Legislation
Law on Constitutional Court
CODE ON THE ESTABLISHMENT AND THE RULES OF PROCEDURE OF THE CONSTITUTIONAL COURT
Code No : 6216
Date of Adoption : 30 March 2011
PART ONE
General Provisions
CHAPTER ONE
Purpose, Scope and Definitions
Purpose and scope
ARTICLE 1- The purpose and scope of this Code are to regulate the principles of the Constitutional Court concerning its structure, functions, rules of procedure, the election of its President, vice-presidents and justices, as well as their disciplinary and personnel matters. It also regulates the qualifications, appointment procedures, duties and responsibilities of rapporteur-judges, assistant rapporteur-judges, and staff, along with the rules governing their disciplinary and personnel matters.
Definitions 1
ARTICLE 2- In the implementation of this Code, the following definitions shall apply:
a) President: The President of the Constitutional Court,
b) Presidency: The Presidency of the Constitutional Court,
c) Vice-President: Justices elected by the Plenary to serve as section heads and act as substitutes for the President for a four-year term,
ç) Section: A board composed of six justices under the leadership of a vice-president, with the authority to convene under the vice-president with the participation of four justices to make decisions regarding individual applications,(1)
d) Plenary: A board composed of fifteen justices,(1)
e) Internal Regulations: The Internal Regulations of the Constitutional Court,
f) Seniority: Time elapsed since being elected as a justice of the Constitutional Court or being older, in terms of age, than those elected on the same date,
g) Commission: Boards established for the examination of the admissibility of individual applications,
ğ) Court: The Constitutional Court,
h) Justice: All justices, including the President and vice-presidents.
ı) Supreme Criminal Tribunal: The Plenary of the Court, responsible for the trial of individuals referred to in Article 148 §§ 6 and 7 of the Constitution for crimes related to their duties.
1) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the term “seven” in subparagraph (ç) of Article 2 § 1 was amended to “six” and the term “seventeen” in subparagraph (d) was amended to “fifteen”.
CHAPTER TWO
Duties, Powers and the Court Budget
Duties and powers of the Court 2
ARTICLE 3- The duties and powers of the Court include the following:
a) To hear actions for annulment brought on the grounds that laws, presidential decrees, the rules of procedure of the Grand National Assembly of Türkiye or specific articles or provisions therein violate the Constitution in terms of form and substance, and constitutional amendments in terms of form only.
b) To decide on matters referred to it by courts through actions for concrete review, as specified in Article 152 of the Constitution.
c) To adjudicate individual applications submitted in accordance with Article 148 of the Constitution.
ç) (Amended: 2 July 2018 - Decree-Law no. 703/Art. 209) To try, in its capacity as the Supreme Criminal Tribunal, the President of the Republic, the Speaker of the Grand National Assembly of Türkiye, the vice-presidents, the ministers, the presidents and justices as well as the chief public prosecutors of the Constitutional Court, the Court of Cassation, the Council of State, the Deputy Chief Public Prosecutor of the Republic, the presidents and members of the Council of Judges and Prosecutors and the Court of Accounts, in addition to the Chief of the General Staff and the commanders of the Turkish Land Forces, Naval Forces and Air Forces, for crimes related to their official duties.
d) To adjudicate cases related to the dissolution of political parties and their deprivation of state aid, and address cautionary appeals and requests for the determination of dissolution status.
e) To monitor and ensure compliance of political parties with the law concerning their property acquisitions, revenues and expenditures.
f) In the event that the Grand National Assembly of Türkiye decides to lift the legislative immunity of members of parliament, revoke their status as members of parliament or lift the immunity of vice-presidents and ministers, to make decisions on annulment requests based on allegations of violations of the provisions of the Constitution, laws or the Rules of Procedure of the Grand National Assembly of Türkiye, submitted by the relevant member of parliament or by another member.
g) To elect the President and vice-presidents of the Constitutional Court and the President and Vice-President of the Court of Disputes from among its justices.
ğ) To perform other duties assigned to it by the Constitution.
2) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the term “decree-laws” in subparagraph (a) of Article 3 § 1 was amended to “presidential decrees” and the term “non-parliamentarian” in subparagraph (f) was amended to “vice-presidents and”.
The Court budget
ARTICLE 4- (1) The Court shall be administered through its own budget within the budget of the central administration.
(2) The Secretary General of the Court shall attend the budget discussions in the Grand National Assembly of Türkiye.
Internal regulations
ARTICLE 5- (1) Within the framework of this Code, the following matters shall be regulated by the Internal Regulations, which shall be adopted by the Plenary:
a) The internal order, functioning, organisation, working procedures, record-keeping, organisation of the flow of documents, including electronic documents, archiving, the Court’s library, the General Secretariat, and the administrative organisation, as well as the duties and responsibilities of the Court’s administrative staff,
b) The maintenance of personnel files of the President, justices, rapporteur-judges and assistant rapporteur-judges, their disciplinary matters, leaves of absence and health conditions, the style of robes and the locations where they are to be worn,
c) The working principles and rules of procedure of the Court, the conduct and recording of deliberations and hearings.
(2) The Internal Regulations shall be published in the Official Gazette.
PART TWO
Justices of the Constitutional Court
CHAPTER ONE
Qualifications, Election and Appointment of Justices
Composition of the Court and the qualifications for being elected as justices 3
ARTICLE 6- (1) The Court shall consist of fifteen justices. (1)
(2) To be eligible for election as a justice of the Court, one shall primarily possess one of the qualifications listed below:
a) To hold the position of President or a member in the Court of Cassation, the Council of State, (…)(3), or the Court of Accounts.
b) To have served as a rapporteur-judge in the Court for a minimum of five years.
c) To be at least forty-five years old, have completed higher education and have no impediments to becoming a judge. Additionally, they must meet the following conditions:
1) Holding the title of professor or associate professor in the fields of law, economics or political sciences at higher education institutions.
2) Having worked as a self-employed lawyer for a minimum of twenty years.
3) For justices to be elected from senior-level public officials with at least twenty years of service, being the President or a member of the Higher Education Council, or the rector or dean of an institution of higher education or a deputy minister, undersecretary, deputy undersecretary, ambassador or governor.
4) For first-category judges or public prosecutors, having worked for a minimum of twenty years, including their time as a candidate.
3) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the term “seventeen” in Article 6 § 1 was amended to “fifteen”, the phrase “the Military Court of Cassation, the Supreme Military Administrative Court” was entirely removed from subparagraph (a) of Article 6 § 2, and the term “deputy minister” was added after the phrase “dean or” in subclause (3) of subparagraph (c) in Article 6 § 2.
Election of justices
ARTICLE 7- (1) The Grand National Assembly of Türkiye shall elect, by secret ballot, two justices from among the President and members of the General Assembly of the Court of Accounts, who shall nominate three candidates for each vacant position, and one justice from among three candidates nominated by the presidents of bar associations from self-employed lawyers. In this election, which shall take place at the Grand National Assembly of Türkiye, the first round of voting for each vacant membership requires a two-thirds majority of the total number of justices, and in the second round of voting, an absolute majority of the total number of justices is sought. If an absolute majority is not achieved in the second ballot, a third ballot shall be held between the two candidates who received the most votes. On the third ballot, the candidate with the most votes shall be elected as a justice. Voting shall continue until the tie is broken between candidates who have received the same number of votes in the second and third rounds.
(2) The President of the Republic shall appoint three justices from the Court of Cassation and two justices from the Council of State (…)4 from among three candidates nominated by their respective general assemblies, which comprise their presidents and members, for each vacant position. In addition, three justices shall be appointed from among candidates nominated by the Council of Higher Education for each vacant position, with at least two of them being from the teaching staff in the fields of law, economics and political sciences at higher education institutions, and none of them being Council members. Furthermore, four justices shall be appointed from among senior-level officials, self-employed lawyers, first-category judges and public prosecutors, as well as from among the rapporteur-judges of the Constitutional Court, provided they have served for a minimum of five years as rapporteur-judges.
(3) In the elections held for the nomination of candidates for the position of justice at the Court by the general assemblies of the Court of Cassation, the Council of State (…)5 and the Court of Accounts, as well as by the presidents of the Council of Higher Education and the bar associations, the three candidates with the highest number of votes shall be considered to have been nominated. Elections conducted in accordance with this paragraph shall take place in a single round, and each member can vote for one candidate for each vacant position of justice. Voting shall continue until the tie is broken between candidates who have received the same number of votes.6
4) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the phrase “one justice from the Military Court of Cassation, one justice from the Supreme Military Administrative Court” was entirely removed.
5) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the phrase “the Military Court of Cassation, the Supreme Military Administrative Court” was entirely removed.
6) Pursuant to Article 40 of the Law no. 6524 of 15 February 2014, the phrase “for three candidates” was amended to “for one candidate”.
Notification to the elected justices and non-acceptance of the position
ARTICLE 8- (1) Justices elected by the Grand National Assembly of Türkiye and those appointed by the President of the Republic shall be communicated in writing to the Constitutional Court by the Grand National Assembly of Türkiye and the Presidency of the Republic, respectively. The Presidency of the Constitutional Court shall notify the elected justices of their status.
(2) The full names of the elected justices shall be published in the Official Gazette.
(3) If an individual elected as a justice of the Court declines to accept the position, this matter shall be communicated in writing by the President to the Grand National Assembly of Türkiye if the individual was elected by the Grand National Assembly, to the Presidency of the Republic if the individual was appointed by the President of the Republic, and to the relevant institution or board if the individual was nominated as a candidate.
(4) Within one month from the date of notification, a new justice shall be elected in accordance with the procedure set out in Article 7. If the nominating boards are on holiday, this period shall begin after the end of the holiday.
Oath taking
ARTICLE 9- Before justices assume their duties, they shall take the following oath in the presence of the President of the Republic, the Speaker of the Grand National Assembly of Türkiye, (…)7 the presidents and chief public prosecutors of high judicial bodies, the Minister of Justice and other senior-level officials included in the State protocol, as well as retired justices and others relevant individuals invited by the President. They shall take this oath before the President of the Constitutional Court and its justices:
“I solemnly swear, before the great Turkish nation, that I shall uphold the Constitution of the Republic of Türkiye and protect fundamental rights and freedoms, and that I shall perform my duties with integrity, honesty, impartiality and a deep respect for the truth, free from all forms of influence and concern, with a legal understanding based on the fundamental principles on which the Constitution rests, and following only the orders of my own conscience.”
7) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the term “the Prime Minister” was entirely removed.
Term of office and tenure
ARTICLE 10- (1) Justices of the Court shall be elected for a twelve-year term and cannot be re-elected.
(2) The President and justices cannot be removed from office; they cannot be forced to retire before their term expires or before reaching the age of sixty-five.
