The justification of the Constitutional Court's decision regarding the annulment of the provision of the Road Transport Law regarding the Ministry of Transport to transfer all of its duties and powers stipulated in the law was published in the Official Gazette. The cancellation clause will take effect after 9 months.
The 10th Chamber of the Council of State applied to the Constitutional Court on the grounds that some provisions of the Road Transport Law No. 4925 were unconstitutional.
The Constitutional Court, which discussed the application on the merits, decided that Article 35 of the Law, which states that the Ministry of Transport can transfer all of its duties and powers stipulated by the law, was unconstitutional and decided to be annulled.
The reason was stated that the lawmaker aims to ensure the increase of speed and efficiency in the service and to recover from the centralization of the work by enabling the transfer of all or a part of the duties and powers that the Ministry is obliged to perform in accordance with the Law No. 4925.
According to Article 7 of the Constitution, “The legislative power belongs to the Turkish Grand National Assembly on behalf of the nation. In the justification reminding that this authority cannot be transferred ”, it was noted that accordingly, it was not possible to give a general and indefinite regulatory power to the executive body in matters stipulated by law in the Constitution.
It is emphasized that the regulatory power of the executive is limited, complementary and dependent.
“For this reason, except for the discrete cases stipulated in the Constitution, in a field not regulated by law, the authority to impose general rules by law cannot be given. In addition, a rule of law that empowers the executive body to regulate should lay down the basic principles, draw the framework, and not leave an unlimited, uncertain and wide area to the regulation of the executive in order to be compatible with Article 7 of the Constitution. It is clear that the authority given to the Ministry by the rule subject to objection is the transfer of the essential regulatory power, which is vested in legislation and is inalienable.
Accordingly, the contested rule allows the Ministry to transfer all of the duties and powers granted in the Law no.4925, and the essential and permanent duties that are included in the law enforcement activities of the administration and which must be carried out by the officials of the State and other public officials are also real or permanent. The rule that allows it to be transferred to private law legal persons is also against Article 128 of the Constitution. "
Source: your reporter