KHK decision from the Constitutional Court

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  • 10:17 25 December 2019
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NEWS CENTER - The Constitutional Court has repealed the article preventing applications to the State of Emergency Commission regarding the additional measures imposed by Statutory Decrees, such as the cancellation of passports and international travel bans.

The Constitutional Court has repealed the legal regulation that foresees that no separate applications can be submitted to the Commission for the Examination of Proceedings under the State of Emergency regarding the additional measures introduced by the Statutory Decrees put into effect within the scope of State of Emergency.
 
The main opposition Republican People's Party (CHP) previously filed a lawsuit against the Law on Enacting the Amended Version of the Statutory Decree on the Establishment of the Commission for the Examination of Proceedings under the State of Emergency. The party requested that some articles of the law be repealed and their execution be stopped.
 
Examining the request of the CHP, the General Assembly of the Constitutional Court has ruled by a majority vote that the phrase "...with additional measures..." in the article regulating the duties of the State of Emergency Commission shall be repealed.
 
The Constitutional Court has reportedly ruled for the annulation of the article by a vote of eight members to seven.
 
With the above verdict of the Constitutional Court, applications can be submitted to the State of Emergency Commission regarding the additional measures imposed by the Statutory Decrees on the ones who were discharged from public service by the decrees, such as "the cancellation of passports, international travel bans and confiscation of property..."
 
The related article of the law foresaw that no separate applications could be made regarding the additional measures imposed by the statutory decrees adopted within the scope of statutory decrees, such as discharge from public service, duty or school; closure of associations, foundations, unions, federations and confederations, private healthcare providers, foundation higher education institutions, private radios and televisions, newspapers and magazines, news agencies, publishing houses and other channels of distribution; stripping retired personnel of their ranks.

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