Constitutional Court ruling

The Constitutional Court has ruled that decrees with the force of law that are not enacted by Parliament within 90 days must be interpreted as having expired.

The Constitutional Court has concluded a request seeking interpretation on whether a decree with the force of law issued under Article 112 of the Constitution ceases to be valid 90 days after its publication in the Official Gazette.

According to information provided to the Turkish News Agency Cyprus (TAK), the Constitutional Court—composed of Gülden Çiftçioğlu, Tanju Öncül, Beril Çağdal and Peri Hakkı, under the presidency of Bertan Özerdağ—announced its interpretation on the matter.

The Court ruled that if a decree with the force of law enacted under Article 112, paragraph 3 of the Constitution is not discussed and decided upon by the General Assembly of the Republic’s Assembly within 90 days of its publication in the Official Gazette, it must be considered to have lapsed.

The Constitutional Court also stated that this interpretation regarding the duration of validity should be followed for decrees with the force of law that have been put into effect.

Meanwhile, lawyer Süleyman Dolmacı, one of the plaintiffs who initiated legal proceedings regarding a decree issued in 2020, also made a statement to TAK.

Dolmacı said that the exemption granted to retirees who continued working was removed by a decree issued during the pandemic, but the decree was never submitted to Parliament and enacted into law.

He noted that six years have passed since the decree was issued.

Dolmacı added that the Constitutional Court’s interpretation emphasizes that the Republic’s Assembly should not be bypassed.