Court of Cassation refused to recognize the Constitutional Court's ruling on the violation of rights regarding Can Atalay, continue.
Stating that a crisis is occurring between the Constitutional Court and the Court of Cassation due to uncertainties stemming from both the law and the constitution, Minister Tunç emphasized, "We must urgently resolve these uncertainties. Changes can be made to the law regarding the Constitutional Court's trial procedures." Tunç also noted that changes could be made to the structure of the Constitutional Court.
"CAN THIS HAPPEN IN A STATE OF LAW?"
Speaking to Milliyet columnist Abdullah Karakuş, Tunç stated that the Constitutional Court conducts trials based on its own internal regulations, noting, "It makes changes to its internal regulations as it wishes. Therefore, there is no oversight mechanism either. No one can file an annulment lawsuit against the internal regulations made by the Constitutional Court. An annulment lawsuit can be filed regarding the Turkish Grand National Assembly's internal regulations. Only the court itself can change its internal regulations. Can this happen in a state of law?"
CALL FOR A NEW CONSTITUTION
Arguing that there is a need for a new constitution and that other crises may arise if one is not created, Minister Tunç said, "A 'patchwork' constitution will continue to cause problems. We attached a 2010-model trailer to a 1982-model truck. We said, 'Come on, pull the truck.' It doesn't work. It cannot move."