(3) The duties of the President and justices shall only cease in cases prescribed in the Constitution and this Code.
Vacancies and termination of justices’ tenure 8
ARTICLE 11- (1) The President shall notify, in writing, those authorised to elect and nominate a justice, two months prior to the termination of a justice’s tenure or immediately in case of any vacancy. Subsequently, an election shall be conducted within two months, following the procedure set out in Article 7, to fill the vacant justice position.
(2) The President and justices can either request their retirement in writing or withdraw from their duties without being bound by a specific term and acceptance. Their tenure concludes after a twelve-year service period from the date of their election. In any case, they shall retire when they reach the age of sixty-five.
(3) (Added: 3 November 2022 - no. 7420/Art. 29) The following provisions shall apply to presidents or justices whose term of office expires before reaching the mandatory retirement age:
a) Those appointed or elected from among the presidents and members of the Court of Cassation, the Council of State and the Court of Accounts shall automatically resume their previous membership roles. This reinstatement shall require no further actions and is not contingent upon the availability of a vacant position. The first position that becomes vacant shall be reserved for them to complete the remainder of their term.
b) Those appointed from higher education institutions may, upon request, be reassigned by the Council of Higher Education either to their original higher education institution, in accordance with the procedures and principles set forth in paragraph (a) of Article 60 of the Law no. 2547 on Higher Education of 4 November 1981, or to one of the three preferred higher education institutions that align their field of specialisation.
c) Those appointed from among senior-level officials, self-employed lawyers, first-category judges, public prosecutors and rapporteur-judges, as well as individuals cited in subparagraph (b) of this paragraph who declare, within one month before their term of office ends, that they do not wish to be appointed to an academic position, shall be appointed as members of the Court of Accounts. Upon completion of their appointment, these positions shall be considered automatically established and incorporated into the relevant staffing table of the Court of Accounts, requiring no further actions. Once vacated, these positions shall be deemed cancelled and removed from the table, with no further actions required. Positions created under this paragraph shall be excluded from the ratio calculations referred to in Article 15 1 of Law no. 6085 on the Turkish Court of Accounts of 3 December 2010.
(4) (Added: 3 November 2022 - no. 7420/Art. 29) The personal rights of the justices whose terms of office have expired shall be maintained by the Court until their appointments to subsequent positions are completed.
(5) (Added: 3 November 2022 - no. 7420/Art. 29) The service period of justices at the Court shall be recognised in their subsequent appointments, in accordance with the legal provisions applicable to their new positions.
(6) (Added: 3 November 2022 - no. 7420/Art. 29) This article shall also extend to those justices envisaged to remain in service until the age limit as per Provisional Article 18 § 6 of the Constitution, and who voluntarily resign from their position of justice prior to reaching the age limit.
(7) The office of the president and justice shall terminate automatically in the event of a final conviction for a crime that mandates dismissal from the roles of judge or public prosecutor, as stipulated by the Law no. 2802 on Judges and Prosecutors of 24 February 1983, or due to the loss of Turkish citizenship. Termination shall also occur upon a decision by the absolute majority of the Court’s justices if a medical board report definitively determines that the justice cannot fulfil their duties for health reasons. Furthermore, termination shall occur in accordance with Article 19, upon the decision of the Plenary, when a justice has been sanctioned with an invitation to voluntarily withdraw from office or is deemed to have resigned.
(8) (Repealed: 2 July 2018 - Decree-Law no. 703/Art. 209)
8) Pursuant to Article 29 of the Law no. 7420 of 3 November 2022, paragraphs were added following the second paragraph of this article, and other paragraphs were arranged accordingly.
Election of the President and vice-presidents of the Constitutional Court and of the President and Vice-President of the Court of Disputes
ARTICLE 12- (1) The President and vice-presidents of the Constitutional Court, as well as the President and Vice-President of the Court of Disputes, shall be elected from among the justices by secret ballot and by an absolute majority of the total number of justices for a four-year term.
(2) Justices whose terms have expired may be re-elected. Elections must be concluded within the two months preceding the termination of these offices.
(3) Other matters pertaining to the elections shall be governed by the Internal Regulations.
Duties and powers of the President
ARTICLE 13- The duties and powers of the President are as follows:
a) To establish the agenda for the Plenary and, when necessary, for the sections.
b) To preside over the Plenary and the Supreme Criminal Tribunal; to delegate a vice-president to perform these duties in their stead if deemed necessary.
c) To assign and dismiss the Secretary General and the deputy secretaries general.
ç) To represent the Court.
d) To approve the Court’s regulations.
e) To monitor the compliance of expenditures with the Court’s budget.
f) To assign justices from the other section in cases where one section cannot convene due to factual or legal impossibilities.
g) To appoint the Court’s staff.
ğ) To ensure the efficient and orderly functioning of the Court and to implement appropriate measures to this end.
h) To provide information and statements to the media and the public about the Court when necessary, or to delegate a vice-president, a justice or a rapporteur-judge for this task.
Duties and powers of the vice-presidents
ARTICLE 14- (1) The senior vice-president shall assume the duties and powers of the President in the event of a vacancy in the presidency; when the President is excused or on leave, a vice-president designated by the President shall perform these duties. Should the vice-presidents also be unavailable, the most senior justice shall preside over the Court.
(2) The duties and powers of the vice-presidents are as follows:
a) To preside over sections and, when deemed necessary by the President, over the Plenary or the Supreme Criminal Tribunal.
b) To establish the agenda for the section they chair.
c) To facilitate the rotational service of justices in commissions formed within the sections.
ç) To perform other duties stipulated by this Code and those tasks delegated by the President.
Liabilities of the justices
ARTICLE 15- (1) Justices:
a) shall conduct themselves with honour and dignity befitting the judicial profession; they shall refrain from any activities that conflict with their duties,
b) shall attend the sessions unless they have a valid excuse,
c) shall not disclose their opinions and thoughts on matters addressed by the Court,
ç) shall maintain the secrecy of the sessions and the voting,
d) shall not abstain from voting,
e) shall not assume any other official or private roles outside their judicial duties; they may attend national and international congresses, conferences and similar scientific gatherings with the President’s permission.
(2) Membership in associations dedicated to sports, social and cultural purposes is not considered a duty, provided that one does not hold positions on their executive or audit committees.
CHAPTER TWO
Provisions Relating to Disciplinary Procedures, Crimes and Punishments
Investigations and inquiries concerning the President and justices
ARTICLE 16- (1) Investigations into alleged crimes committed by the President and Justices in connection with or during the performance of official duties, or related to personal crimes or disciplinary actions, shall be initiated upon the decision of the Plenary. However, in cases of discovery in flagrante delicto within the jurisdiction of the assize court, investigations shall proceed in accordance with general provisions.
(2) The President shall not process complaints and notifications that are anonymous, unsigned, lack a specific address, do not pertain to a particular incident or cause, or lack substantiated evidence or grounds. Nevertheless, if such complaints and notifications are substantiated by material evidence, the necessary investigations and inquiries shall be conducted.
(3) When deemed necessary, the President may commission a justice to conduct a preliminary inquiry before referring the matter to the Plenary. The justice assigned to carry out the examination to assess the need for an investigation shall submit a report of the findings to the President upon completion of the inquiry.
(4) The President shall place the matter on the agenda and it shall be deliberated by the Plenary. The justice subject to the proceedings cannot participate in such deliberations. If the Plenary concludes that there is no need for an investigation, this decision shall be communicated both to the concerned justice and the parties who filed the notification and complaint.
(5) Upon deciding to proceed with an investigation, the Plenary shall appoint three justices to establish the Investigation Board. The most senior justice shall chair the Investigation Board. The Investigation Board is endowed with all the powers granted to the public prosecutor under the Criminal Procedure Code no. 5271 of 4 December 2004. Any actions required by the Board concerning the investigation shall be promptly performed by the competent local judicial authorities.
(6) Procedures regarding the conduct of a preliminary inquiry, the selection of justices of the Investigation Board, the conduct of the investigation, and other necessary decisions shall be regulated by the Internal Regulations.
(7) In instances where the President is the party allegedly involved in the aforementioned behaviour and conduct, the actions incumbent upon the President shall be executed by the most senior vice-president.
Judicial investigation and prosecution 9
ARTICLE 17- (1) Except for cases of discovery in flagrante delicto relating to personal crimes within the jurisdiction of the assize court, protective measures against the President and justices on account of alleged crimes committed in connection with or during the performance of official duties or on account of personal crimes may only be taken as per the provisions of this article.
(2) For cases of discovery of in flagrante delicto pertaining to personal crimes within the jurisdiction of the assize court, the investigation shall proceed in accordance with general provisions. If an indictment is drawn up, the prosecution shall be conducted by the competent criminal chamber of the Court of Cassation.
(3) In cases of crimes and personal crimes committed in connection with or during the performance of official duties, except in cases of discovery in flagrante delicto regarding personal crimes within the jurisdiction of the assize court, if the Investigation Board requests that protective measures specified in Code no. 5271 or other laws be taken during the investigation, the Plenary shall decide on the matter.
(4) Upon concluding the investigation, if the Investigation Board finds that initiating a criminal case is unnecessary, it shall rule that there is no need for prosecution. Conversely, if the Board considers it necessary that a criminal case be initiated, it shall refer the indictment and case files to the Constitutional Court when the crimes are related to official duties, so the Court may sit as the Supreme Criminal Tribunal. For personal crimes, the case shall be referred to the Presidency for referral to the competent criminal chamber of the Court of Cassation. Decisions made by the Investigation Board shall be communicated to the accused and to the complainant, if any.
9) Pursuant to Article 15 of the Decree-Law no. 608 of 2 January 2017, the phrase “by the General Assembly of Criminal Chambers of the Court of Cassation” in the second paragraph of this article was amended to “by the competent criminal chamber of the Court of Cassation” and the phrase “to the General Assembly of Criminal Chambers of the Court of Cassation” in the fourth paragraph of the same article was amended to “to the competent criminal chamber of the Court of Cassation”, and subsequently this provision was adopted without any change by Article 14 of Law no. 7072 of 1 February 2018.
Disciplinary investigation procedures
ARTICLE 18- (1) Disciplinary investigations concerning the President and justices for behaviour and conduct that do not conform to the honour and dignity befitting the judicial profession or that result in service disruptions shall be conducted in accordance with the rules specified in Article 16. The Plenary, based on the available information, evidence and the nature of the alleged behaviour and conduct, shall determine the necessity of a disciplinary investigation.
