02.12.2025 06:51
The Constitutional Court annulled the regulation that stipulated the conditions for the cancellation of candidate drivers' licenses in the Highway Traffic Law to be determined by a regulation instead of a law, finding it unconstitutional. The annulment will come into effect 9 months later to prevent any legal vacuum.
According to the decision published in the Official Gazette by the Constitutional Court (AYM), the Mardin 1st Administrative Court applied to the High Court for the annulment of the phrase "...the cancellation of the driving licenses of candidate drivers..." in the second paragraph of the additional article 17 of the Highway Traffic Law No. 2918, on the grounds that it is unconstitutional.
RULE ANNULLED
In its substantive review of the application, the AYM ruled that the relevant rule is contrary to Articles 13 and 20 of the Constitution and decided to annul it. In its justification, the AYM noted that the rule whose annulment was requested foresaw the regulation of the conditions and procedures for the cancellation of candidate drivers' licenses by regulation.
“RESTRICTION ON THE RIGHT TO REQUEST RESPECT FOR PRIVATE LIFE”
The justification pointed out that the cancellation of the driving license eliminates the opportunity to drive, which has become a part of individuals' private lives, and stated that this situation imposes a restriction on the "right to request respect for private life."
The decision emphasized that fundamental rights and freedoms can only be restricted by law, stating, "It is not sufficient for a legal regulation aimed at restricting the right to request respect for private life to exist in form; it must also determine the fundamental principles, rules, and framework. A law that restricts fundamental rights must possess these characteristics, which is also a requirement of the principle of the inalienability of legislative authority guaranteed by Article 7 of the Constitution." The justification expressed that the annulled rule did not draw a legal framework regarding the circumstances under which driving licenses would be canceled.
TO COME INTO FORCE 9 MONTHS LATER
Pointing out that the authority to determine actions that could lead to the cancellation of the document was entirely left to the administration, the AYM noted that the regulation granted the administration an indeterminate authority and did not meet the condition of legality in this form. The AYM assessed that the legal vacuum created by the annulment decision would violate the public interest. In this context, it was decided that the annulment provision would come into force 9 months after the decision is published in the Official Gazette, in order to allow the Turkish Grand National Assembly (TBMM) to make a new legal regulation.