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The United States Supreme Court Justice Ruth Bader Gunsberg, as the Supreme Court’s Secret Assignment Judge, began the debate on the secrecy of the death Turkey is experiencing. Many decisions of the Constitutional Court (AYM) regarding both the repeal of the law and the rights and freedoms of the people are harshly criticized by the AKP.
Criticisms of the government sometimes became so harsh that President Recep Tayyip Erdoğan reacted by saying “I do not respect, I do not comply” with the decision to “release” journalists Can Dündar and Erdem Gül adopted by the Constitutional Court in 2016.
While Erdogan has been silent on the decisions of the Constitutional Court, this time, harsh criticism of the Supreme Court began to come from Interior Minister Süleyman Soylu.
ARSLAN OBJECTIVE OF SOYLU
Lastly, Soylu put AYM and AYM president Zühtü Arslan on the objectives board after AYM canceled the provision that “demonstrations and marches cannot take place on interurban roads” in the law on September 11. Controversial, Soylu’s speech against Arslan, “You don’t need to go to work with police protection. It started with the words “Go with your bike.”
Interior Minister Süyelman Soylu / Photo: Depo Photos
In mounting tension when AYM member Engin Yıldırım shared photos of bicycles on his social media account, AYM President Arslan said: “We see in some critics that our decisions are criticized without being read, sometimes without being understood. enough, “he said. Soylu continued the controversy and announced that 41 percent of the deputy commissioners who were recruited to the Academy were expelled due to the connection with FETÖ while the President of the Constitutional Court was serving as Chief of the Police Academy.
IS THE STRESS CAUSED BY THE STRUCTURE OF AYM?
At the center of the Supreme Court debate in the United States is “by which president” the nine-person members of the Supreme Court are appointed. The US system leaves the authority to nominate Supreme Court candidates to the President. Whether the president is a Republican or a Democrat at the time of his vacancy on the Supreme Court affects the “conservative-progressive” balance on the Court.
A similar situation is happening in Turkey. As a result of constitutional amendments made during the AKP term, 16 members continue to serve on the Constitutional Court. (With the constitutional amendment on the abolition of the military courts, the number of AYM members was also reduced to 15. However, since Serdar Özgüldür, who came from the military judiciary and was appointed to the Constitutional Court by the 10th president, will continue until the end of his term, there are still 16 members of the Constitutional Court. Özgüldür’s term will end this year).
In the current structure, 12 of the AYM members are selected by the President and 3 by the Grand National Assembly of Turkey from among the candidates nominated by the Presidents of the Court of Accounts and Bar Associations. The AKP parliamentary majority and its partner MHP are also effective in the AYM member elections held by the Grand National Assembly of Turkey.
Since AYM members have been elected for a 12-year term, the number of judges who became members of the Constitutional Court during Erdogan’s presidency has not yet been able to reach a majority in the Constitutional Court.
President of the Constitutional Court Zühtü Arslan / Photo: Depo Photos
WHAT JUDGE IN THE AYM, WHICH TERM OF PRESIDENT?
* 10. Those appointed during the term of President Ahmet Necdet Sezer – Serdar Özgüldür,
* 11th. Those appointed during the term of President Abdullah Gül: AYM President Zühtü Arslan, AYM Vice President Hasan Tahsin Gökcan, AYM Vice President Recep Kömürcü, Burhan Üstün, Engin Yıldırım, Muammer Topal, Emin Kuz,
* Those appointed by current President Recep Tayyip Erdoğan – Kadir Özkaya, Yusuf Şevki Hakyemez, Yıldız Seferinoğlu, Recai Akyel, Selahattin Mente, Basri Bağcı
* Those elected by the Grand National Assembly of Turkey: Rıdvan Güleç (under the presidency of Erdoğan), Celal Mümtaz Akıncı (during the presidency of Abdullah Gül), Hicabi Dursun (under the presidency of Gül)
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