(2) Criminal investigations and prosecutions do not preclude the conduct and enforcement of separate disciplinary proceedings. If more than one year has passed since the discovery of actions warranting a disciplinary investigation, no such investigation may be initiated. No disciplinary sanctions may be imposed if five years have passed since the action necessitating a disciplinary sanction was committed. If the action requiring disciplinary sanction also constitutes a criminal offence and the law prescribes a longer statute of limitations for that offence, and a criminal investigation or prosecution is initiated, then the statute of limitations specified in the law shall take precedence over the period mentioned in this paragraph. When the Plenary decides to await the outcome of a prosecution, the authority to impose disciplinary sanctions shall lapse one year after the adjudication by the court conducting the prosecution becomes final.
(3) Should the Plenary resolve to initiate a disciplinary investigation, the Investigation Board shall gather pertinent information and establish the substantiating evidence. It may take sworn statements from individuals it considers necessary and shall notify the person in question of the alleged behaviour and conduct, inviting them to submit a defence within a period not less than fifteen days. From the moment the request for their defence is made, the individual concerned is entitled to examine the investigation documents.
(4) Public administrations, public officials, and other natural and legal persons, including banks, shall be obliged to respond to the questions of the Investigation Board and to comply with its requests relating to the investigation.
(5) Upon concluding the investigation, the Investigation Board shall compile a report detailing the information and evidence obtained and stating its decision as to whether disciplinary sanctions are warranted. This report, along with its appendices, shall be submitted to the Presidency for presentation to the Plenary.
(6) The President shall notify the person concerned in writing of the results of the investigation and shall invite them to present an oral or written defence before the Plenary within a specified period, which shall be no less than five days.
(7) In the light of the results of the disciplinary investigation, the Plenary shall decide whether to extend the investigation if deemed necessary, to dismiss the case if the alleged behaviour and conduct are not substantiated, or to impose the appropriate disciplinary sanction if the allegations are substantiated.
Disciplinary sanctions and their enforcement
ARTICLE 19- (1) If the President and justices assume any official or private responsibilities beyond their primary duties, or if their behaviour and conduct are found to be contrary to the oath they have taken or to the honour and dignity befitting the judicial profession, thereby causing a disruption of services, they may be subject to disciplinary sanctions such as a warning, censure or an invitation to withdraw from office, depending on the severity of the act.
(2) The imposition of the sanction of an invitation to withdraw from office requires a two-thirds majority vote of the Plenary.
(3) The person concerned may file an application to the Plenary for a review of the decision within fifteen days from the date of notification. The decision resulting from the Plenary’s subsequent review shall be final. The President shall notify the individual concerned and ensure the enforcement of the Plenary’s decision.
(4) The justice who has been invited to withdraw from office and does not comply within one month from the notification shall be deemed to have resigned and shall be considered as on leave during this period.
PART THREE
Organisational Structure
CHAPTER ONE
Organisation of the Court
Organisation
ARTICLE 20- The organisation of the Constitutional Court shall consist of the Presidency, the Plenary, sections, commissions, the General Secretariat and administrative units.
Plenary
ARTICLE 21- (1) The Plenary shall comprise the fifteen justices of the Court. It shall convene under the chairpersonship of the President or a vice-president designated by the President, with a quorum of at least ten justices.10
(2) The duties of the Plenary shall be as follows:
a) To hear actions for abstract review and concrete review and to conduct trials in the capacity of the Supreme Criminal Tribunal.
b) To perform financial audits on political parties and to adjudicate cases and applications.
c) To adopt or amend the Internal Regulations.
ç) To elect the President and vice-presidents of the Court and the President and Vice-President of the Court of Disputes.
d) To allocate tasks between the sections and, if the workload of a section increases excessively within a year, disrupting normal operations and creating an imbalance, to convene at the start of the calendar year and redistribute tasks to the other section as needed.
e) To definitively settle disputes regarding the allocation of tasks between the sections and, in the event of factual or legal impossibilities preventing one section from fulfilling its duties, to delegate those responsibilities to the other section.
f) To decide whether to initiate disciplinary or criminal investigations into justices, to implement necessary investigation and prosecution measures, and when required, to impose disciplinary sanctions or terminate a justice’s office.
g) To examine objections.
10) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the term “seventeen” in this paragraph was amended to “fifteen” and the term “twelve” was amended to “ten”.
Sections and commissions
ARTICLE 22- (1) The Court shall have two sections, each chaired by a vice-president and comprising six justices, which adjudicate individual applications. Sections shall convene with four justices present under the chairpersonship of a vice-president.11
(2) The composition of sections and commissions and the allocation of tasks shall be regulated by the Internal Regulations.
11) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the term “seven justices” was amended to “six justices”.
PART TWO
The General Secretariat, Rapporteur-Judges and Assistant Rapporteur-Judges
Duties of the Secretary General and the Deputy Secretary General
ARTICLE 23- (1) A General Secretariat shall be established under the Presidency. The working principles of the units operating under the General Secretariat shall be laid down in a regulation.
(2) The Secretary General shall be appointed by the President from among the rapporteur-judges. In cases where the Secretary General is not on duty, he shall be replaced by the Deputy Secretary General, appointed by the Secretary General.
(3) The duties and powers of the Secretary General shall be, under the supervision and control of the President, as follows:
a) To record and allocate applications,
b) To conduct administrative affairs regarding the meetings of the Plenary and the units,
c) To ensure that verdicts and reports are automated and archived,
ç) To carry out Court’s correspondence,
d) To follow-up the implementation of the decisions of the Court and to inform the Plenary on this matter,
e) To spend the budget and to inform the President on this matter,
f) To conduct institutional, scientific, administrative, financial and technical affairs of the Court,
g) To arrange protocol affairs,
ğ) To ensure direction and management of staff,
h) To carry out other works as assigned by the President within the framework of the provisions of Law, Internal Regulation and regulations.
(4) Three Deputy Secretary Generals shall be appointed by the President from among the rapporteur-judges. Matters relating to the duties of and the allocation of work among the Deputy Secretary Generals shall be regulated.
Rapporteur-judges
ARTICLE 24- (1) An appropriate number of rapporteur-judges shall be assigned or appointed to the Court to assist with judicial and administrative tasks.
(2) To be eligible to serve as a rapporteur-judge at the Court, the following qualities to be present are as follows:
a) To be a judicial or administrative judge or a public prosecutor or an auditor, chief auditor or specialist auditor of the Turkish Court of Accounts who has been successfully practising his profession for at least five years,
b) To be an assistant professor or associate professor in the relevant discipline, such as law, economics or political sciences, or a research assistant who has completed his/her doctoral studies.
c) To be an assistant rapporteur-judge who has served successfully for at least five years, excluding the period of candidacy.
(3) To have been awarded a minimum of (C)-level certificate at the Foreign Language Proficiency Exam for State Employees and to have completed graduate studies shall be preferable during assignment and appointment as a rapporteur-judge.
(4) Rapporteur-judges shall be administratively accountable to the President and shall perform their duties in compliance with the tenure of judges.
Appointment of rapporteur-judges, their employment rights, disciplinary and penitentiary proceedings
ARTICLE 25- (1) Those wishing to serve as rapporteur-judges shall submit their requests in this respect to the Presidency.
(2) Rapporteur-judges shall be appointed by the institution to which they are assigned, after due consideration by the President.
(3) With the exception of the cases provided for in this Code, the provisions relating to the professions in which they are engaged shall apply to questions relating to the appointment of assigned rapporteur-judges, and the period during which they are assigned to the Court as rapporteur-judges shall be regarded as time spent in the exercise of their profession. Written information provided by the President shall be deemed to be the basis for promotion and advancement.
(4) The promotion period for rapporteur-judges appointed to the staff positions of the Court shall be two years.
(5) The monthly salaries and other financial entitlements of the rapporteur-judges, including assigned ones, shall be borne by the budget of the Court.
(6) Actions relating to the right to leave and to the health of the assigned rapporteur-judges shall be carried out by the Presidency and their institutions shall be informed for registration in their staff files.
(7) Rapporteur-judges appointed pursuant to subparagraphs (a) and (b) of the second paragraph of Article 24 shall be dismissed from their duties in the same manner as they were assigned. The appointments to be made following their retirement shall be made in accordance with laws to which they are subject, taking into account their grades and seniority, their work at the Court and their own preferences.
(8) Rapporteur-judges appointed pursuant to sub-paragraphs (a) and (b) of the second paragraph of Article 24 shall be appointed as rapporteur-judges of the Court at their request and after due consideration by the President. Rapporteur-judges appointed as such shall cease to be affiliated to their former institution.
(9) With regard to the pension rights and guarantees of those who appointed to the post of rapporteur-judges of the Court, they shall be subject to the provisions applicable to the first category, selected first category, second category and third category judges and prosecutors in terms of seniority, class and grade. In addition to other indicators, the condition of ‘having lost the right to be elected to the Court of Cassation and the Council of State’, which is required for judges and prosecutors elected in the first category, is applied to appointed rapporteur-judges as ‘not having lost the qualities to be elected in the first category.
(10) In cases where this Law does not provide for the monthly salaries, allowances, financial, social and pension rights, investigation and prosecution procedures for their judicial offences and other rights of the rapporteur-judges who have been appointed to the Court, the provisions of Law no. 2802 shall be applied.
(11) The rapporteur-judges appointed in accordance with sub-paragraphs (a) and (b) of the second paragraph of Article 24 shall, with the approval of the President, be dealt with by the institutions with which they are associated, in accordance with the provisions of the law applicable to them, for offences committed in the performance of their duties, for offences committed in the exercise of their functions and for personal offences.
Duties of rapporteur-judges
ARTICLE 26- (1) Rapporteur-judges shall prepare the initial and merits examination reports of the files that have been given to them by the President and attend meetings, perform tasks that have been specified in Law and the Internal Regulation regarding individual applications.
(2) If required, rapporteur-judges may be assigned tasks such as hearing witnesses or experts and similar tasks by the President.
(3) Rapporteur-judges may be assigned to commissions by the President.
(4) Rapporteur-judges may deliver lectures and hold courses and conferences at universities, the Justice Academy of Türkiye and at similar institutions and organisations, subject to the approval of the President.
(5) They shall perform other duties assigned to them by law, the Internal Regulations, the Rules of Procedure or the President.
Assistant rapporteur-judges and candidates
ARTICLE 27- (1) In the Court, an appropriate number of rapporteur-judges shall be assigned or appointed to assist in the judicial and administrative tasks.
(2)Those who qualify from among those who have completed at least four years of higher education in the fields of law, political sciences, economics, management and economic and administrative sciences, or who are graduates of foreign educational institutions that have been recognised as equivalent thereto, or who have graduated from a faculty of law and have taken examinations for the missing courses in accordance with the curricula of faculties of law in Türkiye and have obtained a certificate of achievement, shall be appointed by the President as candidates for assistant rapporteur-judges. In order to be admitted to the examination, candidates must have completed their military service or have a deferment or exemption from military service; they must not have reached the age of thirty on the last day of January of the year in which the examination is held if they have a bachelor's or master's degree; they must not have reached the age of thirty-five if they hold a doctorate degree; and they must possess the general qualifications laid down in Article 48 of Law no. 657 of 14 July 1965 on Civil Servants.
