‘Constitutional Court rulings are binding,’ emphasizes court president

* Photo: Anadolu Agency (AA)

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Constitutional Court President Zühtü Arslan made a speech at the oath-taking ceremony of İrfan Fidan, who was appointed to the Court of Cassation when he was the Chief Public Prosecutor of İstanbul and has been recently appointed as a member of the Constitutional Court without yet hearing any cases at the Court of Cassation.

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While the oath-taking ceremony was attended by ruling Justice and Development Party (AKP) Chair and President Recep Tayyip Erdoğan, who chose Fidan for the membership among three candidates, and Parliamentary Speaker Mustafa Şentop, Constitutional Court President Arslan emphasized the bindingness of the top court's rulings in his speech:

"The provisions of the Constitution are peremptory norms binding for the legislative, executive and judicial bodies and administrative authorities."

Arslan noted that the failure to enforce the Constitutional Court rulings might make the Constitution meaningless and nonfunctional:

"When the Constitutional Court identifies a violation, it gives a ruling regarding what needs to be done to eliminate this violation as well as its consequences. As a matter of fact, it is not something that depends on the judgement or preference of the court, it is an obligation arising from the law and the nature of the individual application.

"At this stage, what needs to be done by the relevant bodies is to eliminate the violation and do the necessary to prevent similar violations. Within this scope, as a rule, it needs to be ensured that the situation changes back into its former state, namely into its state before the violation.

"According to the Constitution and the relevant law, administrative and judicial authorities are obliged to enforce the Constitutional Court rulings. The bindingness of Constitutional Court rulings and, therefore, the obligation to enforce the rulings given by the Constitutional Court is a guarantee for the protection of Constitutional rights and freedoms.

"The failure to enforce the Constitutional Court rulings might make the Constitution utterly meaningless and nonfunctional.

"In a place where the Constitution becomes meaningless and the trust of individuals and society in the law and state is undermined, it will no longer be possible to protect the values that hold us together."

Kavala and Demirtaş rulings not enforced

İrfan Fidan took the floor after Zühtü Arslan and took office by swearing the oath. Most recently, the İstanbul 14th Heavy Penal Court, which previously defied the top court's ruling, has abided by the second ruling of right violation given by the Constitutional Court for main opposition CHP's Enis Berberoğlu, who was stripped of his MP status due to the trial.

However, the rulings of the Constitutional Court and the European Court of Human Rights (ECtHR) on arrested politician Selahattin Demirtaş and arrested businessperson and rights defender Osman Kavala have not yet been enforced. (HA/SD)