Constitutional Court Announces Ruling on State of Emergency Decrees – Latest News from Turkey
The Constitutional Court (AYM) has recently made a significant decision regarding individuals who were dismissed from their duties by a Decree Law and later reinstated by another decree. The decision, published in the Official Gazette, addresses a controversial aspect of the Law No. 7098 on the Amendment and Adoption of the Decree Law on Taking Certain Measures within the Scope of the State of Emergency.
In this decision, the 5th Chamber of the Council of State raised concerns about a specific provision in the law, claiming that it is unconstitutional. The provision in question stated that individuals who were dismissed from public duty by a State of Emergency Decree and later reinstated by another Decree Law would not be eligible to claim compensation.
The Council of State argued that this provision goes against the principles of the Constitution, as it essentially prevents individuals from seeking redress for any material or moral damages they may have suffered as a result of being unlawfully dismissed from public office. The Court unanimously agreed with this argument and decided to annul the provision.
This decision is particularly notable because it builds on a previous ruling from 2022, which also addressed similar issues related to reinstatement of individuals to public office. The Court’s decision underscores the importance of upholding the fundamental rights of individuals affected by State of Emergency measures and ensuring that they have access to legal remedies for any injustices they may have faced.
Overall, the Constitutional Court’s decision serves as a reminder of the need to protect individuals’ rights and ensure that they are not unjustly deprived of their rights in the name of emergency measures. It is a step towards promoting justice and accountability in the public sector.
