Decision dismissing, for lack of jurisdiction, the request for declaration of that certain provincial and district organizations of a political party have lost their legal entity

(E.2018/13 Miscellaneous Works, K.2018/13, 27 December 2018)

Ground for the Request for Annulment

The Chief Public Prosecutor’s Office of the Court of Cassation requested the declaration of the fact that certain provincial and district organizations of the Engelsiz Türkiye Partisi dissolved themselves, as they had not held their general meetings timely, and that thereby they lost their legal entity.

The Court’s Assessment

The Constitutional Court’s jurisdiction as regards the declaration of the dissolution of political parties concerns their legal entity, which covers their headquarters, as well as their provincial and district organizations. The Court shall not be authorized to declare the dissolution of the political parties’ provincial and district organizations.

As a matter of fact, in the previous applications requesting the declaration of the dissolution of political parties, the Constitutional Court declared the dissolution of not only the general headquarters of the parties concerned, as well as their provincial and district organizations, but also the political parties’ legal entity covering all these organizations.

Consequently, the Constitutional Court dismissed, for lack of jurisdiction, the request for declaration of the fact that certain provincial and district organizations of the Engelsiz Türkiye Partisi dissolved themselves and that thereby they lost their legal entity.