According to the decision published in the Official Gazette, the Supreme Court decided that some of the rules of the “Presidential Decree Amending Some Presidential Decrees” were unconstitutional and that the CHP’s application for annulment was annulled.
The Supreme Court ruled that the rule that allows the Treasury to participate in domestic or foreign companies by the President’s decision is not unconstitutional and the cancellation request is rejected.
In the article whose cancellation was requested, it was stated in the decision that the Ministry of Treasury and Finance was authorized to participate in companies, and it was stated that this was related to the “duties and powers of the ministries”, which is one of the issues specifically foreseen to be regulated by the Presidential Decree (CBK).
In the decision, it was pointed out that it is possible to regulate participation in companies with the CBK according to Article 106 of the Constitution, and it was noted that the rule in question was not among the “issues envisaged to be regulated by law”.
The Constitutional Court ruled that the rule was in accordance with the Constitution in terms of content.
In the decision, “The decision to be taken within the scope of the economic activity to be realized by the participation of the Treasury in the companies, and which elements of the executive body will carry out the transactions, are also clearly, comprehensibly and applicable, and there is no uncertainty in this respect in the rule.” statements were included.
Cancellation decision regarding MASAK
The Constitutional Court also decided to cancel the article, which was regulated by the same decree, regarding MASAK’s ability to request all kinds of information and documents from real and legal persons and organizations without legal personality.
The Supreme Court canceled the article on the grounds that it “contains a regulation on personal data”.
In the decision, which pointed out that the right to the protection of personal data is guaranteed by Article 20 of the Constitution, everyone has the right to demand the protection of their personal data, personal data can only be processed in cases envisaged by the law or with the explicit consent of the person, and the principles and procedures regarding the protection of personal data will be regulated by law. specified.
In the decision, in which it was stated that it was not possible to make an arrangement with the CBK regarding the right to personal data protection, it was explained that the article requested to be canceled gave MASAK the authority to request all kinds of information and documents.
In the decision, which stated that this was a regulation regarding personal data, “The Constitutional Court decided that, for the reasons explained, the rule was unconstitutional in terms of subject matter and that it was annulled, and that the annulment provision would enter into force 9 months after the publication of the decision in the Official Gazette.” it was said.
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