The Constitutional Court (AYM) unanimously annulled AKP President Erdoğan’s power to appoint the head of the Central Bank by decree.
The Court ruled that these regulations, which were made without authorization from the Turkish Grand National Assembly, were unconstitutional. The Constitutional Court’s decision was published in the Official Gazette dated June 4, 2024.
First, on July 6, 2019, President Erdoğan dismissed CBRT Governor Murat Çetinkaya and appointed Murat Uysal in his place. This process continued in a similar manner until today.
This decision is of great importance for Turkey’s economic management and the independence of the CBRT. The details and justifications of the Constitutional Court’s annulment decision may spark legal debates and lead to changes in economic policies.
The Constitutional Court ruled on the CHP’s lawsuit for the annulment and stay of execution of some articles of the Decree Law No. 703 after 6 years.
The Constitutional Court annulled President Erdoğan’s authority to replace the head of the Central Bank of the Republic of Turkey (CBRT) before the end of his term of office, ruling that such changes made without authorization from the Turkish Grand National Assembly were unconstitutional.
The decision ruled that subparagraphs (h) and (j) of Article 151 of the Decree Law No. 703 are unconstitutional.
In the Constitutional Court’s decision, the following was stated about the revoked authorization under the heading of unconstitutionality
“While the first paragraph of Article 25 of the Law No. 1211 stipulates that the Governor of the Central Bank (Governor) shall be appointed by the Council of Ministers for a term of five years and may be reappointed at the end of this term, the aforementioned paragraph has been abrogated by the rule subject to the lawsuit.
The rule abrogating the provision regulating the term of office of the Governor of the Central Bank falls within the prohibited area that cannot be regulated by a decree-law pursuant to the abrogated Article 91 of the Constitution, as it includes a regulation on the right to enter the public service, which is included in the Fourth Section of the Second Part of the Constitution.”
The unanimous decision will take effect in 12 months.