Statement from Erdoğan's chief advisor Mehmet Uçum regarding the Constitutional Court's Can Atalay ruling: 'It has no executive effect on its own'

The Constitutional Court (AYM) has ruled that the stripping of the parliamentary status of Gezi prisoner and TİP Hatay MP Can Atalay is 'null and void'.

As the AYM's decision was published in the Official Gazette, a swift statement came from Mehmet Uçum, chief advisor to AKP Chairman and President Recep Tayyip Erdoğan.

Uçum argued that the AYM decision would have no executive effect within the legal world.

Uçum's statements on the matter are as follows:

"A brief assessment of the decision rendered by the Constitutional Court regarding a convicted member of parliament, which is legally null and void:

The Constitutional Court majority's conclusion that the decision in the file for which the relevant MP is convicted has not become final, by citing previous violation rulings as justification, means disregarding positive law.

The AYM majority persistently and arbitrarily rejects the confirmation ruling that finalized the decision, which was passed through the stages and issued by the Court of Cassation, the highest judicial authority of the judiciary.

The AYM majority's disregard for the Turkish Grand National Assembly's completion ceremony regarding the stripping of parliamentary status is clearly contrary to Article 85 of the Constitution. Because, according to Article 85, the provision that 'The loss of parliamentary status in the event of a final conviction... occurs upon the notification of the final court decision on this matter to the General Assembly' is outside the scope of the Constitutional Court's review. This ceremony has been completed and the parliamentary status has been stripped. Review of this ceremony by the AYM (even if the application is based on a fabricated justification such as a de facto change in internal regulations) is never possible under the Constitution.

As explained in detail in the dissenting opinion of the subject decision, the AYM majority acted arbitrarily both in its method of handling the application (by not evaluating the fabricated justification in the form of a de facto change in internal regulations in accordance with its past jurisprudence) and by not taking into account the ban on AYM review brought by Article 85 to the second paragraph of Article 84 of the Constitution.

For this reason, as accurately stated in the minority opinion, it is an illegality that a decision of 'no grounds for a decision' was rendered when a decision of dismissal due to lack of jurisdiction should have been rendered. With this decision, the AYM majority has stepped outside of positive law and entered the realm of arbitrariness.

On the other hand, when looking at the legal evaluation of this arbitrary decision, it is clear that a decision of 'no grounds for a decision' will have no executive effect in the legal world.

In other words, by deciding that there are no grounds for a decision, the AYM majority has actually rendered a decision that has no legal effect and has not actually rendered a real decision. No relevant authority is legally obliged to act or take action according to this decision of the AYM. There is also no possibility of taking action according to this decision.

Therefore, trying to draw certain conclusions or making calls by looking at the justification of the AYM majority decision, which is problematic in terms of legal meaning and null and void in terms of legal execution, is a futile effort.

At the very least, attention should be paid to this: the justification is not the verdict. The justification alone has no executive effect. For this reason, care should be taken not to send erroneous and wrong messages in a hurry without studying the subject well."

Anayasa Mahkemesinin bir hükümlü milletvekili hakkında verdiği ve hukuken yok hükmünde olan kararı hakkında kısa değerlendirme:

Anayasa Mahkemesi çoğunluğunun önceki ihlal kararlarını gerekçe göstererek ilgili milletvekilinin hükümlü olduğu dosya kararının kesinleşmediği…

— Mehmet Uçum (@mehmetucum) August 1, 2024

News Source: 12punto

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Constitutional Court rules the stripping of Can Atalay’s parliamentary status is ‘null and void’