63^rd Anniversary of the Constitutional Court of the Republic of Türkiye

Opening Remarks

Dolmabahçe Palace, İstanbul
25 April 2025

His Excellency Mr. President,

Distinguished Colleagues, Esteemed Participants,

It is a great pleasure to have you with us.

It is also a privilege and an honour to welcome you here in Istanbul, a city that stands at the crossroads of civilizations and where the profound legacy of history and the law continues to resonate. This ancient metropolis has long witnessed landmark moments in the pursuit of justice, law, and human rights.

Rising within the unique silhouette of Istanbul, the Dolmabahçe Palace - a symbol of the late Ottoman era - served as a pivotal seat of legal and governmental decision-making.

Today, amidst the majestic traces of history, we have convened to commemorate the 63^rd anniversary of the establishment of the Turkish Constitutional Court, and to engage in a meaningful discussion on the rule of law and the advancement of constitutional justice.

On behalf of myself and the Turkish Constitutional Court, I once again extend to each and every one of you my most sincere welcome and convey my heartfelt and respectful greetings.

On this significant occasion, we not only pay tribute to our past, but also reaffirm our responsibilities that lie ahead, once again voicing our shared commitment to the rule of law and justice.

In today’s globalised world, constitutional justice is no longer shaped solely within national boundaries. It is also influenced by universal legal norms and the jurisprudence of international courts. Therefore, cooperation among constitutional courts and high judicial bodies of different countries holds critical importance for strengthening the rule of law and ensuring more effective protection of individual rights, as well as establishing justice on a global scale.

The presence of you, our esteemed guests, here today will provide us with a great opportunity to discuss common challenges confronting constitutional justice and to exchange respective experiences. The symposium will provide a platform for both the mutual exchange of insights and engaging in substantive discussions to develop common solutions to the global challenges confronting constitutional justice.

Moreover, this occasion will contribute to the establishment of enduring channels of dialogue and interaction among our institutions. We believe that such an environment fostered through this gathering will not only enrich today’s atmosphere, but will also strengthen our long-term institutional relations, thereby laying a solid foundation for future solidarity and cooperation.

His Excellency Mr. President,

Justice is the act of doing what is right, of placing everything in its proper place, and of giving each person what they are rightfully entitled to. It is the spiritual pillar of human being and the cornerstone of social order. Throughout the history of humanity, justice has been recognised as a sacred ideal in both divine teachings and man-made legal systems.

Justice is indispensable for ensuring social peace, order, prosperity, and security. In societies where justice prevails, social peace comes to the fore, and mutual trust among individuals is reinforced. Therefore, justice plays the most pivotal role in maintaining social order and safeguarding individual rights.

In his work Kutadgu Bilig, Yusuf Has Hacip states “A strong army is essential to protect the state; there must be prosperous people for a strong army to be built; and for the people to prosper, there must be justice.” Accordingly, any development, growth, and power can only be achieved through justice. Justice is the very foundation upon which life stands. It is a fundamental prerequisite for the presence and advancement of both the State and society.

According to the founder of the Republic of Türkiye, the Great Leader Atatürk, independence, the future, and freedom can only be secured through justice. His sense of justice has laid the foundation for both our legal system and the society’s pursuit of justice.

His Excellency Mr. President,

Although I have addressed these matters previously, I would like to emphasise a few key points once again, in view of their fundamental significance.

Across the world, in every society, the most vital safeguard of the principles and values that constitute the constitutional identity or the common social identity of a society lies in the existence of an independent and impartial judiciary. Such a judiciary can only be achieved through independent and impartial judges. The primary responsibility for upholding justice and securing rights rests with judges and prosecutors, who serve as the principal actors within the judicial process. It is therefore vital that all judicial actors render their decisions freely within the framework of positive law, and without being influenced by any external factors including their own personal feelings or beliefs, and without hesitation or concern. In this context, they must consistently uphold reason and science as guiding principles in their work.

While I am fully aware that, under positive law, judges and prosecutors are not permitted to deal with cases involving their close relatives, I nonetheless wish to emphasise the fundamental principle that they must always uphold justice, even when it conflicts with the interests of their parents, siblings, other close relatives, or friends, or in favour of those whom they resent or bear hostility towards. They must never attempt to bend the truth or manipulate justice to serve their personal desires or interests. They should always call people to what is right and issue fair judgments. They must never forget that those who distance themselves from truth and justice will ultimately be unable to escape the consequences of injustice. Thus, personal hostility or greed must never lead them to act unfairly. They must always be the representatives of justice everywhere. No reason should ever deter judges and prosecutors from upholding the right and lead them to act unjustly.

