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* Photo: Anadolu Agency (AA)
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Addressing the reporters in Turkey's southeastern province of Antep, Minister of Justice Abdulhamit Gül has commented on the second ruling of right violation given by the Constitutional Court for Enis Berberoğlu. "The rulings of the Constitutional Court are binding," he has stressed.
CLICK - Second ruling of right violation for Enis Berberoğlu
The General Assembly of the Constitutional Court gave a second ruling of right violation for dismissed main opposition Republican People's Party (CHP) İstanbul MP Enis Berberoğlu yesterday (January 21).
After the local court and the upper court defied the first ruling of right violation of the Constitutional Court, Berberoğlu made a second individual application, indicating that his right to be elected and engage in political activities and right to personal liberty and security were violated.
Concluding this second application yesterday, the Constitutional Court has concluded that the rights of Enis Berberoğlu have been violated and ruled that a copy of the second ruling of right violation shall be sent to the İstanbul 14th Heavy Penal Court, the local court.
'It can be debated, but must be enforced'
Commenting on the ruling within this context, Justice Minister Gül has said, "It also includes this process when we do not agree with or accept all rulings handed down by the Constitutional Court, there will be so much to say when the detailed ruling is pronounced."
"It will be debated, not accepted; but it does not mean that it will not be implemented; rulings are given to be implemented," he has added.
'It is what the Constitution stipulates'
When asked about his opinion as to whether there is a violation of right in Berberoğlu's case, as concluded by the supreme court, Gül has said:
"As you know, the rulings of Constitutional Court are binding. The provisions of the Constitution stipulate it, too. The bindingness of the Constitutional Court rulings stems from the bindingness of the Constitution.
"Therefore, legal certainty is the enforcement of Constitutional Court ruling, which must mean the rule of law.
'We don't agree with some rulings'
"The rulings of the Constitutional Court are binding for the administration, for all institutions, natural and legal persons and courts; in principle, in places where the law is enforced in that sense, it is a requirement of the law that the courts comply with the rulings of the Constitutional Court.
"It also includes this process when we do not agree with or accept all rulings given by the Constitutional Court; there will be so much to say when the detailed ruling is pronounced. It will be debated, it will not be accepted. But it does not mean that it will not be implemented.
"Rulings are given to be implemented. In a state of law, the rules and provisions stipulated by the law are valid.
"Therefore, whatever the law orders, whatever the Constitution orders, it is what needs to happen within the framework of Constitutional Court rulings and the rulings must be enforced." (EMK/SD)
