ABSTRACT

After the failed attempt of a Coup in July 15, 2016 series of dismissals were operated in application of the Decree lawNo.667 and Law No. 6749, where a large number of workers at public establishments were dismissed on grounds of affiliation or ties with incriminated groups and organisations FETÖ/PDY responsible of the failed attempt. The issue during this operation has been and still is, the need to guarantee the right of those dismissed to a fair trial, where the allegations of ties with the incriminated organisations should be based on tangible facts justifying the termination of employment on grounds of suspicion. Such has been the view of the Court of Cassation, requiring a full examination of the alleged facts justifying the dismissals. Accordingly, the Constitutional Court, referring to the Court of Cassation rulings, has adopted a view which guarantees the right to those dismissed to a fair trial, and requires the grounds of the dismissals to be set forth, examined and evaluated. Thus, the Constitutional Court in the three decisions examined C.A. 3 ; Emin Arda Büyük, and Berrin Baran Eker Applications – 2.7.2020 confirms the tendency of the Court of Cassation to establish its decisions taking into account the circumstances of each case