Head of Council of State stresses ‘impartial and independent justice’
“Judicial independence is the duty of the state, while its impartiality is the duty and responsibility of the judges. It is imperative that the judiciary be independent so that justice can be realized within the framework of its own institutions and rules away from any kind of influence, ruling and manipulation,” she said in her address on the 150th anniversary of the court.
The July 15 coup attempt has clearly demonstrated the importance of public servants’ obligation of loyalty to the state, Güngör stated.
The state has the right to discharge public officers if they fail to carry out this criteria, she said, addressing ruling cases of the European Court of Justice and the Venice Commission of the Council of Europe.
There should not be skepticism over whether the July 15 coup attempt trials will be carried out in line with the rule of law, universal law and international obligations, she stressed.
Güngör urged the government to consult the Council of State on further issues, primarily about law decrees, noting that the court would avoid political evaluations and would only consider and assess the subject matter in terms of compliance to law, service requirements and public interest.
“We believe that the use of the Council of State and further consultation will be in the public interest,” she stated.
“Administrative duties of the Council of State are melting more and more each and every day; statistics reveal this fact,” Güngör said, adding that the Conseil d’Etat of France has carried out 1,376 administrative evaluations in 2016, while Turkey’s court carried out 16 in the same year.
The head of the court also applauded the Turkish army’s military operations against terrorist groups in Syria and Iraq.