OHAL KHK Ekli Listeleri Vasıtasıyla İhraç İşlemlerinin İdari ve Yargısal Denetimi Sorunu

The state of emergency in Turkey, which lasted for two years between 2016 and 2018, exceeded the limits of the constitutional status of the state of emergency in terms of the temporary nature of the emergency measures and the requirement that it should only applicable for the purpose for which the state of emergency was declared. 32 emergency decrees issued between 2016 and 2018 introduced both permanent regulations that extended beyond the duration of the state of emergency and regulations in areas that did not serve the purpose for which the state of emergency had been declared. In addition, individual measures were taken through emergency decrees. Direct regulations were imposed on individuals through the inclusion of persons in the attached lists of these emergency decrees; each individual was deprived of their civil, political and social rights through decrees with the force of law that imposed rules on them. This article focuses on the administrative and judicial review of these type of decrees which includes purge lists. The problem is analysed in three main aspects, after methodological and contextual determinations have been made for the examination of the state of emergency: Firstly, two atypical characteristics are tried to be determined in relation to the legal status of the emergency decrees. Secondly, the legal status of the Inquiry Commission on the State of Emergency Measures, which was also established by an emergency decree to review dismissals from public office based on the lists attached to the decrees is to be investigated. And lastly the judicial review of dismissals from public office by emergency decrees is scrutinized.