Constitutional Court ruling on staffing: CHP's annulment request rejected

According to the Constitutional Court's decision published in the Official Gazette, the CHP filed a lawsuit with the Constitutional Court requesting the annulment and stay of execution of certain provisions of Presidential Decree No. 170 on the Creation of Staff Positions in Certain Institutions and Organizations.

In the petition, it was argued that "provisions regarding the creation and abolition of staff positions for public officials who perform essential and permanent duties required by public services, which are part of the integrity of the administration and carried out according to general administrative principles, should be regulated by law; that expenditures to be made for public officials and appropriations to be allocated depending on these positions are related to the budget; and that the authority to issue Presidential Decrees was used outside the constitutional framework."

"CONSTITUTIONAL IN TERMS OF AUTHORITY REGARDING THE SUBJECT MATTER"

Evaluating the application, the High Court decided that the provisions requested for annulment were not unconstitutional and rejected the request for annulment. 

In the reasoning of the High Court, it was recalled that the Constitutional Court had previously ruled that regulations regarding the creation and abolition of staff positions for ministries and their affiliated organizations, public legal entities established by Presidential Decree, and the central organization of the Presidency and institutions and organizations affiliated with the Presidency could be made via Presidential Decrees, and that this was in accordance with the Constitution in terms of authority regarding the subject matter.

The reasoning stated, "There is no situation requiring a departure from the aforementioned decisions regarding the rules that provide for the creation of staff positions for the Ministry of Family and Social Services, the Ministry of Environment, Urbanization and Climate Change, the Ministry of Culture and Tourism, the Social Security Institution, the Housing Development Administration (TOKİ), the General Directorate of Foundations, and the Presidency of Religious Affairs, as well as the appointment to the press and public relations consultancy position in the central organization of the Presidency of Religious Affairs, and which therefore introduce regulations concerning the organizational structure of the mentioned institutions."