23.06.2025 10:10
The Constitutional Court (AYM) annulled the phrase "situations incompatible with the duties of a civil servant" in Article 56 of the Civil Servants Law, which regulates the termination of the duties of candidate civil servants, deeming it unconstitutional.
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According to the Constitutional Court decision published in the Official Gazette, the phrase in Article 56 of the Civil Servants Law, which regulates the termination of the duties of candidate civil servants, was found to be unconstitutional.
Accordingly, the 3rd Administrative Court of the Ankara Regional Administrative Court stated that the phrase "situations incompatible with civil service in their conduct and movements" in Article 56 of the Civil Servants Law does not clearly specify which behaviors it encompasses, and therefore is open to subjective and arbitrary interpretations, and applied to the Constitutional Court for the annulment of the relevant provision.
"CAN LEAD TO ARBITRARY APPLICATIONS"
As a result of the evaluation made by the Constitutional Court, it was decided to annul the relevant phrase. The decision stated, "the limits of behaviors incompatible with civil service in the contested rule are unclear and may lead to arbitrary applications. The scope, nature, and how the situations constituting a disciplinary offense occur have not been clearly specified. Therefore, it is not possible for individuals to know in advance how a specific act and behavior will be linked to a certain outcome."
The decision will come into force 9 months after its publication in the Official Gazette.
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