Conflict between Constitutional Court (AYM) and the Court of Cassation in Turkey’s judiciary system
The criticism of the Constitutional Court (AYM) by the Court of Cassation (Yargıtay) has sparked reactions from legal experts. One expert shared following about the issue; “Yargıtay has made a statement to pave the way for a constitutional amendment. This is wrong.” Another experts also commented, “According to the logic in Yargıtay’s statement, the courts of appeal (istinaf) would not recognize Yargıtay decisions either.”
Former Ankara Bar Association President Tuncay Alemdaroğlu pointed out that Yargıtay’s statement acknowledges that the final decisions of the Court of Cassation bind everyone. However, he emphasized that according to Article 153 of the constitution, AYM’s decisions also bind judicial organs. Alemdaroğlu criticized Yargıtay for making such a statement, stating that it undermines its legal credibility and suggests that Yargıtay has taken sides in the resolution of the issue.
A lawyer pointed out that Yargıtay’s statement implied that individual applications were being abused. He mentioned the Balyoz case (involving many high ranking soldiers at the time) which was approved by Yargıtay and overturned by AYM, noting that many officers who escaped from Balyoz played a role in preventing the July 15 coup attempt. He emphasized that AYM’s decisions were final, and criticizing it required writing articles rather than making statements like Yargıtay did. Akalın expressed concern that if Yargıtay criticized the situation in this way, the courts of appeal could also refuse to comply with Yargıtay’s decisions, leading to endless disputes.
A professor stated, “In no legal system with constitutional courts and individual application rights, have the duties and powers of AYM been interpreted so incorrectly. But Yargıtay has achieved this. Yargıtay Presidency’s statement is a crooked and misguided look at the law. There is no option but to say ‘shame; the law is being politicized and killed by a high court.'”
