The Constitutional Court (AYM) annulled the rule stipulating that the retirement and old-age pensions of people working in the Turkish Maarif Foundation, Yunus Emre Foundation, Turkish Red Crescent Association, Green Crescent Society, Green Crescent Foundation, Antalya Diplomatic Forum Foundation and Turkish Archeology and Cultural Heritage Foundation will not be cut.
The decision of the Supreme Court was published in the Official Gazette.
Accordingly, the Constitutional Court decided on the applications requested for the annulment of some rules of the Law No. 7346 on Amendments to Certain Laws, the Antalya Diplomatic Forum Foundation Law No. 7430 and the Turkish Archeology and Cultural Heritage Foundation Law No. 7439.
The Supreme Court annulled the rule stipulating that retiree or old-age pension recipients will not have their retirement and old-age pensions cut if they work in the Turkish Maarif Foundation, Yunus Emre Foundation, Turkish Red Crescent Association, Green Crescent Society, Green Crescent Foundation, Antalya Diplomatic Forum Foundation and Turkish Archeology and Cultural Heritage Foundation. .
In the decision, it was stated that in order to increase the employment of the young population in institutions and organizations, it is stipulated by law that people who are granted old-age or retirement pensions will not be able to benefit from these pensions during the period they work if they work in these institutions and organizations again.
In the decision, it was stated that the principle of equality in the context of the right to social security was violated because the differential treatment envisaged between employees in the organizations subject to the annulment lawsuit and employees in administrations, institutions or organizations operating in similar fields was not based on an objective and reasonable basis.
DETERMINATION OF FINANCIAL EXPENDITURES OF TWO FOUNDATIONS BY THE BOARD OF TRUSTEES CANCELED
The Constitutional Court also annulled the rule stipulating that the payments and allowances to be made by the Antalya Diplomatic Forum Foundation and the Turkish Archeology and Cultural Heritage Foundation should be determined by the board of trustees, finding it unconstitutional.
In the decision, it was stated that since the board of trustees could determine the amount of fees and allowances to be paid using public resources without being bound by any principles, it was understood that it was not guaranteed that the foundation would use public resources in accordance with the public interest.
The Supreme Court also annulled the regulation regarding the transfer of resources by the Gaziantep Metropolitan Municipality to the Turkish Archeology and Cultural Heritage Foundation to be used for the expenses of the Turkish Archeology and Cultural Heritage Institute, on the grounds that it was incompatible with the principle of financial autonomy of local governments.