In our view, where justice does not prevail, chaos is inevitable, social order collapses, and, individuals begin to perceive their own actions as justified. For this reason, to prevent any disorder, the scales of justice must always be guided by truth and fairness, and justice must be administered in all circumstances. At the same time, no concession should ever be made to those who, despite being in the wrong, provoke conflict as if they were right; to those who seek to manipulate the law for their own interests; or to those who perceive justice not as what is rightful, but as what favours their own interests. One must always follow and uphold what is right. We must never forget that even the smallest deed -good or evil, even being no heavier than a mustard seed- whether hidden deep inside a rock or located somewhere in the heavens or the earth, will one day come to light, and we will be held accountable for it.

In this regard, it is worth recalling the message of our Holy Book, the Qur’an, which declares that one day, precision scales will be established, which will not do a single soul the slightest injustice, and that will accurately weigh what has been done, even if it is a simple good or bad thing no heavier than a mustard grain. On that day, those of us who now strive to dispense justice by questioning everything and everyone, will also have our turn, and that we will definitely be questioned one day. The same or similar rules are also laid down in other Sacred Books.

Accordingly, the day of reckoning will inevitably come, all records will be unveiled, and we will be held accountable for our actions. Therefore, we should be grateful for today, and strive to meticulously preserve and uphold justice and the rule of law in practice.

His Excellency Mr. President,

All around the world, right before our eyes, wars, injustices, oppression, and inequalities driven by social viruses such as arrogance rooted in power and wealth, intolerance toward different religious beliefs, xenophobia, racism, and discrimination continue to inflict deep wounds upon the collective conscience. In this climate, the true value of peace and justice grows stronger with each passing day. As stated by the Secretary-General of the United Nations in his message for the 2024 International Day of Democracy, fundamental rights and freedoms are currently under serious threat across the globe. Freedoms are being eroded, the civic space is diminishing, polarisation is deepening, and mistrust is on the rise. There is growing concern about the future of democracy, peace, and stability.

Deep global inequalities, severe economic crises, unfair distribution systems, and violations of international law represent the structural roots of numerous challenges from the migration crisis to environmental catastrophes. Unfortunately, the international community often addresses these challenges with temporary solutions, and in many cases, appears to turn a blind eye and a silent conscience to them.

However, the atrocities taking place around the world, particularly in Gaza, as well as the violations of human rights and freedoms, and the inhumane treatment of vulnerable individuals, especially women and children, must not be overlooked, nor should they be disregarded by our eyes or our consciences. Atrocities must be addressed with swift, courageous and just action, without discrimination based on race, religion, language, or colour. This is an inherent duty of being human, a fundamental moral obligation. Therefore, all societies must, even under difficult circumstances, strive to strengthen cooperation, rebuild trust, and work towards creating a more inclusive and just world for current and future generations.

The suffering caused by past and ongoing wars, along with the lessons drawn from these experiences, must be understood and remembered by all, particularly by today’s generations. Actions should be taken with careful consideration of past events. Events and opportunities should be carefully considered with reason, health, and science. Each breath we take is a treasure for our future, being of great importance. Therefore, every moment should be valued, and no space should be given to conflict, confusion, or division.

His Excellency Mr. President,

Let me address the international community with the hope of being heard and met with sincere engagement. As humanity, we must not allow our own actions to drive our collective future into a dead end. We should bear in mind that true and lasting peace can only be achieved in a world governed by morality and justice. The shared future of humanity and the prospect of enduring peace depend on a renewed commitment to moral values and upholding justice across the globe. Accordingly, humanity must embrace the will to live in peace with the “other” and endeavour to build a global order that makes this possible, as every human life holds profound worth.

Humanity has come to understand, through bitter experience, the grave consequences of systemic injustice within the international order, intolerance, the arrogance stemming from power and wealth, as well as of the refusal to coexist peacefully with the other. The past must not be forgotten. The repeated reproduction of division between “us” and “the other” should be avoided. As is widely acknowledged and theoretically accepted, every individual across the globe is entitled to inalienable and non-transferable rights and freedoms that are essential for a life worthy of human dignity. These rights and freedoms, which represent the dignity of humanity, are the shared values of all humankind. Pluralism and tolerance are also part of these values. They should be respected and realised worldwide.

All relevant authorities and stakeholders worldwide must collaboratively cultivate an international relations framework based on a win-win approach rooted in justice. They must also take the necessary steps to foster a legal culture that prioritises humanity, upholds the rule of law, and ensures a delicate balance between security and fundamental rights and freedoms.

