Turkey's Constitutional Court Declares Erdogan's Presidential Decrees Unconstitutional

In a landmark defaultCenter decision, Turkey's Constitutional Court has ruled that several presidential decrees issued by President Recep Tayyip Erdogan are unconstitutional. The decrees, which were enacted during a state of emergency following a failed coup in 2016, included significant changes to the appointment process for university rectors and the authority to replace central bank governors.

The court's ruling specifically targets the 2016 decree that allowed Erdogan to appoint university rectors from a list of three candidates proposed by the Higher Education Council, effectively abolishing the election process. This decision sparked widespread protests, particularly in 2021, when a man close to Erdogan's ruling Justice and Development Party (AKP) was appointed rector of Bogazici University in Istanbul, often referred to be Turkey's Harvard.

Why this matters: This ruling has significant implications for the balance of power in Turkey and may lead to a re-evaluation of presidential powers in the country. The decisions may also serve as a catalyst for further reforms and a more stable and democratic governance structure in Turkey.

The protests at Bogazici University were met with police violence, including the use of batons, rubber bullets, and water cannons to disperse students, resulting in hundreds of arrests. The government labeled the protesters as 'terrorists' and 'fascists,' while observers saw the demonstrations as a broader expression of concerns about democracy and rights under Erdogan's rule.

On June 4, 2024, the Constitutional Court ruled that changing the appointment process by presidential decree is unconstitutional and has given the government one year to draft new legislation concerning the selection of rectors. The court emphasized that rector appointments cannot be made through decrees with the force of law.

In a related ruling, the court also annulled Erdogan's authority to replace the governor of the Turkish central bank before the end of their term. The court stated that this issue should be regulated by law, not by presidential decree, and provided a one-year deadline for the formulation of a new regulation regarding central bank appointments.

The court's decisions are seen as a significant blow to Erdogan's authority and may have far-reaching implications for the balance of power in Turkey. The rulings demonstrate the Constitutional Court's independence and willingness to check Erdogan's powers.

The annulment of these decrees is expected to restore some degree of autonomy to Turkey's universities and reinforce the independence of the central bank. Observers hope that these changes will lead to a more stable and democratic governance structure in Turkey.

The court's rulings come at a critical time for Turkey, with the country continuing to face economic challenges and political tensions. The decisions may serve as a catalyst for further reforms and a re-evaluation of presidential powers in the country.

Key Takeaways

• Turkey's Constitutional Court rules several presidential decrees by Erdogan as unconstitutional.
• Decrees allowed Erdogan to appoint university rectors and replace central bank governors.
• Court gives government 1 year to draft new legislation for rector appointments.
• Rulings seen as a blow to Erdogan's authority and a check on his powers.
• Decisions expected to restore autonomy to universities and central bank.