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Just a while ago, the number of members of the Constitutional amendment enters into force, the changing structure of the quorum and the meeting of the Constitutional Court, the application will not do the law enters into force until the meeting was reflected in the written and visual media. The last two days, bringing this issue to the agenda is on hold 155 of the file, which is very important in cases where a monopoly in the press has been of concern to workers.

Toplanmama Constitutional Court explained the reason as follows: 149 of the Constitution article of amendment, the separation of the real-reserve members have been removed, the number of members to 17 was removed, the Constitutional Court emphasized that at least 13 üyeyle collected. In this case, the Supreme Court at 14 or 16 üyeyle be collected. Double points alınamayacaktır decision can be taken equal votes in the meetings. Therefore, the application must be collected by the Constitutional Court Act çözümlenmedikçe removed the problem.

Not convincing

Ali Riza Aydin odatv.com the former rapporteur for the Constitutional Court in writing, such as the justification put forward for toplanmama is far from convincing. However, the Constitutional Court also explained another reason. Therefore, it is devoid of foundation to explain the legal grounds to toplanmama.

First, it should be noted that the quorum for decision-rule, before the change and then remained the same. Both according to the rule, decision-quorum "absolute majority". Indeed, 149 of the Constitution Before the change in article, "The Constitutional Court will meet with the President and ten members, shall decide by simple majority," while denilmekte, after the change in this rule, "the Constitutional Court and the General Assembly works in two parts. Sections are collected with the participation of four members headed by Vice-Chairman from. The General Assembly, the Court designated by the President or the President at least twelve members and meets under the chairmanship başkanvekilinin. Departments and the General Assembly takes decisions by simple majority "has taken the form. Article, saying the meeting quorum of at least thirteen, being variable, but the decision again quorum "absolute majority" as preserved.

The second paragraph of the same substance, "Political parties in litigation and appeals related to the cancellation and opposition proceedings conducted trials with the capacity of the Supreme Court is checked by the General Assembly, the departments decided on an individual application" is called. According to this paragraph, sections, only look at individual applications and the other issues, the General Assembly would be discussed as it used to be. Duties and authorities of the General Assembly has not changed. There is a problem in this way the collection of the General Assembly.

Added to the temporary change in the Constitution on the 18th Yasa'yla item, the individual applications of legislation to be completed within two years, individual applications will be accepted after the entry into force of this law is specified, there is a problem in terms of sections. Entry into force of the law departments to work because the application is not in question.

WHAT WILL BE NUMBER TWO

The problem only manifest themselves in the work of the General Assembly. What will be the quorum of the General Assembly decided to double points and collected?

The difference between the old and new rules regarding the decision are absent, according to the quorum of the problem, the Constitutional Court concluded that to date can be solved in the light of comments and applications.

149 of the Constitution Establishment of the Constitutional Court to rule before the 2949 amendment of article No. 42 of the Law on the Procedure and the Constitutional Court İçtüzüğü'nün 12 Articles, decisions are "absolute majority" will be specified, "the total number of members" definition used, as a rule, the decisions "of the participants", namely the President and ten members with the absolute majority principle will be adopted. Application in accordance with this policy continued until the Supreme Court since its establishment. According to this principle, the decision quorum "of a more than half" and the 11-member Assembly, and this number is 6 votes. Search of a qualified majority except where the Constitution all decisions of the Supreme Court 6 votes, a majority was sufficient for.

Even this practice, and supervision of the judiciary, such as today's ruling was also objected to the period of the Government of Turgut Ozal who ayakbağı. Prime Minister, according to the law of the Constitution and the organization decided not yetersayısının 6, 7 it should be stated, the laws of 3403 amending Law No. 8 selections Article, "6-5 majority basis," according to the decision regarding the revocation were asked to re-discuss.

Absolute majority

The Constitutional Court, upon the request of the diary, 14.10.1987, E.1987 / 3 (Miscellaneous), K.1987 / 3 of the decision, "6-5 majority basis," according to the Constitution, given that the decision to cancel 149 and Law No. 42 of 2949 in accordance with the articles, "25 years was carried on with determination of the application the Constitution, laws and the concept of a simple majority in a direction contrary to the absence of meaning and content" was adopted unanimously.

As a result, according to the Constitutional Court's interpretation and application "absolute majority", the meeting participants "more than half of the majority" refers to. This result is also true scientifically. A simple majority of Turkish Law Dictionary, "on one side and collected the votes, more than half of all the votes of the majority being" in Turkish Dictionary, the "ballot, more than half the number of members a majority vote provided" in the form described.

NOT EVEN ASK

Thus, the quorum of the General Assembly decided to double points in terms of the collection does not appear to cause trouble. Because, in case of a 14 or 16 üyeyle collecting, according to the result reached in the above decision quorum, are, respectively, 8 and 9.

Other than that single issue, the General Assembly in case of double number of votes equal to the collection will lead to the release. This remedy in law, the president of the game, "two" was counting. However, legal rules are needed for it and today there is such a rule. For this reason, overcome the problem in question, the Board must only depend on the collection of points. That is definitely the Board, the law until the 13, 15 or 17 to be collected. Constitutional rule koymadığından upper limit for the meeting quorum, the meeting some members need to be katılmamasının. Some members join or participate in the meeting say, some şaibeleri the agenda could have the most accurate method of gathering the participation of all members of the Board. But of course the members will be disabled. For example, a membership is now known to be empty. Therefore, 15 üyeyle gather, the solution seems to be way more suitable for. The Constitutional Court may decide for it. God, the rumors will be very important files that are more important to be outstanding. Moreover, the Board members to participate by providing alternately, the rumors could be avoided.

Undoubtedly, the application of a law must be removed as soon as possible. However, its history, "suspension of execution" and the importance of the authority that there rightly and worthily to a Supreme Court ruling, the agenda when there are so many important cases is difficult to understand toplanamamasını.