Those who turn a blind eye and close their consciences to the atrocities, who stand by the oppressors, and who persist in their unjust actions, relying on the power they wield, as well as perpetrators of violence against infants, children, and women should not think that their actions will go unpunished.

In this context, I would like to cite an example from our Holy Book, the Qur'an. The respective verse¹ in the Qur'an states: “Do not think Allah is unaware of what the wrongdoers do! He only delays them until a day when eyes will stare in horror.”

His Excellency Mr. President,

As is well known, universal values based on human rights, fundamental freedoms, and the rule of law are essential pillars of democracy. Accordingly, the protection of these values -through the establishment of independent courts and the provision of adequate legal frameworks and safeguards- is an absolute necessity for the preservation and strengthening of democratic systems.

In democratic societies, constitutional courts bear significant responsibility in safeguarding these values and maintaining social order. They are assigned highly significant duties in upholding democratic principles.

Constitutional courts, primarily entrusted with reviewing the constitutionality of legislative and executive acts, have been established to uphold the fundamental values, principles, and provisions enshrined in constitutions, as well as to serve the common purpose of sustaining both the individual and the state upon the foundation of justice.

In most democratic nations today, constitutional courts are entrusted with the task of conducting the constitutionality review of legal norms. In parallel, the institution of constitutional complaint, also known as individual application, has become an increasingly prominent feature of constitutional adjudication, enabling individuals to seek redress directly before constitutional courts in case of alleged violations of their fundamental rights.

In this sense, in Türkiye, having adopted the "European Model" of "centralised constitutionality review" or the "special court system" in the constitutionality review process, the Turkish Constitutional Court, established under the 1961 Constitution, has been functioning since 25 April 1962.

Considering the historical context of constitutional courts, it can be easily asserted that the Turkish Constitutional Court ranks among the oldest and most experienced tribunals in the world. It is the fourth constitutional court worldwide to have performed its duties without interruption.

Marking its 63^rd anniversary this year, the Turkish Constitutional Court has undertaken significant responsibilities in upholding the rule of law and reviewing the constitutionality of legal norms. Also through the introduction of the individual application mechanism in 2010, it continues to apply the universal principles of constitutional justice by safeguarding citizens' rights and freedoms. Our mission is to preserve the rule of law, fundamental rights and freedoms, and the principles of the constitutional state.

The constitutional amendments enacted in 2010 and 2017 significantly expanded the Turkish Constitutional Court’s jurisdiction and redefined its institutional framework by vesting it new and substantive powers.

The 2010 amendment, in particular, placed the Court as a primary guarantor of fundamental rights and freedoms while contributing to the Court’s institutional consolidation by further establishing its democratic legitimacy. These developments have significantly strengthened the Court’s capacity to function as a constitutional review body in pursuit of human rights and the democratic state under the rule of law. In this context, the introduction of individual application mechanism has also led to a notable shift in the Court's constitutionality review decisions, aligning them more closely with the principles of democratic rule of law and human rights.

Through its decisions, the Court raises the standard of freedom in Turkish law in line with universal norms. By ensuring that theoretical constitutional guarantees are effectively implemented in practice, it transforms the individuals’ relationship with the Constitution from an abstract concept into tangible reality. Facilitating the swift application of universal human rights standards at the national level, the Court lays the groundwork for the effective and rapid incorporation of international human rights norms into domestic law.

In this regard, I am pleased to emphasise that the introduction of the individual application mechanism has been one of the most paramount reforms in the history of Turkish law. This mechanism has enabled individuals claiming to be a victim of any violation of their fundamental rights and freedoms to seek redress before the Court. Consequently, the Turkish Constitutional Court has so far issued numerous landmark decisions on issues, including but not limited to the freedom of expression, the right to property, and the right to a fair trial, thereby making a substantial contribution to further strengthening the principle of the rule of law in the country².

As of 31 March 2025, the Court has received a total of 836 applications for constitutionality review, including 143 pending from the previous period, in the last three years. In 719 of these applications, 3,177 provisions were subject to constitutionality review. As of 1 April 2025, 830 provisions in 117 applications are still pending review.

By 31 March 2025, the Court has received a total of 666,627 individual applications since 23 September 2012, with 561,441, representing 85%, having been resolved. As of 31 March 2025, there remain 105,186 individual applications pending before the Court.

Since 23 September 2012, a total of 22,640 applications, excluding those concerning the right to a trial within a reasonable time, have been found to involve a violation of at least one of the applicant's fundamental rights or freedoms.

