ANKARA - As the EU adjustment package went into force, there has been no legal basis left in the closure case filed against AK Party.
According to the amendments brought by the package on the Political Parties Act, the Chief Prosecutor of the Supreme Court of Appeals can't file a closure case against the party which does not fulfill the requirements of the warning. Instead of that the prosecutor can file a suit at the Constitutional Court requesting the Court to partially and fullly cut the state aid to that party. Acccording to a different amendment made in the same act, it will be sufficent for a person to be member of a party, rather than having the eligibility to be elected as a deputy, to become a founding member of the party. The package also annuled the provision of the Political Parties Act which said that those who were earlier convicted under 312 of Turkish Penal Code can't become members of political parties. Only those persons who were convicted of terrorist crimes can't join political parties according to the new regulation. The package also lifted the provision of the Law on Election of Deputies saying that those who were earlier convicted under 312 of Turkish Penal Code can't join the parliament. Again, those who were earlier convicted of terrorist crimes can't become the members of the parliament.
Therefore there is no legal basis left in the closure case filed against the AK Party. Some jurists commented that the warning given to AK Party does not have legal basis anymore, adding that the closure case filed at the Constitutional Court can be dismissed.
The Constitutional Court is expected to give a decision about the closure case and request of precaution in line with the new regulations soon.