Constitutional law expert warns of rule of law threat in Turkey
Constitutional law expert Prof. Sule Ozsoy Boyunsuz said that the non-implementation of Constitutional Court decisions poses the greatest threat to the rule of law, after the top appeals court in Turkey refused to comply with the Constitutional Court's decision to release Can Atalay, a detainee in the Gezi Park case who was elected as a TIP (Worker's Party of Turkey) MP.
Clarifying the hierarchy between the top courts, Prof. Dr. Boyunsuz emphasized that there is no hierarchy among the supreme courts, but rather a distinction in powers and duties. She stated, "The Court of Cassation is a court of appeal and is never superior to the Constitutional Court."
The Court of Cassation also took an unprecedented step of filing a criminal complaint against members of the Constitutional Court
Professor Boyunsuz reacted to the remarks made by Presidential Advisor Ayhan Ogan, who stated, "The Court of Cassation is the highest authority in the judicial hierarchy. The Constitutional Court does not have the power to engage in judicial activities. Essentially, the Constitutional Court has no judicial authority beyond the formal power to review the constitutionality of laws."
Taking to social media, Prof. Dr. Boyunsuz shared, "The Constitutional Court provides the final interpretation of the Constitution." She mentioned that misinformation arises not from ignorance but from ill intentions.
"Whoever is granted the authority to interpret the Constitution should be listened to. Who has been granted this authority? The Constitutional Court. It was established for this purpose, and its duty is to interpret the Constitution. Furthermore, Article 153 of the Constitution states, 'Decisions of the Constitutional Court are binding on everyone.' Therefore, saying 'I am not implementing this' is a severe blow to the rule of law. It undermines the fundamental order of the state," she said, in an other interview with Gazete Duvar.