In reviewing cases within the scope of concrete constitutionality review, the Turkish Constitutional Court places utmost importance on concluding cases within five months of their submission, diligently adhering to the principle of “first come, first served”.

Pursuant to Article 68 of the Internal Regulations of the Court titled “Order of Examination of Applications”, individual applications are examined and resolved in the order in which they are received. However, the Constitutional Court may prioritise certain applications by adopting a different order of examination based on criteria it determines, considering the significance and urgency of the issues raised.

Indeed, the prioritisation criteria were established by the Plenary Decision no. 2015/7, dated 10 July 2015, and applications are examined in accordance with these criteria³. In addition to these guidelines, the Court continues to adhere to the principle of “first come, first served.”

The Court exercises utmost diligence to ensure that all decisions rendered by the Commissions, the Sections, and the Plenary are reasoned and duly notified to the relevant parties or published in the Official Gazette as soon as possible.

In conclusion, the Court remains committed to delivering its decisions guided by the voice of conscience within the bounds of the law and based on the principle of objective justice. It maintains this approach in its engagement with both individuals and institutions alike with the aim of reinforcing core values such as justice, the rule of law, and the protection of fundamental rights and freedoms in line with its mandate. In doing so, the Court seeks to respond to the sense of justice among citizens and institutions and to reinforce their confidence in the state and the legal order.

His Excellency Mr. President,

In addition to its role within the domestic legal system, the Turkish Constitutional Court takes an active role in the international legal arena through a range of initiatives in connection with these activities. In its capacity as an active member or observer in numerous international platforms including the Conference of European Constitutional Courts (CECC), the Association of Asian Constitutional Courts and Equivalent Institutions (AACC), the Balkan Constitutional Courts Forum, and the Conference of Constitutional Jurisdictions of Africa (CCJA), the Court actively continues to serve as both an organiser and a stakeholder in a wide range of events.

In addition to its engagement with organisations that unite members from diverse geographical and cultural backgrounds, the Court also assumes the term presidency of international bodies such as the Conference of Constitutional Jurisdictions of the Islamic World (CCJ-I) and the Conference of Constitutional Jurisdictions of the Turkic World (TÜRK-AY), both of which were established through the active initiatives of the Court as a founding institution. In this capacity, the Court shares its legal expertise and institutional experience with counterpart constitutional bodies in countries with which we share a common civilisation and cultural heritage.

In addition to these multilateral engagements, the Turkish Constitutional Court has also signed several Memoranda of Understanding with the supreme judicial bodies of various countries. In this context, we are honoured to sign new bilateral agreements today with the Supreme Constitutional Court of Egypt, the Federal Supreme Court of Iraq, and the Constitutional Court of Algeria. It is our sincere hope that these agreements will foster mutual benefit for our respective nations and constitutional courts.

The international engagements of the Turkish Constitutional Court, its active role within the global legal community, and the responsibilities it has assumed in this arena stand as a clear testament to its contribution and role in elevating the esteem of Turkish law within the international legal community.

His Excellency Mr. President,

With the aim of further advancing our judicial activities at both the national and international levels, it has become a tradition for us to organise seminars, conferences and similar events on various legal topics each year on the anniversary of the Court’s establishment. This year, the theme of the scientific event we are convening, with the participation of 102 representatives from 37 countries and 7 international institutions and organisations, has been designated as “The Future of Constitutional Justice in the 21^st Century.”

This theme offers a broad framework for multidimensional discussions on how constitutional justice may unfold in light of technological advancements, globalisation, individual rights, and democratic values. We believe that this symposium will provide a valuable platform for deliberations that will illuminate the future of constitutional justice.

One of the most significant transformations of our time will undoubtedly be the integration of artificial intelligence and big data analytics into judicial processes. The rapid development of digital technologies and artificial intelligence directly affects legal systems, judicial procedures, and the protection of individual rights.

In this regard, constitutional courts may benefit from AI-assisted legal systems to expedite decision-making processes, analyse their own case-law more effectively, and develop mechanisms that predict potential violation of rights.

The Turkish Constitutional Court is likewise conducting in-depth studies on the application of artificial intelligence within the field of legal practice. In the period ahead, it aims to advance in areas such as the digitalisation of constitutionality review, the development of AI-assisted legal analysis systems, and the prevention of rights violations through big data analytics.

As the Turkish Constitutional Court, we are firmly committed to aligning technological transformation with the fundamental principles of law. We remain mindful of our mission to establish a fair and principled balance at the intersection of law and technology, while upholding judicial independence, safeguarding human rights, and preserving democratic values.

