Decree laws cannot be taken to high court, gov’t tells CHP

ANKARA

Decree laws issued by the government based on its authority granted by the state of emergency cannot be taken to the Constitutional Court for annulment, a senior government official has said, in reply to a vow by Turkey’s main opposition leader to apply to the high court to annul what he called undemocratic measures taken by the government in the aftermath of the July 15 failed coup attempt. 

“The road to the Constitutional Court is closed for [the annulment of] decree laws. Because the issues the Constitutional Court can deal [with] are defined in our constitution. Laws can be taken or parliament’s internal regulation can be taken,” Deputy Prime Minister Veysi Kaynak told reporters on Sept. 14. “Therefore, decree laws cannot be taken to the court. Our constitution does not pave the way for this.”

Kaynak’s statements came in answer to Kemal Kılıçdaroğlu, head of the main opposition Republican People’s Party (CHP), who vowed to apply to the high court next week for the annulment of some articles of the decree laws which the party said were incompatible with democratic standards. 

However, Kaynak suggested there could be changes in some of the articles of the decree laws when they are submitted to parliament for legislation. “These can be corrected or some of its articles can be fully removed. The will of the parliament is essential,” he stressed. 

Recalling that Kılıçdaroğlu expressed his intention to meet Prime Minister Binali Yıldırım to discuss the issue, Kaynak said, “If they would meet face-to-face, they can discuss why all of these [decree laws] are being made.”

In an interview with daily Hürriyet, Kılıçdaroğlu said some decree laws issued by the government were no different from ones issued during past coups by the military junta. 

Recalling that more than 12,000 teachers were discharged over alleged links to the outlawed Kurdistan Workers’ Party (PKK) under the most recent decree law, the CHP leader said that teachers should be tried if they were acting on orders from the PKK, adding it was however not possible to understand why so many teachers were dismissed. 

“If there are those directly linked to the PKK, those who act on orders of the PKK, put them on trial, dismiss them if they are found guilty,” the CHP leader said.