The AKP's Constitutional Court plan: Changes sought to that regulation on individual applications
The path the AKP will follow in the judicial crisis, which began with the Court of Cassation's refusal to comply with the Constitutional Court's ruling on the violation of rights regarding TİP MP Can Atalay, has begun to become clear. It is alleged that the AKP wants to change the binding nature of Constitutional Court rulings regarding 'Individual Applications'.
12punto
Behind-the-scenes discussions regarding the judicial crisis are continuing at full speed.
Most recently, Sözcü columnist Deniz Zeyrek alleged that the AKP is planning changes to the Anti-Terror Law and the binding nature of Individual Applications.
Zeyrek stated that the AKP wants to amend Articles 3 and 4 of the Anti-Terror Law (TMY) and also intends to make changes to Law No. 6216 on the Establishment and Trial Procedures of the Constitutional Court.
WILL THERE BE AN OBSTACLE TO THE BINDING NATURE OF THE CONSTITUTIONAL COURT'S RULINGS?
Stating, “In the near future, we will be talking a lot about the regulations intended to resolve the crisis between the Court of Cassation and the Constitutional Court over the Can Atalay ruling,” Zeyrek noted the following in his column:
“The AK Party has planned some legal changes for this purpose. First of all, they want to change Articles 3 and 4 of the Anti-Terror Law (TMY). The goal is to make these articles compatible with Article 14 of the Constitution within the framework of Constitutional Court jurisprudence. The Constitutional Court was interpreting that ‘the crimes defined in Article 14 are not clearly written.’ According to the plan, the crimes specified in Article 14 of the Constitution will be written more clearly in the TMY.
The second important change will be made to Law No. 6216 (on the Establishment and Trial Procedures of the Constitutional Court). Article 66 of the said law regulates the binding nature of court rulings, and since it is a legacy provision, there is no specific regulation regarding rulings within the scope of the Right to Individual Application. With the new regulation, they want to change the binding nature of Constitutional Court rulings regarding Individual Applications.”