The decision of the Constitutional Court dated 6 March 2025 and numbered 2025/50 and 2025/47 (“Decision”) was published in the Official Gazette dated 22 May 2025 and numbered 32907.
The Constitutional Court eviewed the request for annulment of Article 134 regulating the circumstances in which disciplinary penalties shall be imposed and Article 135 regulating disciplinary penalties of the Attorneyship Code numbered 1136.
The Constitutional Court indicated that in its previous jurisprudence, the disciplinary provisions of professional organizations having the status of a public institution in different laws were deemed unconstitutional and annulled due to the conclusions that the disciplinary provisions of professional organizations having the status of a public institution grant unlimited discretionary power to the administration, there are no necessary and sufficient mechanisms to ensure that a fair balance is observed between the act of indiscipline committed and the disciplinary penalty determined, and t there is no legal guarantee against arbitrary interpretations and practices in terms of disciplinary penalties to be imposed, and that there is no situation that requires a differentiation from the aforementioned decisions in the application subject to the Decision, and decided to annul Article 134 and Article 135 of the Attorneyship Code as unconstitutional.
The Decision will enter into force nine months after its publication in the Official Gazette.
The full text of the decision is available at this link. (Only available in Turkish)
