bilgin, ahmet burak istanbul üniversitesi - hukuk fakültesi - anayasa hukuku anabilim dalı, Turkey

The Issues Raised by the 2004 and 2010 Amendments within the context of the Status of International Agreements and the ECHR in Turkish Law, and Some Solutions

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The legal status and effect of international agreements in Turkish law has been widely discussed among scholars and courts for decades. These debates have generally focused on the specific question of rules of which legal order are given priority and supremacy in case of a potential conflict. However, both the related rule in the Constitution and notably the 2004 amendment on this rule which was made as a response to existing debates involve different issues to be solved in addition to the question of primacy and supremacy between both legal orders. The following are the issues that need to be solved within the ambit of Article 90 of the Constitution: National legislation’s being more favourable than international legislation, the rule’s being or not being directly applicable / effective, the question as to how to appeal the constitutional review mechanism for conflicting domestic rule before the Constitutional Court, the influence and value of the decisions of international courts, the applicability of a-priori review for international agreements, and the potential impact of the constitutional complaint procedure that was introduced in 2010. All these issues will be touched upon in this article.

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ECHR’s implication on domestic law , constitutional amendment of 2004 , a , priori review for international agreements , the role of the constitutional complaint procedure.

Hukuk Araştırmaları Dergisi

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