In particular, the MHP Chairman, who has been the President of the Constitutional Court (AYM) for three terms, Devlet Bahceli, full of harsh words Zühtü Arslan. The presidential election held on April 20th due to his resignation was won by the vice chairman, Kadir Özkaya, who received the votes of 9 out of 15 members. He is said to be close to the „power block“ at the Supreme Court, but also a TİP deputy, Kann Atalay. Özkaya’s name, who had voted for the suspension of the process and his release, was mentioned in the lobbying before the election as a „balancing element.“ Özkaya, a known name that the government did not want to „react“ to his election, was easily elected as president in the election with the votes of nine members, the majority of whom were represented within the „power block,“ in which the former Istanbul Prosecutor İrfan Fidan, whose name had long been mentioned for the presidency, „made no effort“ to run.
First President, elected from among the members appointed by Erdoğan
Özkaya, the new president of the Constitutional Court, is also the President of the Republic, Recep Tayyip Erdoğan. He was the first member to be elected leader from among the court-appointed names.
Özkaya, who worked as a civil servant at the General Directorate of Land Registry and Cadastre and as a controller at agricultural credit cooperatives, was appointed as a judge at the Council of State in 1993.
Özkaya, who was appointed as a rapporteur at the Constitutional Court in November 2004, was elected as a member of the Council of State by the Supreme Council of Judges and Prosecutors (HSK) in 2011 and continued this mission.
Known for his conservative identity, Özkaya was elected to the Supreme Court at a time when the profile of the Council of State changed with the increase in the number of members after the 2010 referendum.
On the other hand, during the time when names close to the Gülen community were being elected, it was recognized that he did not have a sect-community identity and that in his decisions he emphasized his democratic identity, although he was considered „conservative and close to the national view.“
In the 2011 Council of State election, where three candidates were to be determined for membership in the Constitutional Court, Özkaya also ran after the Gülen community made great efforts to elect the candidates it nominated. However, the three candidates with the most votes did not make it to the center.
In 2014, the atmosphere in the Council of State deteriorated due to the effects of the crisis of December 17/25, so Özkaya became one of the three names that received the most votes in the election for the Constitutional Court. Among these members, Erdoğan chose Özkaya as a member of the Constitutional Court.
He drew a government-friendly profile
During his membership in the Constitutional Court, Özkaya was one of those portrayed as part of the „power block“ and voted in critical documents in line with the government’s views. However, unlike other members of this block, there were sometimes critical cases where he acted together with the so-called „opposition block.“
While Özkaya acted with the ruling block in cases such as the Disinformation Law, known as the Censorship Regulation, and the Violation of Rights application by the Academics for Peace, the TİP deputy Can Atalay decided in his document in the same direction as the opposition block. Özkaya was also elected as the Vice President of the Constitutional Court in 2020 and March 2024. He ran for Vice President. Özkaya will serve as the leader until December 2026, then his twelve-year term will expire.
Arslan will bid farewell
In accordance with the Constitutional Court’s regulation, the election process must be initiated two months before the retirement of the President of the Constitutional Court. The process is carried out by the incumbent president whose term as president is ending. On the day designated by the chairman, a new chairman is elected for a period of four years by silent vote from among the members of the Constitutional Court and with the absolute majority of the total number of members.
On the election day, members are provided with same-colored and same-shaped papers listing the names of all members. The voting is done with papers resembling ballots bearing the court’s seal. All members except Arslan, whose twelve-year term is ending, can vote in the election. The person who receives the votes of at least 8 members of the 15-member court is elected chairman. The election continues until a member reaches this number of votes. Arslan also has the right to vote.
Fidan withdrew, Özkaya