Amendment of the Constitutional Court Law

Law No. 8 of 2011 on the Amendment of Law No. 24 of 2003 on the Constitutional Court (“Law”) has been issued to adjust to public needs and civic practices.  The Law amends 18 articles, introduces 11 new articles, and deletes three articles of Law No. 24 of 2003 on the Constitutional Court (“Law 24/2003”).

Several key issues are introduced in the Law. First, requirements for constitutional court judge candidates were improved; second, the composition of the Constitutional Court Honorable Assembly was changed; and third, a limitation was placed on the Constitutional Court as a negative legislator.

In order to improve the quality of Constitutional Court Judges, the Law amends the requirements for judge candidates. Constitutional Court Judge candidates, pursuant to Article 15 (2) (b) must have a doctorate or masters degree, along with a law degree (bachelor). However, the Law does not give a clear provision regarding this issue. It can be interpreted that post-graduate degree from any academic field is permitted. Furthermore, the passage could also be interpreted that a person with an honorary degree such as a doctor honoris causa can apply for the position and become a Constitutional Judge.  Previously, under the Law 24/2003, candidates were only required to have a law degree (Bachelor degree level).