New Regulation on Reinstatement Decisions: Final Judgment Requirement on TBMM Agenda

A new draft law submitted to the Turkish Parliament (TBMM) has brought a significant regulatory change concerning the security bureaucracy. The proposal introduces a new mandatory stage in reinstatement processes for personnel dismissed over alleged connections or affiliations with terrorist organizations.

According to information shared by Mustafa Özkan, reinstatement decisions issued in cases involving personnel from the Ministry of National Defense (MSB), Gendarmerie General Command, Coast Guard Command, Police Department, and the National Intelligence Organization (MİT) will no longer be implemented before becoming legally final.

Under the current system, reinstatement decisions issued by first-instance courts or appellate courts could be executed immediately by the administration without waiting for the decision to become final. If the new regulation is approved, returning to duty will require the full completion of the judicial process and the finalization of the court decision.

The justification of the proposal emphasizes the need to prevent potential security risks in critical fields such as defense, intelligence, and law enforcement, as well as to ensure administrative stability. The government argues that reinstating personnel based on non-final judicial decisions may pose risks in these sensitive sectors.

The draft also states that personnel who are reinstated after the final court decision will receive all retroactive salary, financial, and personal rights. This is intended to ensure that no loss of rights occurs during the legal process.

Under the current practice, annulment and reinstatement decisions issued by administrative courts must be implemented by the administration within 30 days without delay after being officially served, in accordance with Article 28 of the Administrative Procedure Law (İYUK). Failure by the administration to comply within this period constitutes an unlawful act and may give rise to legal liability. In practice, especially reinstatement decisions issued by first-instance courts or appellate courts are often enforced by the administration within this 30-day period, without waiting for the decision to become final.