Erdogan stokes judicial crisis, calling for new constitution

The Turkish President, Tayyip Erdogan, has become involved in a growing judicial crisis by calling for a new constitution to resolve a conflict between two of Turkey’s top courts. This issue has generated significant debate over the rule of law, which escalated on Wednesday when the appeals Court of Cassation lodged a criminal complaint against judges of the Constitutional Court. This move came after the latter ruled in favor of releasing jailed parliamentarian Can Atalay last month.

The controversy deepened when the top appeals court declared the Constitutional Court’s ruling as unconstitutional, highlighting the weakened state of Turkey’s legal system. The resolution of this unprecedented standoff between the two courts is uncertain, as legal experts expressed difficulties in predicting the next steps.

Addressing this issue on a flight back from Uzbekistan, Erdogan expressed his disappointment with the “many mistakes” made by the Constitutional Court. This has caused concern among Turkey’s bar association, the main opposition party CHP, and hundreds of demonstrators, including many lawyers, who protested in Ankara.

During the march, main opposition leader Ozgur Ozel described the judicial crisis as an attempt by Erdogan to overhaul the constitutional order. He criticized the president for supporting the actions of the Court of Cassation while ignoring the constitution.

Responding to the conflict, the Court of Cassation issued a statement accusing the Constitutional Court of dragging the legal system into chaos with its rulings on individual applications. The Court of Cassation also expressed readiness to provide support for necessary works on legal and constitutional amendments.

During a ceremony in Ankara, Erdogan assumed a more moderate tone, emphasizing that he was not taking sides in the dispute but seeking to act as a referee. He highlighted the need for a new constitution, reflecting his opinion that parliament should address this matter next year.

This move raised concerns that Erdogan is aiming for greater control over Turkey’s judicial system. Political analyst Gareth Jenkins suggested that the president’s preference is to handle matters in accordance with the constitution, which is why he has amended and is now discussing a new constitution.

This intricate conflict was exacerbated by the sentencing of Can Atalay to 18 years in prison for his alleged involvement in organizing nationwide protests in 2013. The protests were a significant challenge to Erdogan’s power, and all defendants denied the charges, claiming that the protests developed spontaneously.

Legal experts emphasized that such a crisis between Turkey’s two most prominent courts is unprecedented and reflects concerns about the influence of the judiciary by Erdogan. This issue coincided with the release of an annual report by the European Commission on Turkey’s EU membership bid, highlighting “serious backsliding” on democratic standards, the rule of law, and judicial independence.

Constitutional law professor Bertil Oder and Sule Ozsoy Boyunsuz expressed concern over the degradation of the rule of law in Turkey and the potential authoritarian consequences of the judicial clash. Additionally, some analysts suggested that the issue could deter foreign direct investment which is crucial as Turkey attempts to attract foreign investors after a shift in economic policy.