(3) The entrance examination is comprised of a written test and an interview.
(4) The interview shall be conducted by evaluating the candidate on the following aspects and by awarding points separately:
a) Ability to grasp and summarise a subject, ability to express oneself and ability to reason,
b) Dignity, representation skills, professional behaviour and attitude,
c) Self-confidence, ability to persuade and be persuasive,
ç) Key competencies and general knowledge,
d) Responsiveness to scientific and technological
Candidates shall be assessed by the Committee on the basis of twenty points for each of the aforementioned qualifications and the marks awarded shall be recorded separately in the minutes. No other recording system shall be used in relation to the interview.
(5) Assistant rapporteur-judges and assistant rapporteur-judge candidates are included in the category of general administrative services in Law no. 657 and not in the category and ranks of rapporteur-judges. They shall be subject to the provisions of Law no. 657 which are not contrary to this Law.
(6) In order to be appointed to the post of assistant rapporteur-judge, the assistant rapporteur-judge must have been practising for at least five years and must have had his or her dissertation approved. Those who satisfy these conditions may, on the proposal of the Secretary General and with the approval of the President, be appointed as rapporteur-judges, taking into account the circumstances of their position.
(7) The procedures and principles of the entrance examination for the candidacy of assistant rapporteur-judges, the form and conditions of the training of candidates, the procedures and principles of the examination at the end of the period of candidacy, the form and content of the theses to be composed by assistant rapporteur-judges and other matters shall be specified in a regulation.
High Disciplinary Board
ARTICLE 28- (1) With the exception of the President, Vice-President, Justices and the persons referred to in sub-paragraphs (a) and (b) of the second paragraph of Article 24, disciplinary matters concerning the staff of the Court shall be settled by the Higher Disciplinary Board.
(2) The Board shall be comprised of three rapporteur-judges appointed on the proposal of the Secretary General and with the approval of the President. The most senior of them shall preside over the Board.
3) The provisions of Law no. 657, which do not interfere with the provisions of this Law, shall be applicable in cases where disciplinary measures and sanctions are required. The working procedures and principles of the Board and other matters shall be established by regulation.
PART THREE
Service Units
Service Units
ARTICLE 29- (1) The service units of the Court are composed as follows:
a) Directorate of Registry
b) Directorate of Administrative and Financial Affairs
c) Directorate of Personnel
ç) Directorate of Publication and Public Relations
d) Directorate of International Relations
e) Directorate of Strategy Development
f) Directorate of Technical Services
g) Office of the Private Secretary
ğ) Office of the Press Counsellor
(2) Whenever required, new units may be established on the proposal of the President and with the approval of the Plenary.
(3) The duties and responsibilities of service units are set out in the regulation.
The staff of the Court and their designation
ARTICLE 30- (1) In the performance of its duties, the Court shall employ an adequate number of staff who shall serve in the legal, administrative and financial fields. In respect of such staff, the provisions of Law no. 657 shall be applicable to the extent that they are not in breach of the provisions of this Law.
(2) The appointment of staff shall be carried out by the President upon the proposal of the Secretary General.
Provisional assignment
ARTICLE 31- (1) In cases deemed necessary in the performance of the Court of its duties as given to it by the Constitution and in this Law; rapporteur-judges, prosecutors and auditors of the Turkish Court of Accounts, of those working in public institutions and organisations who hold the status of civil servants and other public officials may be assigned to the Court on the condition that their monthly salaries, allowances, all kinds of promotions, compensations and other financial and social rights and assistances are covered by their institutions. Assignments made under this provision shall be subject to the approval of the public official. The duration of such assignments shall not exceed one year. However, if necessary, this period may be extended for six-month periods.
(2) The President’s request for an assignment within this framework shall be carried out within ten days by the respective institutions and boards, provided that there is no legal obstacle. The institutions of the persons concerned shall take into account the duration of the provisional assignment for the purposes of the promotion and retirement of such persons, so that their staffing rights are maintained.
(3) During provisional assignment, the President shall inform in writing the institutions and organisations concerned as a basis for promotion and advancement in grade.
(4) With regard to those provisionally assigned to other institutions and of judges, prosecutors, Turkish Court of Accounts professionals, the difference between their net monthly salaries of rapporteur-judges and other payments; and regarding civil servants and other public officials, the difference between the monthly salaries of equivalent civil servants and other payments shall be settled separately. The provisions relating to monthly salaries shall apply to payments that shall be made under this clause and no other taxes shall be imposed except stamp duty, which shall not be taken into account in any which way in the calculation of any other payment.
Contracted staff
ARTICLE 32- (1) Press advisors and interpreters may be employed at the Presidency of the Court, in so far as such posts are provided for, without being subject to the provisions of Law no. 657 and other laws concerning the employment of contracted staff.
(2) The gross contract price to be paid in accordance with the provisions of the contract to the persons to be employed as such shall be determined by the Presidency so as not to exceed the average gross monthly salaries established for assistant rapporteur-judges in grade 1.
Service provision
ARTICLE 33- The President is duly empowered to employ national and foreign experts to carry out work requiring specific professional knowledge and expertise, by way of providing services, provided that this is done only in compulsory and exceptional cases, as mandated for the preparation, implementation, management and operation of projects in areas required by the Court.
Appointment of administrative staff to the Ministry of Justice
ARTICLE 34- With the exception of those who are appointed pursuant to Article 27, the staff of the service units of the Court who are subject to Law no. 657, may be appointed by the Ministry of Justice, on the proposal of the Secretary General and the opinion of the President, to the central and provincial staff positions of the Ministry.
PART FOUR
Procedures of Examination and Trial
CHAPTER ONE
Action for Annulment
Those authorised to bring an action for annulment
ARTICLE 35- (1) Those who are directly entitled to bring an action for annulment on the grounds that laws, presidential decrees, the rules of procedure of the Grand National Assembly of Türkiye and certain articles or provisions thereof are in breach of the Constitution are as follows:12
a) President of the Republic
b) (Amended: 2 July 2018 - Decree Law no. 703/Art. 209) Each of the political parties with the highest number of members in the Grand National Assembly of Türkiye.
c) Members of the Grand National Assembly of Türkiye who constitute at least one-fifth of the absolute number of its members.
(2) (Amended: 2 July 2018 -Decree Law no. 703/Art. 209) In case of equality of the number of members at the Grand National Assembly of Türkiye, the groups of political parties that are entitled to bring an action for annulment shall be determined by the number of valid votes received in the last parliamentary elections.
(3) The President of the Republic or the members of the parliament that constitute at least one- fifth of the absolute number of members in the Grand National Assembly of Türkiye shall be entitled to bring an action of annulment on the grounds that amendments to the Constitution and laws are contradictory with the Constitution as regards their form.
12) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the phrase “decree-laws” in the first paragraph of Article 35 was amended to “presidential decrees”.
ARTICLE 36- (1) Review as to form shall be limited to whether the majority of the proposals, the majority of the votes and the condition that amendments to the Constitution cannot be deliberated with immediate effect have been complied with; and whether the final voting of the laws or the Rules of Procedure of the Grand National Assembly of Türkiye has been carried out by the prescribed majority.13
(2) Actions for the annulment of amendments to the Constitution can only be brought on the grounds of formal incompatibility.
(3) Actions for annulment that are based on a formal irregularity shall first be adjudicated on by examination by the Court.
(4) A claim of unconstitutionality based on a formal irregularity shall not be brought before the courts.
Period for filing an action for annulment
ARTICLE 37- The right to directly bring an action for annulment on the grounds that constitutional amendments and laws are inconsistent in form with the Constitution shall expire ten days from the date of their publication in the Official Gazette; and the right to directly bring an action for annulment on the grounds that Presidential Decrees and the Rules of Procedure of the Grand National Assembly of Türkiye or certain articles and provisions thereof are contradictory in form and in substance and laws which are in contradiction with the Constitution only in form shall expire sixty days from date of their publication in the Official Gazette.14
13) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the phrase “by decree-laws” in the fourth paragraph of Article 37 was amended to “by presidential decrees”.
14) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the phrase “decree-laws” in the fourth paragraph of Article 39 was amended to “presidential decrees”.
Principles to be observed when bringing an action for annulment15
ARTICLE 38- (1) The action for annulment, which shall be brought on the grounds that laws, Presidential decrees, the Rules of Procedure of the Grand National Assembly of Türkiye or certain articles or provisions thereof are in contradiction with the Constitution, shall be brought upon the decision to be taken by the plenaries of the political parties referred to in sub-paragraph (b) of the first paragraph of Article 35, by an absolute majority.
(2) In the event that the case is brought by the members of the Grand Turkish National Assembly, as provided for in the first paragraph of Article 35 (c), the names of two members shall be indicated in the petition so that the Court may notify them.
(3) The action for annulment shall be deemed to have been filed on the date on which the action for annulment of the constitutional amendments and laws, Presidential decrees and the Rules of Procedure of the Grand National Assembly of Türkiye, or certain articles or provisions thereof, on the grounds that they are contrary to the Constitution, is forwarded to the Directorate of Registry by the Secretariat General. The General Secretariat shall provide the applicant with a document indicating that the application has been registered.
(4) If the case is brought by members of the parliament constituting at least one-fifth of the total number of the members of the Grand National Assembly of Türkiye, the number, names and surnames of the members, their constituencies and their signatures must be available together with the petition. Each page of such a petition containing signatures shall be approved by the Speaker of the Grand National Assembly of Türkiye or by an official that the latter shall appoint by way of placing their seal and signature to the effect that those whose signatures appear thereon are members of the parliament and that such signatures belong to them, and as such this petition shall be submited to the General Secretariat.
(5) In the case of actions brought by the political party groups, approved samples of the decision of the group’s Plenary session and approved samples of documents attesting that those whose signatures are on the application are group chairmen or their deputies shall be forwarded to the General Secretariat together with the application.
(6) In the case of actions for annulment, it is obligatory to state the articles of the Constitution with which the provisions claimed to be unconstitutional are contrary to, and the grounds thereof.
15) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the phrase “the Prime Ministry” in the fourth paragraph of Article 39 was amended to “the Presidency”.
Rectification of shortcomings and providing opinions
ARTICLE 39- (1) The Court shall examine whether the statement of claim(petition) meets the criteria laid down in Article 38 within ten days starting from the date of registration. If there are deficiencies in the petition, a decision shall be issued stating that the deficiencies must be rectified within a period of not less than fifteen days.
