CHP files application with Constitutional Court against 9th Judicial Package

CHP Group Deputy Chairman Gökhan Günaydın has applied to the Constitutional Court (AYM) for the cancellation of certain articles of the law commonly known as the '9th Judicial Package'. 

According to the report by ANKA, Gökhan Günaydın made a statement following the application to the Constitutional Court, accompanied by Gaziantep MP Hasan Öztürkmen, Bartın MP Aysu Bankoğlu, Muğla MP Gizem Özcan, Muğla MP Cumhur Uzun, Antalya MP Aliye Coşar, and Hatay MP Servet Mullaoğlu.

Gökhan Günaydın stated the following: 

"As long as the People's Alliance majority in the Grand National Assembly of Turkey (TBMM) continues to pass laws that are unconstitutional, we will continue to take these matters to the Constitutional Court to protect the constitutional order. We are here today with some of our fellow lawyer MPs who serve with us in Parliament. The 9th Judicial Package was brought to the commission by the People's Alliance majority and subsequently sent to the General Assembly. Through the effective efforts of both the Republican People's Party and the opposition parties, MPs, and group deputy chairmen who acted with us, some provisions well-known to the public were primarily and completely removed from the scope of the law.

I would like to recall a few points here. For example, the regulation on a woman's surname was a highly erroneous regulation and was removed from that scope. The authority of the Savings Deposit Insurance Fund (TMSF) to appoint trustees to companies was also removed from the scope of the law, and the regulation aimed at paying low prices to property owners in expropriations was also removed from the scope of the law through the efforts and work of the effective opposition. After the agreement reached on these points, despite our voting against them in the General Assembly and expressing their unconstitutionality, some regulations passed the General Assembly, were published in the Official Gazette, and became law because the People's Alliance secured sufficient votes. We have submitted our petition to the Presidency of the Constitutional Court within the legal timeframe, requesting primarily the suspension of their execution and, in any case, their cancellation."

CANCELLATION OF 11 ARTICLES REQUESTED

Günaydın shared the following summary regarding the regulations for which cancellation was requested in the application to the AYM:

"The determination by the Ministry of Justice of the period taken as a basis for property rights in electronic auctions, contrary to the right to property.

The allocation of legal aid allowances in disproportionately high amounts based on the number of members of 'number two' bar associations.

The attempt to determine the scope of the entrance exams for the legal profession and administrative judiciary through regulations, contrary to the principle of legal certainty.

Assigning justice inspectors the duty to investigate whether the actions and behaviors of judges and prosecutors comply with the requirements of their status and duties, without providing legal criteria and contrary to the principle of respect for private life.

The determination of the duties, working procedures, and principles of justice inspectors by the Ministry of Justice.

Granting justice inspectors the authority to collect all kinds of information and documents, which is clearly contrary to the right to the protection of personal data.

Contrary to the right to demand respect for private life and the right to an effective remedy, the unlawful conditioning of the right of a person claiming to be the father, or the husband's descendants, mother, or father, to file a lawsuit for the denial of lineage.

Creating a dual structure by including some forms of the crime of insult within the scope of advance payment, while subjecting the crime of insult committed against a public official due to their duty to conciliation.

Contrary to the principle of the retroactive application of the more favorable law, the conclusion of files that were in the investigation or prosecution phase as of November 14, 2024, according to conciliation provisions instead of advance payment.

The removal of the leasing of foundation cultural assets in exchange for restoration and repair from the scope of the Public Procurement Law, which will lead to new irregularities.

And finally, contrary to the state's obligation to protect forests, the conversion of preliminary permits granted before April 18, 2024, for the presence or construction of judicial service facilities, penal institutions, and all kinds of related places and buildings in forests into final permits."

News Source: 12punto