The 62nd anniversary ceremony of the Constitutional Court (AYM) took place with the participation of the President and AKP Chairman Recep Tayyip Erdoğan.
Constitutional Court President Kadir Özkaya said, “In order to ensure cooperation, order and harmony between the constitutional bodies, the Constitutional Court and other judicial bodies, the legislature and the executive, these bodies must be composed of people, and where there are people, it is always possible that different approaches, different ideas may arise and conflicts may arise.” “In addition to acting in accordance with the Constitution and laws, there is always a need for good communication between them,” he said.
REGULATION SIGNAL TO INDIVIDUAL APPLICATION
Kadir Özkaya touched upon the discussions between the Supreme Court and the Constitutional Court regarding the Can Atalay decision without naming any names. Pointing out that there are discussions and problems that arise in some countries that accept individual applications, Özkaya said, “Therefore, some regulations can be considered for some situations that are seen as problems in our country.”
In addition to President Erdoğan, the Speaker of the Turkish Grand National Assembly Numan Kurtulmuş, the Minister of Justice Yılmaz Tunç, the Minister of Internal Affairs Ali Yerlikaya, the Minister of Health Fahrettin attended the 62nd anniversary of the Constitutional Court and the swearing-in ceremony of the new member Ömer Çınar, held in the Supreme Court Hall of the Constitutional Court. Koca, President of the Supreme Court of Appeals Mehmet Akarca, President of the Council of State Zeki Yiğit, members of parliament, members of the higher judiciary and many guests attended.
Özkaya, who was elected President of the Constitutional Court on March 21, said in his opening speech that the aim of all judicial efforts is to establish justice.
Özkaya continued as follows:
– The judge’s scales must always weigh correctly, without any discrimination or discrimination. Judges should always be on the side of justice and justice. It should not be forgotten that the existence of an independent and impartial judiciary, which is the most important guarantee of the principles and values that form our constitutional identity, is only possible with the existence of independent and impartial judges.
EMPHASIS ON COOPERATION
Özkaya pointed out that the Constitution gives the Constitutional Court the duty and authority to, among others, supervise the conformity of some norms with the Constitution and decide on individual applications. Özkaya stated that the principle of separation of powers should require the powers to work in cooperation without exceeding their constitutional boundaries and said:
– In the preamble of the Constitution, it is stated that the separation of powers is a civilized division of labor and cooperation. Therefore, it is seen that the constitution-maker desires the constitutional bodies to work regularly and harmoniously, in cooperation with each other, while fulfilling the duties assigned to them.
– According to the Constitution, there is no hierarchical relationship between the legislative, executive and judicial bodies, and there is no such relationship between the higher judicial bodies. Each high court is obliged to perform the duties assigned to them in the Constitution and laws. The duties and powers of each of them, their modus operandi, and the nature of their decisions are clearly regulated in the Constitution and laws. It is natural that each of them will fulfill their duties within the framework of the authority given to them in the Constitution and laws, in accordance with the Constitution and laws.
– However, in order to ensure cooperation, order and harmony between the constitutional bodies, the Constitutional Court and other judicial bodies, the legislature and the executive, since these bodies are composed of people, it is always possible that different approaches, different ideas may arise and conflicts may arise where there are people. In addition to acting in accordance with the Constitution and laws, there is always a need for good communication between them. I would also like to share my belief that the solutions to be developed with this approach will increase our nation’s confidence in its state in general and in individual constitutional bodies.
After Özkaya’s speech, new member Ömer Çınar took the oath. President Erdoğan dressed Çınar in his robe.
