With the decision published in the Official Gazette on June 29, the Constitutional Court of Turkey accepted legislative decrees issued in the state of emergency to be actual codes in the Constitution.
After the decision of the court, since there are no regulations that can be named a “legislative decree” in the state of emergency anymore, the decrees cannot be demanded to be ruled out for the reasons such as “exceeding the time limit of the state emergency”, or “not being measured”.
The parliamentary opposition Republican People’s Party (CHP) had applied to the Constitutional Court, stating that the legislative decrees issued during the state of emergency were sent to the parliament for approval, and could not be accepted as codes. The Court rejected the CHP’s application with the reason that the parliament had willed to make law.
The decision says that the decrees can be objected for being against the Constitution, but now that they are actual codes, they cannot be objected with the reasons that can be used for the state of emergency.
Now re-elect President of Turkey and the Chairperson of the ruling Justice and Development Party (AKP), Recep Tayyip Erdoğan, had promised before the elections to abolish the state of emergency, though he had in multiple occasions admitted that the state of emergency was most useful for the capitalists, since it made it much easier for the government to ban strikes and suppress any protest.
The decision of the Constitutional Court is thought to have passed so that there wouldn’t be any gaps in the legal system after the state of emergency has been abolished.
The court also contradicted its own decision made on October 12, 2016. Two years ago, the Constitutional Court had rejected an application claiming that a legislative decree was against the Constitution for the reason that the parliament had used its authority to control, while today it claimed that the parliament had the legislative authority.