(2) If the action has been brought by the members of the parliament constituting at least one-fifth of the total number of members of the Grand National Assembly of Türkiye, the notification regarding the rectification of the shortcomings must be made to the members of the parliament designated as addressees of notifications and if such information has not been ascertained in the petition, the notification shall be made to the two members whose names and surnames are indicated at the very beginning of the petition.
(3) In the event that the shortcomings are not rectified within the period referred to in the first paragraph, the Plenary shall consider that the action for annulment has not been lodged at all. Such decision shall be notified to those concerned.
(4) In the case of actions for annulment, if the Court decides on the examination on the merits, the petition and its annexes shall be submitted to the Office of the Speaker of the Grand National Assembly of Türkiye, the Presidency and to the groups of the political parties that are entitled to bring an action for annulment. The relevant offices may submit their written opinions regarding the action for annulment to the Court for consideration.16
16) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the phrase “the Prime Ministry” in this paragraph was amended to “the Presidency”.
CHAPTER TWO
Concrete Review
Claim of unconstitutionality raised by courts
ARTICLE 40- (1) If a court hearing a case considers applicable provisions of a law or presidential decree contrary to the Constitution, or if it is convinced of seriousness of such a claim submitted by one of the parties, it shall proceed by submitting the following documents;17
a) The original copy of the reasoned application decision, stating the articles of the Constitution which are in conflict with the provisions requested to be annulled,
b) The certified copy of the minutes regarding the application decision,
c) Certified copies of the petition, the indictment or documents initiating the case together with the respective sections of the file, to the Constitutional Court by affixing to an index.
(2) If the claim of unconstitutionality put forward by the parties is not deemed serious by the Court hearing the case, the request in this regard shall be dismissed by giving the justifications thereof. This matter may be subject to appeal together with the main judgment.
(3) The General Secretariat shall forward the documents received to the office of the executive assistant and inform the requesting court with by letter.
(4) Within ten days of the registration of the documents, the application shall be examined as to its compliance with the procedure. The Court shall dismiss the actions for concrete review which are manifestly ill-founded or not in compliance with the procedure shall be rejected by the Court with justifications thereof without proceeding with the examination on merits.
(5) The Constitutional Court shall deliver and announce its judgment within five months from the date of receipt of the case in its entirety. If no decision is rendered within this period, the competent court shall finalise the case as per effective provisions. However, if the judgment of the Constitutional Court is issued before the final judgment on the merits, the court shall be obliged to comply with it.
17) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the phrase “the decree-law” in this paragraph was amended to “the presidential decree”.
Circumstances preventing the application
ARTICLE 41- (1) No claim of unconstitutionality shall be made with regard to the same legal provision until ten years have elapsed after publication in the Official Gazette of the decision of the Constitutional Court dismissing the application on its merits.
(2) If there are other files in the court of appeal to which the challenged rule is to be applied, the application for review is deemed to await those files as well.
CHAPTER THREE
Common Provisions on the Actions for Abstract and Concrete Reviews
Regulations whose unconstitutionality cannot be challenged
ARTICLE 42- (1) No action for annulment may be brought against international treaties which have been duly enacted in form or in substance, nor may a claim of unconstitutionality be raised before the courts.
(2) Furthermore, it cannot be claimed that the provisions of the following Acts, existing on 7 November 1982, are contrary to the Constitution, as follows:
a) Act no. 430 of March 3, 1340 (1924) on the Unification of the Educational System,
b) Act no. 671 of November 25, 1341 (1925) on the Wearing of Hats,
c) Act no. 677 of November 30, 1341 (1925) on the Closure of Dervish Monasteries and Tombs, the Abolition of the Office of Keeper of Tombs and the Abolition and Prohibition of Certain Titles,
ç) The principle of civil marriage according to which the marriage act shall be concluded in the presence of the competent official, adopted with the Turkish Civil Code no. 743 of February 17, 1926, and Article 110 of the Code,
d) Act no. 1288 of May 20, 1928 on the Adoption of International Numerals,
e) Act no. 1353 of November 1, 1928 on the Adoption and Application of the Turkish Alphabet,
f) Act no. 2590 of November 26, 1934 on the Abolition of Titles and Appellations such as Efendi, Bey or Pasha,
g) Act no. 2596 of December 3, 1934 on the Prohibition of the Wearing of Certain Garments.
Examination over the case file and not being bound by the reasons brought forward 18
ARTICLE 43- (1) In the case of an action for annulment and contention of unconstitutionality, the examination shall be carried out on the basis of the file. The Court may also, if it deems necessary summon the parties and persons with knowledge of the matter to provide oral explanations.
(2) An official authorised by the President of the Republic shall make an oral statement on behalf of the President of the Republic.
(3) The Court shall not be obliged to rely on the grounds put forward to raise the alleged unconstitutionality of laws, Presidential decrees and the Rules of Procedure of the Grand National Assembly of Türkiye. The Court may rule on unconstitutionality on other grounds, provided that it is bound by the application. (1)
(4) If the action has been brought against only certain articles or provisions of law, the Presidential decree or the Rules of Procedure of the Grand National Assembly of Türkiye, and if the annulment of such articles or provisions would result in the inapplicability of certain other provisions of law, the Presidential decree or the Rules of Procedure of the Grand National Assembly of Türkiye, or all of them, the Court may decide on the annulment of the other provisions or the entirety of the related provisions of law, Presidential decree or the Rules of Procedure of the Grand National Assembly of Türkiye, provided that the grounds for such action are stated. (1)
18) Pursuant to Article 209 of the Decree-Law no. 703 of 2 July 2018, the phrase “the decree-laws” in the third paragraph of Article 43 was amended to “presidential decrees” and the phrase “the decree-laws” in the fourth paragraph was amended to “presidential decrees”.
Discussion of the agenda items
ARTICLE 44- (1) The deliberations of the Court are confidential and shall be recorded by such technical equipment as the President considers appropriate. The principles governing the maintenance and use of such records shall be laid down in a regulation.
(2) The order and conduct of the deliberations shall be ensured by the President or, in his absence, the Vice-President appointed by him. Justices shall be given the floor in the order in which they request to speak.
PART FOUR
Individual Application
Right to individual application
ARTICLE 45 – (1) Every person may apply to the Constitutional Court alleging that the public power has violated any one of his/her fundamental rights and freedoms safeguarded by the Constitution which falls into the scope of the European Convention on Human Rights and supplementary protocols thereto, to which Türkiye is a party.
(2) All administrative and judicial remedies provided by law regarding the act, action or omission alleged to have led to the violation must have been exhausted before the individual application is lodged.
(3) Legislative and regulatory administrative acts are not directly subject to individual application, nor are decisions of the Constitutional Court and acts excluded from judicial review by the Constitution.
Persons entitled to lodge an individual application
ARTICLE 46- (1) An individual application may only be lodged by persons whose actual and personal rights are directly prejudiced due to an act, action or omission allegedly resulting in a violation.
(2) Legal persons governed by public law may not lodge individual applications. Legal persons governed by private law may lodge an individual application only on the grounds that only the rights of the legal person in question have been violated.
(3) Foreign nationals are not entitled to file individual applications regarding rights that are granted only to Turkish citizens.
Individual application procedure
ARTICLE 47- (1) Individual applications may be lodged directly or through courts or foreign representative offices in accordance with the conditions set forth in this Law and the Rules of Procedure. The procedures and principles for accepting applications by other ways shall be laid down in the Internal Regulation.
(2) Individual applications are subject to a fee.
(3) The petition for individual application shall contain information on the identity and address of the applicant and his/her representative (if any), the right and freedom allegedly violated due to an act, action or of negligence and the provisions of the Constitution relied upon, the grounds for violation, the stages regarding the exhaustion of remedies, the date of the exhaustion of remedies or if no remedy is envisaged, the date on which the violation has been acknowledged and the damage incurred, if any. The application must be accompanied by the evidence relied on, the original or a copy of the proceedings or decisions alleged to have caused the violation, and a document indicating that the fee has been paid.
(4) If the applicant is represented by an attorney, a power of attorney must be provided.
(5) The individual application must be lodged within thirty days from the date of exhaustion of legal remedies, or if no remedy is provided, within thirty days from the date on which the violation is disclosed. Applicants who have a valid excuse for not being able to submit their application by the deadline may submit their application within fifteen days of the date on which the excuse ceases to apply, together with proof of the excuse. The Court shall accept or dismiss such request first by way of examination of the admissibility of the applicant’s excuse.
(6) In the event of irregularities in the application documents, the Directorate of the Registry of the Court shall grant the applicant or his/her representative, if any, a period not exceeding fifteen days within which to remedy the irregularity, and shall inform the applicant, if the irregularity is not remedied within that period without a valid excuse, that a decision shall be rendered to reject the application.
Conditions of admissibility and the examination of individual applications
ARTICLE 48- (1) In order for an admissibility decision to be rendered on an individual application, the conditions stipulated in Articles 45 to 47 must be fulfilled.
(2) The Court may rule inadmissible applications which have no bearing on the application and interpretation of the Constitution or on the determination of the scope and limits of fundamental rights and freedoms and in respect of which the applicant has not suffered any significant damage, as well as the applications which are manifestly ill-founded.
(3) The examination of admissibility shall be performed by the commissions. A decision of inadmissibility is taken in respect of applications for which it is unanimously decided that the conditions for admissibility are not satisfied. Files which cannot be decided unanimously are referred to the sections.
(4) Decision on inadmissibility shall be final and shall be notified to the parties concerned.
(5) The conditions, procedures, principles and other matters relating to the examination of admissibility shall be laid down in the Internal Regulation.
Examination on the Merits
ARTICLE 49- (1) The examination on the merits of individual applications admissibility of which has been decided shall be carried out by the sections. The President shall take the measures necessary to ensure a balanced distribution of this workload among the sections.
(2) In the event of a decision whereby the application is deemed admissible, a copy of the application shall be communicated to the Ministry of Justice for information. Where it considers it necessary, the Ministry of Justice shall inform the Court in writing of its opinion.
(3) When examining individual applications, commissions and sections may carry out all kinds of research and investigation to determine whether or not a fundamental right has been violated. Information, documents and evidence deemed necessary for the application shall be requested from those concerned.
(4) The Court shall consider the case on its merits, but may decide to hold a hearing if it deems it necessary.
(5) In the course of the examination on the merits, the sections may, ex officio or upon the request of the applicant, decide on interim measures which they consider essential for the protection of the fundamental rights of the applicant. In the event of a decision in favour of such a measure, the decision on the merits shall be taken within six months at the latest. Otherwise, the decision on the measure is automatically revoked.
(6) The examinations of the sections on individual applications against a court decision shall be limited to whether or not a fundamental right has been violated and the determination of how such violation may be remedied. The Sections shall not consider matters which are to be determined as a matter of law.
