Top court annuls several provisions in first presidential decree

ANKARA

The Constitutional Court has issued a decision nullifying 37 separate provisions within a decree that came into force in 2018, marking the initial attempt to structure the governmental system under the presidency.

In a comprehensive justification accompanying the annulment decisions, the top court emphasized that regulations on fundamental rights guaranteed by the constitution can only be established through legislation, not decrees issued by the executive branch.

Highlighted among the annulled provisions were articles concerning the appointment and salary regulations within the presidency, as well as the assignment of judges and prosecutors. Additionally, measures related to the gathering of information on high-ranking state officials were struck down.

The annulment was prompted by a lawsuit filed by the main opposition Republican People's Party (CHP) and a Council of State unit, contesting specific articles within the decree.

Furthermore, the decree had extended the Environment, Urbanization and Climate Change Ministry's authority, granting it powers over zoning, construction and urban renewal. However, the court ruled against this extension, stating that regulations affecting property rights must be established through legislative means.

Another nullified provision was the delegation of legislative preparation and oversight powers to the ministry regarding professional architectural and engineering organizations. The court, highlighting the "autonomous nature" of such bodies, asserted that relevant regulations must be enacted through proper legislative channels.

Additionally, the court nullified the decree's provision assigning the Interior Ministry with the task of organizing the country's administrative divisions. The ruling declared that such significant organizational measures must be formalized through legislation.

The top court has mandated that the annulment will come into effect nine months from its publication in the country's official gazette on Feb. 27. Until then, the government is required to enact legislation addressing the void left by the annulled provisions of the decree.