The Constitutional Court Decision on the Cancellation of the Presidential Decree Regarding Financial Consistency Committee Has Been Published

The Constitutional Court Decision dated 01.06.2022 and numbered 2021/85 E. 2022/60 K. (Decision) has been published in the Official Gazette dated 18.08.2022 and numbered 31927. With the Decision, the Presidential Decree dated 29.06.2021 and numbered 74 Regarding Price Stability Committee (Decree) is cancelled.

The Decree in question established the Price Stability Committee (Committee) in order to promote and maintain price stability permanently. Pursuant to the Decree, the Committee was authorized to monitor the risks threatening price stability, to determine the necessary measures and to take decisions to implement the prices set or directed by the public authorities in line with the objective of price stability.

In the Decision, the Constitutional Court determined that the Committee established by the Decree was a sui generis administrative unit within the central administration, which does not have a legal personality and is not included in the organization of the Presidency or any ministry. Drawing attention to Article 123 of the Constitution, which stipulates that the establishment of the administration and its duties and powers shall be regulated by law, the Constitutional Court concluded that the Committee was not included in the Presidential or any ministerial organization and therefore should be regulated by law rather than a presidential decree. Due to the stated reasons, the Constitutional Court ruled by majority for the cancellation of the Decree.