Court whose lack of jurisdiction ruling was overturned twice in party congress case applies to Constitutional Court: Citing unconstitutionality

The Ankara 26th Criminal Court of First Instance had sent the indictment concerning 11 individuals, including the imprisoned Istanbul Metropolitan Municipality (IMM) Mayor Ekrem İmamoğlu, to the High Criminal Court with a 'lack of jurisdiction' ruling, stating that "there is a bribery charge." In other words, the court had ruled that it did not have the authority to hear this case.

The Ankara Chief Public Prosecutor's Office had objected, stating that the decision was contrary to the law.

The Ankara 42nd Civil Court of First Instance, where the lawsuits filed for the cancellation of the congress were being heard, had decided at the hearing on June 30 to await the outcome of this objection and had adjourned the hearing to September 8.

The following day, on July 1, the High Criminal Court to which the file was sent overturned the Ankara 26th Criminal Court of First Instance's lack of jurisdiction ruling.

Subsequently, on July 4, the Ankara 26th Criminal Court of First Instance issued a lack of jurisdiction ruling again, this time sending the file not to the High Criminal Court, but to the 5th Criminal Chamber of the Ankara Regional Court of Justice.

The 5th Criminal Chamber of the Ankara Regional Court of Justice once again overturned the lack of jurisdiction ruling, stating that it lacked legal merit and that there could be no mention of an implicit jurisdictional dispute.

Ultimately, it was decided that the Ankara 26th Criminal Court of First Instance would hear the case.

The Ankara 26th Criminal Court of First Instance has now taken the dispute to the Constitutional Court.

The court applied to the Constitutional Court on the grounds that the provision stating "an appeal path may be pursued against lack of jurisdiction rulings issued by courts within the judicial judiciary" is unconstitutional.

News Source: İHA