Critical ruling from the Constitutional Court on probationary driver's licenses

According to the Constitutional Court's ruling published in the Official Gazette, the Mardin 1st Administrative Court applied to the High Court during a pending case, claiming that the phrase "...the cancellation of probationary driver's licenses..." in the second paragraph of the additional Article 17 of the Highway Traffic Law No. 2918 was unconstitutional.

REGULATION FOUND UNCONSTITUTIONAL

Examining the application on its merits, the Constitutional Court decided that the relevant provision was incompatible with Articles 13 and 20 of the Constitution and annulled the regulation. The ruling recalled that the conditions and process for the cancellation of probationary driver's licenses were intended to be determined by regulation.

EMPHASIS ON INTERFERENCE WITH PRIVATE LIFE

The justification noted that the cancellation of a driver's license eliminates the right to drive, which has become a part of individuals' daily lives. It was stated that this situation constitutes a limitation on the "right to demand respect for private life."

Stating that fundamental rights and freedoms can only be limited by law, the court assessed that "the mere formal existence of a legal regulation aimed at limiting the right to demand respect for private life is not sufficient; it must also define the fundamental principles, criteria, and framework. A law that limits fundamental rights must possess these qualities, which is also a requirement of the principle of non-delegability of legislative power, guaranteed by Article 7 of the Constitution."

LACK OF LEGAL FRAMEWORK IN THE ANNULLED RULE

The Constitutional Court stated that the regulation did not draw a legal boundary regarding the circumstances under which driver's licenses could be cancelled. It pointed out that leaving the actions that could lead to the cancellation of a license entirely to the discretion of the administration creates an unlimited scope of authority, and therefore, the requirement of legality was not met.

WILL TAKE EFFECT AFTER 9 MONTHS

The court evaluated that the legal vacuum that would arise if the annulment decision took effect immediately could negatively affect the public interest. Accordingly, it ruled that the annulment provision shall take effect 9 months from the date of its publication in the Official Gazette to allow the Grand National Assembly of Turkey (TBMM) to prepare a new regulation.

News Source: 12punto