The long-awaited decision on green passports is in! Constitutional Court rejects the appeal

The Constitutional Court (AYM) has rejected an appeal regarding the requirement of "being entitled to retirement with a first-degree cadre" for mayors to obtain a special-stamped (green) passport. The decision was published in the Official Gazette.

The application was made by the 6th Administrative Litigation Chamber of the İzmir Regional Administrative Court. The chamber argued that the condition in question was unconstitutional and requested the cancellation of the regulation.

In the application, it was claimed that the rule did not comply with the principles of legal security and certainty and could create hesitation in practice. It was also alleged that it created inequality that stricter conditions were stipulated for mayors while more flexible conditions were granted to faculty members working outside the status of public officials.

The Constitutional Court conducted its review specifically for mayors who are insured under clause 4/1-c of the Social Insurance and General Health Insurance Law No. 5510, meaning those who started working in civil servant status after October 2008.

In its reasoning, the court stated that the rule clearly sets out the conditions under which mayors can obtain a special-stamped passport, concluding that there is no legal uncertainty.

The Constitutional Court pointed out that the privileges provided by a special-stamped passport are in the nature of a "privilege" and reminded that every Turkish citizen can travel abroad with a general-purpose passport.

In the assessment regarding equality, it was stated that those subject to the former Pension Fund Law No. 5434 and those insured under Law No. 5510 are subject to different social security regimes. The court ruled that the different treatment did not violate the principle of equality on the grounds that these groups could not be considered in a comparable situation.

News Source: 12punto