His Excellency Mr. President, I extend my heartfelt gratitude to Your Excellency for the invaluable support you have provided to the Court in the fields of digitalisation and artificial intelligence. I also wish to express my deepest appreciation to the team at Baykar Technology for their technical guidance and contributions to our work in these areas, without seeking any compensation.

His Excellency Mr. President,

However, while artificial intelligence presents considerable opportunities, it is also a technology that raises serious legal concerns, particularly with regard to fundamental rights and freedoms, the right to a fair trial, and data security.

A key issue to be addressed in this context concerns the potential impact of AI-based systems on constitutional rights. In the course of time, matters such as the balance between liberty and security, the safeguarding of personal data, and algorithmic bias in judicial processes are likely to emerge as core challenges for constitutional justice.

In the first session of our symposium, we shall seek to explore the opportunities and potential risks brought about by digitalisation in constitutional justice, and to identify possible solutions in light of the universal principles of law.

His Excellency Mr. President,

The emerging challenges facing constitutional courts may be examined through the lens of technological transformation, individual rights, global trends in constitutional justice, and democratic change. The 21^st century has been marked by a surge in human rights violations and a deepening of global conflicts. Issues such as refugee crises, mass surveillance technologies, direct violations upon the right to life of individuals and nations, restrictions on freedom of expression, and ethnic and religious discrimination stand out as critical concerns that push the boundaries of international human rights law. In this context, questions regarding the effectiveness of various mechanisms -each endowed with distinct functions-such as the United Nations, the European Court of Human Rights, the International Criminal Court, and other regional human rights courts and mechanisms, deserve substantive discussion in relation to the aforementioned challenges.

The second session of our symposium, entitled “New Challenges and Opportunities in Constitutional Justice,” is expected to offer a valuable opportunity to reflect on how today’s human rights struggles ought to be addressed within the constitutional framework.

Ultimately, the future of constitutional justice will be shaped by the question of how the fundamental principles of law can be adapted to a rapidly changing world. At the same time, constitutional courts must continue to uphold individual rights and democratic values while following technological advancements and global constitutional trends.

In this vein, I would like to express my sincere gratitude to all former presidents, vice-presidents, members, rapporteur-judges, and administrative personnel who, since 1962, have served the Court with great dedication, made significant contributions to the institutionalisation of constitutionality review, and worked tirelessly in the defence of judicial independence, the rule of law, and the protection of individual rights.

May Allah have mercy on those who have passed away. I commemorate each of them with deep respect and gratitude. I would like to emphasise that the legacy they have left behind in the field of law shall always serve as a guiding light for us.

I would like to extend my sincerest wishes for the continued health, peace and long and fulfilling life to our esteemed retired members, rapporteur-judges, and all colleagues who are still with us.

His Excellency Mr. President,

First and foremost, I wish to convey my deepest gratitude to Your Excellency, and to the presidents and representatives of international judicial bodies from diverse corners of the world, who have graciously joined us on this momentous day; to the distinguished heads and members of delegations from various nations; to the honourable judges of the European Court of Human Rights; to our esteemed guests from Türkiye who have kindly responded to our invitation; and to all the distinguished scholars and professors who have contributed to the success of our symposium. I offer my heartfelt thanks to each and every one of you for your invaluable presence on this significant occasion.

Furthermore, I would like to express my profound appreciation to all the participants who have contributed to the realisation of this distinguished event, to the eminent speakers, and to all the legal professionals who have reinforced the sixty-three-year legacy of our Constitutional Court. It is my sincere hope that our symposium will serve as an influential and illuminating guide for the future of constitutional justice.

And as a final thought, let us reflect on the words:
When Justice and Truth stand side by side,
No task will falter, no step will slide;
When the Almighty’s gaze comes to call,
What happens to the deeds that failed the truth?

With these words, I extend my sincere greetings, filled with utmost respect, to all of you.

¹ The 42^nd verse of Surah Ibrahim.

² The individual application process, with 12 years of history, has become an institutionalised mechanism for addressing fundamental rights issues in the country. In this regard, we firmly believe that this mechanism, which has been integrated into the Turkish legal system with his Excellency's invaluable contribution, must be preserved in its current form, maintaining its full functionality, as a natural consequence of the shared conviction within the society regarding its absolute necessity.

³ These criteria have been updated, and it is currently in the process of being formalised as a 'Plenary Decision'. An updated set of criteria is expected to be adopted in the near future.