CHP to appeal to Turkey's Constitutional Court over post-coup attempt decree laws

The main opposition Republican People's Party (CHP) will appeal to the Constitutional Court for the annulment of all decree laws issued under Turkey's ongoing state of emergency, imposed after the failed coup attempt of July 15.

CHP Deputy Chair Levent Gök will submit the appeal to the Constitutional Court on Sept. 23.

The appeal states that the decree laws issued during the state of emergency, which was announced on July 22, deviate from their aim and amount to the executive branch illegitimately practicing the power of the legislative branch.

The basis of the appeal rests on two rulings by the Constitutional Court in 1991 and 2003. Those rulings state that if the decree laws issued under a state of emergency are irrelevant to the necessities of the state of emergency, they cannot be counted as legitimate decree laws and could be taken to the Constitutional Court for annulment. Those decree laws are valid only during the period of the state of emergency and are abolished after the state of emergency is ended.

The CHP argues that the government is exploiting the state of emergency decree laws, although these laws should be exceptional because Article 120 of the Turkish Constitution says decree laws can only be issued if required. The CHP stresses in its appeal that state of emergency practices aim to defeat an immediate threat for swift return to the regular order, and warns that Turkey may have to pay huge fines if citizens choose to apply to the European Court of Human Rights (ECHR) over the decree laws. 

According to the CHP's appeal, decree laws issued during state of emergencies should be submitted to parliament and be discussed within 30 days, according to Articles of 91/7 and 121 of the constitution, but this...