(7) In the examination of individual applications, in circumstances where this Law and the Internal Regulation do not contain any provisions, the provisions of the relevant procedural laws which are suitable to the nature of the individual application are applied.
(8) The conditions, procedures, principles and other matters relating to the examination on the merits shall be laid down in the Internal Regulation.
Decisions
ARTICLE 50- (1) At the end of the examination on the merits, it shall be decided whether or not the right of the applicant has been violated. In cases where a decision on violation is rendered, the steps required to be taken for the redress of the violation and the consequences thereof shall be indicated. However, no review of expediency shall be conducted, and no decision shall be made in the nature of administrative action and procedure.
(2) If the determined violation originates from a court ruling, the file shall be sent to the relevant court for a retrial to be held to eliminate the violation and its consequences. In cases where there is no legal interest in conducting a retrial, the compensation may be adjudged in favour of the applicant or the remedy of filing a case before the ordinary courts may be indicated. The court, responsible for conducting the retrial shall, if possible, issue a decision on the case in such a way to redress the violation and its consequences as determined by the Constitutional Court in its decision on the violation.
(3) The decisions of the sections on the merits shall be notified to parties concerned and to the Ministry of Justice, together with the justifications thereof, and shall be published on the Court’s website. Matters relating to the publication of such decisions in the Official Gazette are identified in the Internal Regulations.
(4) Differences between the case-laws of commissions shall be settled by the sections to which they are attached, and the differences of case-laws between the sections shall be settled by the Plenary. Other related matters shall be governed by the Internal Regulation.
(5) In the event of a waiver of the action, a decision of dismissal shall be taken.
Misuse of the right to individual application
ARTICLE 51- The applicants who have been found to have manifestly misused the right to individual application shall be imposed a disciplinary fine not exceeding two thousand Turkish liras apart from the the trial expenses.
CHAPTER FIVE
Cases of Dissolution of Political Parties and Abolition of Immunity
Cases of dissolution of political parties
ARTICLE 52- (1) The Court, upon the action lodged by the Chief Public Prosecutor at the Court of Cassation, may decide, by a two-thirds majority of the justices present, to dissolve a political party or to deprive it of all or part of its State resources, depending on the gravity of the disputed acts as a result of the circumstances prescribed in Article 69 of the Constitution.
(2) Cases concerning the dissolution of political parties shall be decided by the Plenary on the basis of the case file examined with no right to appeal pursuant to the application of the relevant provisions of Law no. 5271.
(3) The rapporteur-judge appointed by the President shall draw up the preliminary examination report and submit it to the Presidency. If the indictment is admitted following the initial examination, the indictment and the attachments thereof shall be sent to the political party concerned and their defence as to the procedure and merits shall be obtained. In cases where the defendant political party submits a written defence, such defence shall be sent to the Chief Public Prosecutor’s Office at the Court of Cassation. Following this stage, the oral defence of the chairperson’s office of the imputed party or an attorney to be appointed by the chairperson shall be heard. The political parties that have been the subject of an application for dissolution may submit a written defence in response to the accusations.
(4) The Plenary may, where it deems it necessary, summon the persons concerned and those who have been informed of such matters to hear their oral submissions.
(5) The judgment delivered in the action for dissolution of the political party shall be notified to the political party concerned through the Chief Public Prosecutor at the Court of Cassation and shall be published in the Official Gazette.
Issuing a warning to political parties
ARTICLE 53- (1) The Chief Public Prosecutor at the Court of Cassation may apply to the Court requesting to issue a warning order against a political party on the grounds that it has violated the imperative provisions of the Law no. 2820 on Political Parties dated 22 April 1983 with the exception of Article 101 therein and of the imperative provisions as to political parties prescribed by other laws. Following the submission of the defence of the political party within the time frame determined by the Court, if the Court finds a violation, it shall issue a warning order to the political party concerned to redress the impugned violation.
(2) The decision shall be notified to the political party concerned through the Chief Public Prosecutor at the Court of Cassation and shall be published in the Official Gazette.
Request of annulment in cases of lifting of immunity and of loss of membership to the parliament
ARTICLE 54- (1) The member of the parliament, vice-president or the minister or another member of the parliament concerned may apply to the Court Against the decisions of the Grand National Assembly of Türkiye regarding the lifting of parliamentary immunity or loss of membership to the parliament within seven days starting from the date of the ruling, requesting its annulment on the grounds that the disputed decision allegedly violates the Constitution, the law or the Rules of Procedure of the Grand National Assembly of Türkiye. A ruling with no right to appeal on the request shall be made within fifteen days.19
(2) In cases of requests for annulment, the Court shall directly obtain required documents without expecting the submission by the person concerned.
19) Pursuant to Article 209 of Decree Law no. 703 of 2 July 2018, the phrase “a member of parliament or those who are not a member of parliament” in this paragraph was amended to “member of parliament, vice- president or”.
CHAPTER SIX
Financial Audit of Political Parties
Financial audit of political parties
ARTICLE 55- (1) The Court shall be provided with the assistance of the Court of Cassation to audit the acquisition of property by political parties and the legality of the revenues and expenditures thereof.
(2) Political parties shall send to the Presidency of the Constitutional Court approved samples of each of the consolidated final account and the final accounts of the party headquarters and the provincial organization including the subordinate districts until the end of the month of June in line with Law no. 2820. The Court shall send the documents received to the Presidency of the Court of Accounts for its audit and examination.
(3) Reports drawn up upon the examination of the documents by the Court of Accounts shall be sent to the Court for adjudication.
The preliminary examination and examination on merits in financial audit
ARTICLE 56- (1) Examination of the final accounts of political parties shall be carried out pursuant to the provisions of Law no. 2820.
(2) The reports drawn up following the examination shall be sent to the political party concerned which is requested to submit its opinions thereon within two months at the latest.
(3) The Court shall evaluate the opinions of the political parties regarding the examination during the financial audit.
(4) Samples of each of the decisions of the Court regarding the financial audit shall be sent to the political party concerned and to the Chief Public Prosecutor’s Office at the Court of Cassation for inclusion in the party’s registration file.
(5) Decisions ruled as a result of the financial audit shall be published in the Official Gazette.
CHAPTER SEVEN
Trial by the Supreme Criminal Tribunal
Trial 20
ARTICLE 57- (1) The Plenary of the Constitutional Court, in its capacity as the Supreme Criminal Tribunal, shall conduct trials and adjudicate in compliance with the laws in effect.
(2) (Added on 2 July 2018 by Article 209 of Decree Law no. 703) Trials conducted by the Supreme Criminal Tribunal against the President, Vice-President or ministers shall be concluded within three months. In the event that the trial cannot be concluded within this period, it shall be adjudicated as final within the additional period of three-months.
(3) In the event that the court finds that there are substantial grounds for the return of the indictment other than those provided for by Law no. 5271, the Supreme Criminal Tribunal may decide to return the indictment or other documents substituting for the indictment.
(4) In cases where the accused who has been questioned by the Supreme Criminal Tribunal does not attend the subsequent hearings, or in cases where such presence is not deemed necessary by the Supreme Criminal Tribunal, the criminal case may be concluded in absentia, even if there is no request for exemption from the hearings. The defendant may always be readily present at the hearing.
(5) During the hearing, technical equipment for recording shall be used as deemed appropriate by the President. Each page of the minutes of the hearing drawn up on the basis of the recording shall be signed by the President and by those who drew it up.
(6) At the Supreme Criminal Tribunal, the duty of prosecution shall be carried out by the Chief Public Prosecutor at the Court of Cassation and the Deputy Chief Public Prosecutor of the Republic at the Court of Cassation. Those who have been tasked among the Public Prosecutors at the Court of Cassation may also participate in the hearing together with the Chief Public Prosecutor at the Court of Cassation and the Deputy Chief Prosecutor of the Republic at the Court of Cassation.
20) Pursuant to Article 209 of Decree Law no. 703 of 2 July 2018, a paragraph was added to this Article as the second paragraph following the first paragraph of this Article and the other paragraph’s numbers were amended accordingly.
Re-examination
ARTICLE 58- (1) The application for a re-examination of the judgment rendered by the Supreme Criminal Tribunal may be made by the Chief Public Prosecutor at the Court of Cassation, or the Deputy Chief Prosecutor at the Court of Cassation, the defendant, the defence counsel, the intervening party and his/her attorney.
(2) The application for re-examination shall be made within fifteen days starting from the pronouncement of the judgment by submitting a petition to the Supreme Criminal Tribunal. If the verdict has been pronounced in the absence of those who are entitled to apply for re-examination, the statutory time-limit shall commence from the date of notification.
(3) The Supreme Criminal Tribunal shall conduct the re-examination on the case file. The Supreme Criminal Tribunal may decide to conduct a re-examination by holding a hearing ex officio or upon the request of the Chief Public Prosecutor at the Court of Cassation or the Deputy Chief Public Prosecutor at the Court of Cassation, of the defendant or the intervening party.
(4) In the event of a decision to conduct a re-examination be made by holding a hearing, the date of the hearing shall be notified to the Chief Public Prosecutor at the Court of Cassation or the Deputy Chief Prosecutor of the Republic at the Court of Cassation, to the accused, the participant, defendant and the attorney. As may the accused be present in the trial, so may s/he have himself/herself represented by a defence counsel.
(5) At the hearing the Chief Public Prosecutor at the Court of Cassation or the Deputy Chief Prosecutor at the Court of Cassation, the defendant if s/he is present, the defence counsel, the participant and the attorney shall submit their claims and defences; the party who has applied for a re-examination shall be heard first. In any event, the final say shall belong to the defendant.
(6) The re-examination shall be carried out within the limits of the matters referred to in the application file. If the application is found to be admissible, an assessment shall be carried out on the subject of the application. Judgment s rendered upon the application for re-examination shall be final.
CHAPTER EIGHT
Other Issues in Relation to Trial
Circumstances preventing from participating in proceedings
ARTICLE 59- (1) The President and the justices shall not hear;
a) Proceedings which they are party of or concerning them,
b) Proceedings concerning their spouses even if the bond of marriage between them ceased to exist; his/ her antecedents and descendants from blood and kinship; relatives by blood up to the fourth degree (including this degree) and up to the third degree (including this degree) by marriage even if the bond of marriage that gives rise to such kinship no longer exists; or of persons between whom there is filial bond,
c) Proceedings whereby the persons in the proceedings act as the attorney, guardian or trustee of him/her,
ç) Proceedings that s/he has heard as the judge, prosecutor, arbitrator or where s/he has made a statement as witness or expert,
d) Proceedings where s/he has provided his/her advisory opinion or opinion.
Recusal of the President and the justices
ARTICLE 60- (1) The president and the justices may be disqualified upon the alleged presence of circumstances justifying the presumption that they cannot act in impartiality.
