The Counter-Disinformation Center (DMM) under the Presidential Communications Directorate has denied claims that the Constitutional Court (AYM) has annulled AKP President Recep Tayyip Erdogan’s power to appoint the central bank chief and university rectors.
In a statement made on its social media accounts, DMM reminded that the Constitutional Court had ruled on the application to annul Decree-Law No. 703.
In this decision, the request to revoke the entire ordinance was rejected, and the decision was made to revoke some of the provisions of the ordinance.
The statement emphasized that the Decree-Law regulates 2,375 articles, and noted that the Constitutional Court had decided to invalidate only some of these articles.
“There are no mandatory cancellations.”
The statement included the following statement:
“The cancellation decisions regarding the appointments of university presidents and central bank governors, which also resonated with the public, were made on the grounds that ‘these should be regulated by law, not by cabinet order.’ Therefore, there will be no cancellations.” Merit.
The court ruled that the decision will come into effect 12 months from today. Thus, there will be no change to existing practice. The Presidential Decree on the Appointment Procedures for Senior Administrative Officials and Public Institutions and Organizations will come into force. “The appointment of rectors is already made by the President in accordance with Article 130 of the Constitution of the Republic of Turkey and Article 13 of the Higher Education Law No. 2547.”
Statement by Minister Tunku
A statement on this matter was released by Justice Minister Yilmaz Tunci.
Tunci made the following remarks in a social media post:
“To ensure compliance with the amendments made to the Constitution by Law No. 6771 dated January 21, 2017, the Council of Ministers was empowered to issue Decrees under Enabling Law No. 7142 dated October 5, 2018.
The framework of Authorizing Law No. 7142 was created entirely in accordance with constitutional reform.
Decree Law No. 703, created pursuant to the Authorization Law, was published in the Official Gazette on September 7, 2018, the same day the new government system came into effect.
The Constitutional Court has issued a decision on the application for invalidation of Decree-Law No. 703, ruling on the invalidity of certain provisions and rejecting the request for invalidation of the entire Decree.
The Constitutional Court assessed the form of the regulations it decided to repeal and came to the conclusion that these regulations should be enacted into law, giving the legislator 12 months to take the necessary measures.
As stipulated in Article 104 of the Constitution, the President is responsible for the appointment of senior administrative officials, and the procedures and principles for such appointments are stipulated by Presidential Decree. The Presidential Decree on the Appointment Procedures for Senior Administrative Officials and Public Agencies and Organizations is now in force.
For this reason, comments made by various media outlets that within the new government system, the President’s appointment and other powers under the Constitution, laws and presidential decrees are essentially invalid or ignored are unrealistic.”
To ensure compliance with the amendments made to the Constitution by Law No. 6771, dated January 21, 2017, the Council of Ministers was empowered to issue decrees by Enabling Law No. 7142, dated October 5, 2018.
The framework of Authorizing Law No. 7142 is fully compatible with the Constitutional amendments…
— Yilmaz Tunci (@yilmaztunc) June 4, 2024
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