Supreme court stands firm on Can Atalay case decision
The 3rd Criminal Chamber of the Court of Cassation has ruled that the second violation decision of the Constitutional Court lacks legal merit and should not be adhered to.
Following the Constitutional Court's second ruling on a rights violation for TİP Member of Parliament Can Atalay, the 13th High Criminal Court of Istanbul decided to refer the case back to the Court of Cassation.
Today, the 3rd Criminal Chamber of the Court of Cassation delivered its decision. The Chamber declared that the second violation ruling by the Constitutional Court has no legal standing. It concluded that there is no actionable decision within the scope of Article 153/6 of the Constitution, and thus, they will not adhere to the Constitutional Court's ruling.
The Chamber characterized the decision in question as 'juristocratic behavior'.
'Juristocratic behavior' refers to the perceived overreach or undue influence of judicial authorities in political or legislative matters. This term suggests that legal professionals, such as judges or legal experts, are exerting control or significant impact beyond traditional legal interpretation, potentially encroaching on the roles typically reserved for elected officials or the democratic process. It implies a scenario where the judiciary is seen as shaping policy or governance decisions, indicating an imbalance in the separation of powers within the government.