Constitutional Court Partially Annulled Reform Package

The Constitutional Court annulled crucial parts of the constitutional reform package and dismissed the appeal filed by the Republican People's Party (CHP). The constitutional reform package was supported by the government of the ruling Justice and Development Party (AKP).

The annulment is related to electoral regulations for the members of the Constitutional Court and the Judges and Prosecutors Supreme Council (HSYK). The decision was announced by the President of the Constitutional Court, Haşim Kılıç, after a ten-hour session.

The High Court, which includes a total of eleven members, also reviewed the substance of the amendments although four members voted against it. Two articles related to a change of the structure of members to the Constitutional Court (AYM) and the HSYK were annulled.

According to Mesut Hasan from Radikal newspaper, the annulled articles define the contents regarding the election of members to the AYM and HSYK. The provision would have restricted the number of votes for the candidates to the AYM and HSYK to one per election.

With the annulment, the current system will be continued and votes can be given for several candidates.

The High Court also annulled the provision that would have allowed the President to directly assign four "faculty members of economy and political science departments and senior executives" to the HSYK. The President can assign these members from among law academics and lawyers.

The court furthermore reviewed the 'ban of proposal' regulated in article 4 of the constitutional amendment package. The court reviewed the substance of articles 8, 14, 16, 19, 22 and 26 of the reform package despite the fact that four members voted against it.

The court reviewed article 16/3 which redefined the structure of the AYM and article 22 defining the process of electing members to the HSYK.

Formal objection unanimously dismissed

The court also reviewed the form of the reform package. CHP had appealed because APK deputies had allegedly shown their votes related to the package to each other. CHP saw a violation of the principle of 'secrecy' and demanded to reject the package. The court dismissed this demand unanimously.

Referendum on 12 September

The annulled clauses will be removed from the package. In case the High Election Board (YSK) does not decide otherwise, the constitutional reform package will be subject to a referendum on 12 September.

Press informed with delay

The press was informed very late about the session of the Constitutional Court. Court President Kılıç explained, "This has a certain reason. Our colleagues were seriously disturbed by the negative press reports about the Constitutional Court".

Angry opposition

The opposition parties Freedom and Democracy Party (ÖDP), Equality and Democracy Party (EDP), Turkish Communist Party (TKP), Labour Party (EMEP) and the Socialist Party (SP) agreed that the decision taken by the Constitutional Court was politically motivated.

According to party officials, "The government's constitutional reform package does not meet the needs of an egalitarian, liberal and democratic constitution in Turkey: it is not based on a de facto judicial reform. Its actual aim is to strengthen the government's tutelage over the judiciary". (EÖ/BB/VK)