The Constitutional Court’s 7 Key Decision Areas

The Constitutional Court’s 7 Key Decision Areas. Constitutional Court (AYM) represents the supremacy of law in the Republic of Turkey. The Court ensures that the constitution is the highest authority. Laws and Presidential decrees are supervised by the AYM. A constitutional amendment was made in the year 2010. The individual application route was opened with this amendment. This mechanism has protected the fundamental rights of individuals. The AYM’s impact on the judicial system has increased. Current decisions determine the country’s legal agenda. These decisions play an important role in the protection of fundamental rights and freedoms. In this article, the AYM’s 7 most critical decision areas are examined in depth. The effects of these decisions on the judicial system and individual rights are analyzed.

I. Function of the Constitutional Court and Individual Application

The main authorities of the AYM are the supervision of norms and individual applications. These two authorities protect the constitutional order.

• Norm Supervision: Laws passed by the Grand National Assembly of Turkey are examined. The compliance of laws with the Constitution is checked. Primarily, filing an annulment lawsuit through abstract norm supervision is possible. Political parties in power can use this route. Courts can apply for concrete norm supervision. Furthermore, the unamendable provisions of the Constitution have been protected.
• Individual Application (CMK Art. 148): Everyone whose fundamental rights have been violated can apply via this route. The condition of completely exhausting all ordinary legal remedies is required. The AYM only determines whether a violation of rights has occurred. Moreover, a decision for the elimination of the consequences of the violation is rendered. This system has provided a solution in domestic law before resorting to the ECtHR.

II. Current Decision Areas: 7 Critical Headings

The AYM has rendered precedent-setting decisions on issues directly affecting social life. These decisions establish a binding nature for lower courts.

1. Freedom of Expression and Press: Penalties due to social media posts and journalistic activities are constantly on the agenda. Generally, the AYM has determined that the freedom of expression was violated in these applications. The Court evaluates whether the limit of public interest and criticism has been exceeded. Additionally, it emphasizes that political discourse should be protected. The confidentiality of journalists’ sources has been secured. These decisions have broadened the democratic debate ground.

2. Guarantee of the Right to Property: Expropriation and zoning practices frequently damage this right. Long-lasting trials also violate the right to property. The AYM has taken as its basis the protection of property within the balance of public interest and private interest. For instance, decisions of property right violation have been rendered in de facto expropriation without compensation cases.

3. Right to a Fair Trial and Reasonable Time: A fair trial is the fundamental condition of law. Reasoned court decisions are mandatory. Unreasoned decisions restrict the right to defense. The AYM states that trials must be completed within a reasonable time. The prolongation of trial periods has been accepted as a violation of rights. Therefore, the acceleration of the trial has been aimed for.

4. Protection of Personal Data and Digital Security: The importance of personal data has increased with the development of technology. Telephone tapping, electronic surveillance, and data collection are examined. In addition to this, it is controlled whether the right to privacy has been violated. The arbitrary collection or processing of data has been found to be unlawful. The protection of personal data has been placed under Constitutional guarantee.

5. Right to Assembly and Demonstration: The freedom of peaceful assembly is an indicator of democratic participation. The AYM has prevented the arbitrary restriction of this right. However, actions that seriously disrupt public order are excluded from this protection. Concrete reasons must be presented by administrative authorities to restrict this right. Objections made against administrative fines have been frequently accepted.

6. Right to Liberty and Security: The liberty and security of persons are protected from arbitrary interference. Arrest decisions are particularly examined within this scope. The existence of the legal conditions for arrest is supervised. Consequently, the presence of strong suspicion and the danger of flight together is mandatory. It is also essential that custody periods are reasonable.

7. Election and Political Parties Law: Decisions on the closure of political parties and political bans are rendered by the AYM. These decisions directly affect the foundations of democracy. Moreover, regulations in election bans are also examined for compliance with the Constitution. The protection of political rights holds great importance in this area.

III. Impact of AYM Decisions on the Sub-Judiciary

The violation decisions of the AYM are not limited only to the applicant file. These decisions reshape the legal order.

• Principle of Binding Force: Article 153 of the Constitution states that the AYM’s decisions are binding for everyone. Legislative, executive, and judicial organs are obliged to comply with these decisions. Lower courts are required to render decisions in accordance with the AYM’s precedents.
• Obligation of Retrial: When the AYM determines a violation of rights, the file is sent to the relevant court. Retrialto remedy the violation is ensured. The court must correct the previous unlawfulness. The renewal of the trial occurs at this stage.
• Unification of Legal Precedent: AYM decisions create a precedent unity for future cases. The public’s trust in law is thus reinforced.

IV. Compliance Process with Decisions and Critiques

Full compliance with AYM decisions is an indicator of the principle of the rule of law.

• Resistance Points: Some lower courts have shown resistance to decisions, particularly in the areas of security and counter-terrorism. This situation has created confusion in the judicial system. However, the Supreme Court of Appeals and the Council of State have constantly emphasized the supremacy of AYM precedents.
• Delayed Implementation: Delays in the implementation of decisions cause the violation of rights to continue. The AYM has also rendered compensation decisions against these delays. The remedy of material and moral damage is ensured.
• Effect of Norm Annulment: The annulment of a law article shakes the legal foundation of all judgments based on that article. The AYM has the authority to determine the date of entry into force of the annulment decision.

The Constitutional Court is the Guarantee of the Rule of Law

The Constitutional Court’s 7 Key Decision Areas. Decisions of the Constitutional Court form the basis of the human rights area in Turkey. Individual application mechanism has provided strong protection against judicial violations. Transformative decisions have been rendered in critical areas like expression, property, and fair trial. Therefore, absolute compliance with these decisions is expected from all judicial organs. The importance of AYM decisions is significant for the establishment of a legal security environment.