State council annuls exemption of privatizations from law!

The State Council has suspended the execution of a decision taken by the Cabinet to exempt privatizations from jurisdiction rule. Turkey’s highest administrative court appeared to rule that the cabinet decision bypassing…

State council annuls exemption of privatizations from law!

The State Council has suspended the execution of a decision taken by the Cabinet to exempt privatizations from jurisdiction rule.

Turkey’s highest administrative court appeared to rule that the cabinet decision bypassing judicial rulings was non-compliant with law in an Oct. 25 meeting.

Lawyer Nilgün Öğüçlü had filed a lawsuit with the State Council against the Cabinet decision, suggesting it was against the state of law principles and the Constitution.

The Constitutional Court has also annulled the Cabinet decision in October, ruling that the bypassing of the law in privatization was unlawful.

Main opposition Republican People’s Party (CHP) deputies had taken the decision to the Constitutional Court.

The Cabinet had taken the decision at the issue in June 2012, in order to void prior legal rulings that cancelled the privatization of the Tüpraş, Eti Alüminyum, the Seka, Kuşadası and Çeşme ports.

The Cabinet had based its decision to privatize these entities on the “practical impossibility” of implementing the initial judicial rulings. The Cabinet has the power not to implement judicial rulings that cancel privatizations made after the final share transfer agreements are signed, thanks to an omnibus bill that had come into effect earlier.

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