Siyasi parti kapatma davalarının hukuki niteliği
Yükleniyor...
Tarih
2021
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Istanbul Univ, Fac Law
Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
Although the existence of political parties is often deemed indispensable for the proper functioning of democratic political life, our constitution provides that political parties can be closed down in certain cases. In Turkish law, the principles regarding political parties, which are indispensable elements of democratic political life, are laid down in Articles 68 and 69 of the Constitution and in the Law on Political Parties No. 2820. According to these provisions, a political party may be permanently closed if its statutes, programs, and activities contradict the principles that express the founding philosophy of the Turkish republic, as shown in the fourth paragraph of Article 68 of the Constitution, or if it receives financial support from foreigners. The decision to close a political party is made by a party closure case held by the Constitutional Court upon the bill of indictment prepared by the Office of the Chief Public Prosecutor of the Supreme Court of Appeals. However, under our law, the legality of political party closure cases is debatable. The answer to this question of legality is critical to determine the appropriate legal rules to be applied in party closure cases and the validity of the judgments given in such cases. An opinion in the legal doctrine states that a political party closure case is in the nature of a criminal case considering that the rules of criminal procedure will also be applied in case of the closure of a political party. Another view in the existing body of law argues that the application of the rules of criminal procedure law in political party closure cases does not, in itself, convert these cases to criminal cases. There is no consistent determination regarding the legal nature of party closure cases in the decisions of the Constitutional Court. The Constitutional Court has signed decisions that can be considered within the scope of both or either of these views at various times. There is no consistency in the decisions of the Constitutional Court as to what the legal nature of such cases is. In our study, we will try to determine the legal nature of political party closure cases in the light of the views in the doctrine and the decisions of the Constitutional Court.
Açıklama
Anahtar Kelimeler
Political Party, Closure Case, Public Case, Criminal Case, Criminal Law Sanction