(2) In this case at the Plenary or at the sections, a final decision shall be made on the recusal request without the participation of the justice concerned.
(3) Recusal shall be related to the individual. Requests regarding the recusal of such a number of justices that shall prevent the convening of the Plenary or the sections shall not be heard.
(4) In the petition for recusal, the reasons must be expressly stated and the evidence be included therein. Petitions lacking such conditions shall be rejected. Oath shall not amount to evidence.
(5) If the request for recusal is understood to be submitted in bad faith and not accepted on its merits, a disciplinary fine of five hundred Turkish Lira to five thousand Turkish Lira shall be ruled on for each of the requesters.
(6) Under this Code, disciplinary fine refers to a fine against the applicants who were found to be abusing the right to individual application or the request of recusal, which is of final nature at the very moment when it is imposed and must be immediately enforced. This fine cannot be transformed into alternative sanctions and shall not be included in criminal records.
(7) The disciplinary fine shall be collected pursuant to the provisions of the Law no. 6183 on the Collection Procedure of Public Receivables of 21 July 1953.
Withdrawal
ARTICLE 61- In cases where the President and the justices withdraw from proceedings relying on reasons prescribed in Articles 59 and 60, the Plenary shall render its final decision with the participation of the President or the justices who has requested withdrawal. However, the justice who has requested withdrawal cannot participate in the vote.
The liability to provide information and documents and information qualifying as State secrets
ARTICLE 62- (1) The Court, during the performance of its tasks, shall be authorized to correspond directly with legislative, executive and judicial organs, public administrations, public officials, banks and other real and legal persons; to request information and documents; to examine all sorts of documents, records and acts that it deems necessary; to summon all degrees and categories of public officials and persons concerned and to request representatives from the administration and other legal persons. Concerning those who fail to carry out such requests of the Court in the specified time frame, a direct investigation as per general provisions shall be carried out.
(2) Information pertaining to the proceedings that the Court is entitled to conduct a hearing cannot be held confidential against the Court on grounds that such information qualifies as State secrets.
(3) In the event that such information to be provided by a witness qualifies as State secret, the witness shall be heard by the Court without the presence of even the stenographer and the court clerk. The President shall only record the matters capable of being decisive on the merits of the present case in the court record. Information, the disclosure of which might harm the foreign affairs of the State, its national defence and national security and which might create peril in the constitutional order and foreign affairs shall qualify as State secret.
(4) Such provisions shall also apply to those, statements of whom are relied on, and also to experts.
Utilisation of tools, equipment and personnel
ARTICLE 63- The President may request the use of tools, equipment, stenographers and technical staff belonging to State institutions and organisations in the Court, in cases of dissolution of political parties and statements where the hearing is required. Such requests shall be promptly complied with by the competent authorities.
Fee exemption
ARTICLE 64- Applications other than individual applications to be filed with the Court, the decisions to be taken and the procedures to be followed in relation thereto shall not be subject to any fee.
CHAPTER NINE
Judgments
The procedure of the voting and quorum for decision
ARTICLE 65- (1) The Plenary and sections shall render their judgments with the absolute majority of the bench. In case of equality of votes, the judgment shall be considered as ruled in line with the vote of the President.
(2) The two-thirds majority of the justices participating in the meeting shall be sought to rule decisions for the annulment of amendments to the Constitution, for dissolution of political parties or for depriving them of the State.
(3) Voting shall start with the least senior justice.
Judgments of the Court
ARTICLE 66- (1) Judgments of the Court shall be final. The judgment s of the Court shall be binding for the legislative, executive and judicial organs of the State, administrative offices, real and legal persons.
(2) Decisions for annulment shall not be executed retrospectively.
(3) The law, Presidential Decree law or the Rules of Procedure of the Grand National Assembly of Türkiye or certain articles or provisions thereof which were annulled by the Court decision, shall cease to have effect on the date of its publication in the Official Gazette. In cases the Court deems necessary, the date on which the decision for annulment shall become effective may be decided as a separate date provided that the relevant date should not be after one year starting from the day of publication of the decision in the Official Gazette.21, 22
(4) In ruling a judgment for the annulment of entirety or a provision of a law, a Presidential decree law or the Rules of Procedure of the Grand National Assembly of Türkiye, the Court shall not deliver judgment by substituting itself with the lawmaker in a way that it foster a new practice.
(5) Judgments of the Court shall be written together with the reasoned part thereof. Decisions for annulment shall not be made public without including a reasoned decision.
(6) Principles pertaining to the preparation and deliberation of draft decisions shall be prescribed in the Internal Regulation.
(7) Judgments shall be signed by the president and the justices who participated in the relevant examination or the trial. Those who oppose shall deliver their reasons for opposition to the judgment within the period specified in the Internal Regulation. Judgments shall be notified to those concerned in this form.
(8) Reasoned decisions ruled a result for the applications for the annulment or requests for objection shall be published in the Official Gazette immediately.
Retrial
ARTICLE 67- (1) Retrial against the decisions of the Court for dissolution of political parties and the decisions that the Court has taken in its capacity as the Supreme Criminal Tribunal shall be requested pursuant to the provisions of Law no. 5271.
(2) In cases where the European Court of Human Rights rules that the decisions of the Court for dissolution of political parties and the decisions that the Court has taken in its capacity as the Supreme Criminal Tribunal violates the European Human Rights Convention and its Protocols, retrial request may be made to the Constitutional Court within one year starting from the finalization of the judgement of the European Court of Human Rights.
(3) If the Court deems that such retrial request is substantial and worthy of accepting, it shall decide on a retrial. Such request shall be concluded as per general provisions.
21) Pursuant to Article 209 of Decree Law no. 703 of 2 July 2018, “Decree law” provision in the third and fourth subparagraphs of Article 66 was amended to “Presidential Decree law.”
22) Pursuant to the Constitutional Court’s judgment no. E.2020/30, K:2023/12 of 25 January 2023; this paragraph was annulled on the date of entry into force of the judgment which shall be nine months after its publication on the Official Gazette. On the date when the impugned judgment become effective, it shall be processed to the Information System of Regulations and to see the aforementioned judgment please check the Official Gazette no. 32234 of 27 June 2023.
PART FIVE
Financial Provisions, Staff and Personal Benefits
CHAPTER ONE
Financial, Social and Other Rights
Financial rights
ARTICLE 68- The monthly salaries and allowances, other financial, social rights and benefits of the President of the Constitutional Court, vice presidents, justices, rapporteur-judges of the Constitutional Court, assistant rapporteur-judges and assistant rapporteur-judge candidates shall be subject to the provisions of this Code.
Monthly salary chart
ARTICLE 69- (1) Up to;
a) 100% to the President of the Constitutional Court,
b) 90% to the vice-presidents of the Constitutional Court,
c) 86% to the justices of the Constitutional Court,
ç) 79% to rapporteur-judges of first-category,
d) 65% to rapporteur-judges entitled to be a first-category,
e) 55% to other rapporteur-judges of first-degree,
f) 53% to rapporteur-judges of second-degree
g) 51% to rapporteur-judges of third-degree,
ğ) 49% to rapporteur-judges of fourth-degree,
h) 47% to rapporteur-judges of fifth-degree,
ı) 45% to rapporteur-judges of sixth-degree,
i) 43% to rapporteur-judges of seventh-degree,
j) 41% to rapporteur-judges of eight-degree,
k) 65% to assistant rapporteur-judges of first-degree,
l) 56% to assistant rapporteur-judges of second-degree,
m) 54% to assistant rapporteur-judges of third-degree,
n) 52% to assistant rapporteur-judges of fourth-degree,
o) 50% to assistant rapporteur-judges of fifth-degree,
ö) 47% to assistant rapporteur-judges of sixth-degree,
p) 46% to assistant rapporteur-judges of seventh-degree,
r) 44% to assistant rapporteur-judges of eight-degree,
s) 37% to assistant rapporteur-judge candidates, of each item of disbursement that constitutes a benchmark salary shall be paid. In the calculation of the bonus, which is one of the items of disbursement under this Article, one twelfths of the total amount of the bonus in a financial year within the benchmark monthly salary shall be taken into consideration.
(2) Rapporteur-judges of the Constitutional Court and assistant rapporteur-judges who have been promoted to a higher grade are entitled to the monthly salary corresponding to their new degree from the fifteenth day of the month following the effective date of their promotion.
(3) To the ratios of monthly salaries received by rapporteur-judges of first-category, two points shall be added every three years provided that the ratio that shall serve as the basis of the payment does not exceed 83% and that they shall not compromise their qualities required for selection as first-category.
(4) The benchmark salary items that are not subject to tax shall also not be subject to tax in payments to be made under this Article.
(5) A judicial allowance up to 10% of their gross monthly salaries shall be given to the President of the Constitutional Court, vice presidents, justices and to rapporteur-judges among those the titles specified in first paragraph.
(6) Monthly payments and allowances paid to the rapporteur-judges and rapporteur-judges who had experience in higher education institutions or in the Court of Accounts shall be calculated on the basis of the monthly salaries and allowances paid to judges and prosecutors of the same degree, grade and seniority.
(7) To those to whom payments are made pursuant to this Article, the payments made within the scope of Decree Law no. 375 of 27 June 1989 (with the exception of the foreign language allowance) and compensation for representation, office and office of high-justice shall not be paid, nor shall the payments referred to in Article 152 of Law no. 657 be made.
(8) Additional indicators of the President and the justices of the Constitutional Court are respectively (9.000) and (8.000) and their indicator of the office as high-justice is (17.000).
(9) The President, vice-presidents and the justices shall receive a monthly additional allowance amounting up to the outcome of multiplication of the indicative figure (40.000) with the coefficient applied to the salaries of civil servants. Rapporteur-judges shall receive a monthly additional allowance amounting up to the outcome of multiplication of the indicative figure (10.000) with the coefficient applied to the salaries of civil servants. The provision of Law no. 2802 regarding the entitlement to such allowance and the payment thereof shall be applied and such allowance, with the exception of the stamp tax, shall not be subject to any tax or any deduction.
(10) Relevant provisions of Law no. 2802 and Law no. 657 shall be applied in cases where this Code does not include any provision as to the time of payment of the salaries of those who are paid as per this Article, under which circumstances these shall be reclaimed; the entitlement to social rights and assistances and monthly payment and allowances to be paid based on promotion from assistant rapporteur-judge and recruitment without central appointment system.
(11) An additional payment calculated by multiplying the indicative figure (5.000) with the monthly coefficient applied to the salaries of civil servants shall be paid to staff subject to Law no. 657 every month. The amount of additional payment, with the exception of stamp tax, shall not be subject to any tax or deductions. The additional payment shall not be taken into consideration during the calculation of other payments.
