President Arslan speaks clearly: 'Constitutional Court rulings are binding on everyone and every institution'

According to a statement from the Constitutional Court's Press Office, Arslan delivered a speech at a certificate ceremony held for law students interning at the High Court.

Stating that three fundamental concepts—reason, morality, and justice—are encountered in the qualitative dimension of the rule of law, Arslan emphasized that being a rational and free individual requires adopting moral principles.

Arslan stated, "Being human requires us to see what we deem a right for ourselves as a right for others, and not to deem acceptable for others what we would not want done to ourselves."

Pointing out that individual application is one of the most important steps taken in Turkey to protect fundamental rights and freedoms, Arslan noted that with individual application, the Constitutional Court has been entrusted with the mission of protecting and developing freedoms, and that the High Court examines individual applications with this mission in mind.

Expressing that the Constitutional Court has succeeded in keeping its workload at a manageable level in individual applications and has implemented this application path effectively and successfully, Arslan said, "Failure to comply with certain rulings undermines the right to individual application."

Pointing out that there is generally no problem regarding the implementation of violation rulings, Arslan continued as follows:

"I would like to briefly touch upon two issues presented as justifications for not complying with violation rulings issued by the Constitutional Court and to show that what you have been taught is correct. First, it is argued that the authority to issue final and binding rulings in the judicial and administrative legal system belongs to the relevant high courts, and therefore, violation rulings aimed at overturning finalized decisions cannot be issued. Frankly, this view has no constitutional or legal basis, nor can it be said to be compatible with the nature of the individual application institution."

"THERE CAN BE NO JUSTIFICATION"

Constitutional Court President Zühtü Arslan stated that one of the reasons cited for not complying with violation rulings is "difference of interpretation," adding, "Of course, all organs that exercise public power, including high courts, have the authority to interpret the Constitution. However, when disputes caused by these interpretations are brought to the Constitutional Court through norm review or individual application, the authority to interpret the Constitution in a final and binding manner and to resolve the dispute is granted to the Constitutional Court."

Emphasizing that Constitutional Court rulings are final, Arslan pointed out that the rulings are binding on legislative, executive, and judicial organs, administrative authorities, natural and legal persons, everyone, and every institution.

Stating that there can be no justification for not complying with the High Court's rulings, Arslan continued:

"After the Constitutional Court makes a ruling on a matter and has the final word, we must comply with it even if we do not agree. Disagreeing with a judicial ruling is one thing, not complying with it is another. The former is legitimate, while the latter is not. Let us not forget that court rulings must be implemented not because they are flawless, correct, or because we like them, but because they are court rulings.

Therefore, after a final and binding ruling by the Constitutional Court, any differences in opinion, interpretation, or approach that may arise between courts or constitutional organs can only be a subject of criticism. However, these differences can in no way be a justification for not executing a Constitutional Court ruling."

"WE MUST RESOLVE THEM BY REMAINING ON THE GROUND OF LAW"

Stating that the Constitution and laws foresee how disputes will be resolved and that the authority that resolves constitutional disputes is the Constitutional Court, Arslan said, "The position of other public authorities is merely that of a party to the dispute.

Just as it cannot be thought that the interpretation of the parties in any judicial dispute is superior to the interpretation of the court resolving the dispute, it is also impossible to reconcile this with the most basic legal logic."

Zühtü Arslan stated that the Constitution does not grant any institution or person the duty to audit the Constitutional Court's rulings for compliance with the Constitution.

Stating that the damage caused by not complying with violation rulings issued in individual applications is not limited to depriving applicants of their rights, Arslan emphasized that the failure to execute violation rulings is a "grave event" that could render the individual application path ineffective. President Arslan said, "We must act with common sense and resolve all our issues, including the effective execution of violation rulings, by remaining solely on the ground of law."