Constitutional Court annuls that authority of the TTB

The Constitutional Court (AYM), upon an application made by certain healthcare personnel, published its annulment decision regarding certain articles of the "Turkish Pharmacists Association Law" in the Official Gazette. The grounds for the objection stated that no principles were established regarding disciplinary practices, that the types of penalties to be applied for specific disciplinary offenses were not regulated in detail, and that the administration was granted unlimited discretionary power in applying these penalties. In this regard, it was argued that it was possible for the lightest or the most severe penalty to be applied for the same act, and that in this state, legal safeguards regarding disciplinary offenses and penalties were not provided, thus violating Articles 2, 38, and 135 of the Constitution.

The AYM examined the relevant part of Article 30, which grants duties and powers in a similar direction to the rule subject to the objection.

The court annulled the aforementioned part on the grounds that it does not allow individuals to foresee, within a legal framework, which concrete act or fact or which legal sanction the 'Pharmacist Chambers' Disciplinary Board' would apply when exercising its authority to impose disciplinary penalties on professional members, lacking sufficient clarity and precision.

The AYM decided that Article 39 of the Turkish Medical Association Law, which states that 'The Disciplinary Board shall impose disciplinary penalties according to the nature of the acts and actions of the members whose documents are submitted to it,' is contrary to the Constitution and annulled it. The decisions will enter into force in 9 months.

News Source: İHA