Decision of the Council of State on the 'Press Card Regulation'

Press Card Regulation Decision from the Council of State
Decision of the Council of State on the 'Press Card Regulation'

Presidency of Communications Directorate stated that the stay of execution decision regarding the Press Card Regulation given by the 10th Chamber of the Council of State was lifted by the Council of State Administrative Litigation Chambers.

The Council of State Council of Administrative Litigation Divisions found the objection of the Presidency of Communications justified in the lawsuit filed in the 21th Chamber of the Council of State for the cancellation of the amendments to the Press Card Regulation that entered into force after being published in the Official Gazette dated 2021 May 10.

Upon the objection of the Legal Counselor of the Presidency of Communications, the Board decided to revoke the stay of execution decision.

In the decision of the Council of State Administrative Litigation Chambers dated February 14, 2022 and numbered 2022/10, the claims of the plaintiffs were found unjustified and stated that “The press card is defined as the identity card given to the persons specified in the Regulation by the Presidency of Communications, and the press card of the media workers is a proof tool in the follow-up of social events. It was ruled that there is no provision in the legislation that the absence of a press card prevents the press workers from doing their jobs, therefore, the press card is related to freedom of the press, but not directly.

In the decision, it was emphasized that the Presidency Communications Directorate was assigned with the Presidential Decree No. 14 regarding the press card, and that the works in this field were carried out by the institution, and that the task of "issuing press cards for the members of the press-broadcasting organization, carrying out the secretariat activities of the Press Card Commission" is considered among the duties of the Directorate of Communications. .

In the decision, which also included the provision that the Presidency can make administrative arrangements on matters falling under its duties, powers and responsibilities, it was reminded that the task of "issuing press cards for members of press and broadcasting organizations", which was previously the task of the General Directorate of Press and Information, was assigned to the Presidency's Directorate of Communications.

In the decision, “The procedures and principles regarding the issuance of press cards, due to the authority of the administration to make arrangements, within the framework of the task of issuing press cards to the members of the press-broadcasting organization owned by the Presidency of Communications, pursuant to subparagraph (k) of paragraph 14 of Article 3 of the Presidential Decree No. 1. It has been clearly revealed that the authority to determine is also within the scope of the phrase 'regulation' in the aforementioned article, in other words, the subject is within the scope of the duty and authority of the Presidency.

Thus, it was decided that the objection of the Legal Counselor of the Presidency of Communications was accepted and the decision of the Press Card Regulation regarding the stay of execution of the said articles was repealed.

Accordingly, the said regulation will continue to be implemented as it was before the decision.

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