Annual leave
ARTICLE 70- (1) (Amended on 27 June 2013 by Article 31 of Law no. 6494) The President and the justices shall be entitled to an annual leave of forty days provided that proceedings that are conducted by the Court, in its capacity as the Supreme Criminal Tribunal, or that have deadlines pursuant to the Constitution are not hampered.23
(2) Sickness and compassionate leaves shall be subject to general provisions. Annual and compassionate leaves shall be allowed by the President.
23) Pursuant to Article 34 of Decree Law no. 650 of 8 August 2011, “thirty-five” provision in this article was amended to “forty.” Subsequently, pursuant to the Constitutional Court’s judgment no. E.2011/113, K:2012/108 of 18 July 2012; this “forty” provision was annulled on the date of entry into force of the judgment which shall be six months after its publication on the Official Gazette, on 1 January 2013. Amendment implemented by Article 31 of Law no. 6494 of 27 June 2013 was directly incorporated to the text.
Health affairs and treatment
ARTICLE 71- Health expenditures of the President and the justices and the retired thereof and those whom they are liable to look after shall be paid from the budget of the Court within the framework of provisions and principles to which the members of the Grand National Assembly of Türkiye are subject.
Anniversary of establishment and awarding of certificates of honour
ARTICLE 72- (1) The 25th day of April each year is the anniversary of the establishment of the Court. The anniversary is celebrated with ceremonies; seminars, conferences and similar events may be organised.
(2) Certificates of honour and gifts symbolising the memory of their previous services shall be presented to each of the retired Presidents, vice-presidents and justices.
(3) Each year, adequate amount of allowance shall be appropriated from the budget of the Court to meet the costs of the ceremony to be organized within this context, and of the gifts. Expenditures that shall be made for this purpose shall not be subject to the Public Procurement Law no: 4734 of 4 January 2002.
Secondment in foreign countries
ARTICLE 73- (1) Rapporteur-judges and assistant rapporteur-judges may be assigned abroad by the Presidency for up to two years so as to improve their knowledge and etiquette and for the purposes of postgraduate studies, scientific research or work at the courts of foreign countries, universities or international organisations, or for training purposes within the framework mutual cooperation. Such durations, if deemed necessary by the Presidency, may be doubled.
(2) Within this scope, their financial rights, liabilities, compulsory services, the expenditures and the transfer of their monthly salaries and allowances shall be regulated by the provisions applicable to public officials.
(3) The upgrading and promotion, retirement, monthly salary, allowances and all other rights and liabilities of staff members posted abroad shall continue.
Internship in the Court 24
ARTICLE 73/A– (Added on 8 June 2021 by Article 26 of Law no. 7331) Assistant judge and prosecutors and trainee lawyers may perform internship in the Court. The procedures and principles regarding the implementation of this Article shall be regulated by directive.
24) Pursuant to Article 21 of Law no. 7413 of 23 June 2022, “candidates of judge” provision was amended to “assistant judge and prosecutors.”
Staff positions
ARTICLE 74- Determination, formation, use and cancellation of the staff positions within the Court and other matters concerning staff positions shall be regulated pursuant to the provisions of the Decree Law no. 190 of 13 December 1983.
Transitional provisions
PROVISIONAL ARTICLE 1- (1) The duties of the persons occupying the posts of Deputy Secretary General, Director of the Registry, Director of Press and Public Relations, Director of Judgments, Executive Assistant, Director of Archives, Director of Financial Affairs, Director of ICT, Director of Logistics, Director of Personnel and Training, Director of Publications, Director of Libraries, Director of Administrative Affairs, Manager, Property Accountant and Civil Protection Expert at the Constitutional Court shall cease on the date of publication of this Code. The persons concerned shall be appointed within the Court or within the organisation of the Ministry of Justice, to staff positions suitable for their degrees and grades within six months at the latest. Until their appointment to a new position is completed, they may be assigned by the Presidency to tasks suitable for their statuses. Until they are appointed to a new staff position, they shall continue to receive their monthly salaries, additional indicators and all sorts of raises and compensations and other financial rights of their previous staff position. In the event that the monthly salaries, additional indicators, all sorts of raises and compensations and the total of other rights of the new staff positions remain less than the monthly salaries, additional indicators, all sorts of raises and compensations and the total of other rights of their previous staff positions; the difference shall be paid without incurring any cuts as long as they remain in staff positions that they have been appointed to.
(2) Among those who, on the date of publication of this Code, are occupying such staff positions within the Presidency whose staff position and work title has not changed except for those enlisted in the first paragraph shall be considered as appointed to the staff positions of the same work title under the Presidency.
(3) Until re-arrangements and appointments are completed pursuant to this Code exercise of the tasks to be assigned to the transformed or newly established units of the Court shall be carried out by other units that have been undertaking such tasks before the amendments. The Presidency shall organize its organization and staff positions in compliance with this Code in six months at the latest. Within this framework, changes in staff positions shall be carried out as per the provisions of the said Decree Law without applying the provision of the last paragraph of Article 9 of the Law no. 190.
(4) The President and the vice-president who are in office on the date of entry in force of this Code shall complete their terms of service applicable on the date of their election.
(5) The Internal Regulation and the regulations foreseen in this Code shall be drafted by the Presidency and enter into force in six months at the latest. Until the new Internal Regulation and the regulation enter into force, the provisions of the existing Internal Regulation and the regulation shall continue to be implemented except for those falling contrary to the new Internal Regulation and regulation.
(6) The references in the legislation to Code on Establishment and Rules of Procedure of the Constitutional Court no. 2949 of 10 November 1983 shall be considered as references made to this Code except for their provisions that are contrary to this Code.
(7) Regarding treatment expenses that have been made before the date of entry into force of this Code, the provisions of Article 14 of Law no. 2949 that has been revoked with this Code shall be taken as basis.
(8) The Court shall examine the individual applications to be lodged against the acts and decisions with no right of appeal that were finalized after 23 September 2012.
PROVISIONAL ARTICLE 2 – (Added on 2 July 2018 by Article 209 of the Decree Law no. 703)
(1) Members of the Council of Ministers, who had held office prior to the date when the President took office following the first concurrently-conducted Presidential and parliamentary elections, shall be tried by the Constitutional Court, in its capacity as the Supreme Criminal Tribunal, for their offences related to their duties.
(2) Presidents, justices and chief public prosecutors of the abolished Military Court of Cassation and the High Military Administrative Court, as well as the Gendarmerie General Commander, shall be tried by the Constitutional Court, in its capacity as the Supreme Criminal Tribunal, for their offences related to their duties committed prior to 27 April 2017.
(3) Those who have been elected, from the abolished Military Court of Cassation or the High Military Administrative Court, as the justice of the Constitutional Court shall continue to hold office as a justice until the expiry of their term of office due to any reason. All retirement-related rights of these justices deriving from being a military official shall be reserved.
(4) The Constitutional Court shall continue to exercise its duties and powers with respect to decree laws.
Amended and abolished provisions
ARTICLE 75- (1) Code on Establishment and Rules of Procedure of the Constitutional Court no. 2949 of 10 November 1983 has been abolished.
(2) (This Article was related to Law no. 5682 on Passport of 15 July 1950 and incorporated thereto.)
(3) (This Article was related to Law no. 2802 on Judges and Prosecutors of 24 February 1983 and incorporated thereto.)
(4) (This Article was related to Law no. 270 on Compensation of High Judges of 23 January 1987 and incorporated thereto.)
(5) (This Article was related to Civil Servants’ Act no. 657 of 14 July 1965 and incorporated thereto.)
(6) The staff positions listed in the annexed chart (I) under the Presidency of the Constitutional Court section of the Decree Law on the General Staff Positions and Procedure no. 190 of 13 December 1983 have been annulled and removed from the chart concerned. The staff positions listed in the list no. (I) annexed to this Code have been formed and added to the chart no. (II) under the Presidency of the Constitutional Court section of the Decree Law no. 190.The staff positions listed in the list no. (2) annexed to this Code have been formed and added to chart no. (I) under the Presidency of the Constitutional Court section of the Decree Law no. 190. The staff positions listed the list no. (5) herein have been abolished and have been also removed from the chart no. (II) under the Presidency of the Constitutional Court section of the Decree Law no. 190. The staff positions in the annexed list no. (3) herein have been formed and added to the annexed chart (II) under the Ministry of Justice section of the Decree Law no. 190. The staff positions in the list no. (4) herein have been formed and added to the chart (II) under the Court of Accounts section of the Decree Law no. 190.
(7) (This Article was related to Civil Servants’ Act no. 657 of 14 July 1965 and incorporated thereto.)
(8) (This Article was related to Act of Fees no. 492 of 2 July 1964 and incorporated thereto.)
Entry into Force
ARTICLE 76 - (1) The dates when the following provisions shall enter into force are as follows:
a) Articles 45 to 51: 23 September 2012,
b) Remaning provisions: On the date of their publication.
Enforcement
ARTICLE 77-(1) The Council of Ministers shall enforce the provisions of this Code.
TABLE INDICATING THE EFFECTIVE DATES OF THE LEGISLATION INTRODUCING AMENDMENTS AND ANNEXES TO LAW NO. 6216 OR OF THE JUDGMENTS OF THE CONSTITUTIONAL COURT
|
Numbers of Amended Law/Decree Law or Annulled Judgments of Constitutional Court |
Amended or Annulled Articles of Law no. 6216 |
Date of Entry into Force |
|
Decree Law/650 |
70 |
1 January 2012 |
|
Constitutional Court’s judgment no. E.: 2011/59, K.: 2012/34 dated 1 March 2012 |
36 |
2 April 2013 |
|
Constitutional Court’s judgment no. E.: 2011/113, K.: 2012/108 dated 18 July 2012 |
Provision “forty” in the first paragraph of Article 70 |
Six months after 1 January 2013 |
|
6494 |
the first paragraph of Article 70 |
7 July 2013 |
|
6524 |
7 |
27 February 2014 |
|
Decree Law/680 |
17 |
6 January 2017 |
|
7072 |
17 |
8 March 2018 |
|
Decree Law/703 |
3, second paragraph of Article 6, 7, 9, 11, 35, 37, 38, 39, 40, 43, 54, 57, 66, PROVISIONAL ARTICLE 2 |
On the date when the President takes an oath following the elections of Grand National Assembly of Türkiye and the President held on 24 June 2018 (9 July 2018) |
|
2, first paragraph of Article 6, 21,22 |
On the date when the terms of office of two justices elected from Military Court of Cassation and the High Military Administrative Court are completed |
|
|
7331 |
73/A |
14 July 2021 |
|
7413 |
73/A |
1 January 2023 |
|
7420 |
11 |
On the date of publication to be implemented as of 1 October 2022 (9 November 2022) |