The Turkish Supreme Court has rejected a claim by 121 Members of
Parliament, seeking to cancel the Omnibus Bill, numbered 6518,
amending Ministry of Family and Social Policies' Statutory
decree and some acts and statutory decrees, enacted on 19 February
2014. The Supreme Court's decision (dated 8 December 2015,
numbered 2014/87 E., 2015/112 K.) rejects the cancellation request
regarding the Omnibus Bill, which introduced changes to the Tax
Procedure Code and Social Security Code, among others.
Tax Procedure Code
The Omnibus Bill amended Article 257 of the Tax Procedure Code.
The article requires tax payers to have no outdated debt in order
to obtain the necessary barcode, stamp, clippings and alike for
maintaining commercial activity. The claimant requested
cancellation of this article on the basis that it restricts the
rights of private enterprise, which are protected by the Turkish
Constitution. It also claimed that granting discretion to the
Ministry of Finance to decide the thresholds for applying or
waiving the obligation is a transfer of legislative power.
The Supreme Court rejected the claims, ruling that the
restriction under Article 257 is not unconstitutional and the
Ministry of Finance is entitled by law to make such
Public Procurement Code
The Omnibus Bill amended Article 38 of the Public Procurement
Code. The claimant requested cancellation of this article on the
basis that it unconstitutionally grants discretion to public
procurement commissions to determine the criteria for
"extremely low bids".
The Supreme Court rejected the claims, ruling that public
procurement commissions are competent to determine the criteria for
extremely low bids.
Social Security Code
The Omnibus Bill adds a new clause to Article 30 of the Social
Security Code. The new clause states that assistant general
managers in the central organization and as provincial directors
who work for the provincial directors for at least three years may
be appointed as Social Security Specialists.
The claimant requested cancellation of this article on the basis
that the new clause might cause inequality. The claimant argued
that the government may abuse this power by making biased
appointments, causing inequality in the legal appointments and
harming vested rights.
The Supreme Court rejected the claim, ruling that the article is
not biased and will not generate inequality.
Code Regulating Internet Publications and Suppression of
Crimes Committed by Means of Such Publication
The Omnibus Bill amends various articles in the Code Regulating
Internet Publications and Suppression of Crimes Committed by Means
of Such Publication.
The claimant requested cancellation of these amendments on the
basis that the articles are unconstitutional because they violate
the right of privacy and the restrictions do not comply with
democratic society. The Supreme Court rejected the claim, ruling
that the restrictions not unconstitutional.
Please see this link for the full text of the Supreme Court's
decision (only available in Turkish).
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