Rejection of appeals by HCJP: further remedies?

1) The council of state already decided on some judges’ cases. The council held that it has no jurisdiction over these cases on the basis of the fact that the dismissals are not the one regulated by the Law on Judges and Prosecutors, this one is ” extraordinary measure”. It ruled that the duty belongs to the Ankara Administrative Court. In the same holding, the council implied that these dismissals can not be challenged before the courts. So it is quite possible that the Ankara Court will also dismiss the cases due to inadmissibility set forth by the Council of State.

2) The law on Individual application before the Constitutional Court states that judicial review of individual applications shall not be made on matters prevented by the constitution. And article 59 of the constitution states that the decisions of the HSYK, other than dismissal from the profession, shall not be subject to judicial review.

Which means basically that if we characterize the dismissal as ” extraordinary measure”,as the state of council already did, not the one which shall be brought before the court, the constitutional court will refuse the cases because of inadmissiblity.

3)So there might be the possibility to apply to ECtHR directly without exhausting of domestic remedies. Having in mind the recent case ECtHR 56511/16 Zeynep MERCAN contre la Turquie it might be useful if the ECtHR’s attention on the altered situation would be called by amicus curiae briefs.

However – even it might be just a loss of time – one must advise the appellants to go first to the administrative court, and then if the court finds the cases inadmissible to appeal to the constitutional court and ECHR simultaneously.