The Turkish Cypriot Secondary Education Teachers' Union (KTOEÖS) and the Turkish Cypriot Teachers' Union (KTÖS) successfully challenged the "Amendment Regulation on Rules and Discipline Inside and Outside Secondary and High School Institutions," which the Cabinet had attempted to implement without parliamentary approval.
Court's Nuanced Decision
In a carefully calibrated ruling delivered by Constitutional Court President Bertan Özerdağ, the court determined that while the regulation did not violate constitutional principles of secularism, freedom of religion, or education rights, the Cabinet had exceeded its constitutional authority by attempting to regulate fundamental rights through executive decree rather than parliamentary legislation.
"The Cabinet does not have the authority to limit fundamental rights and freedoms through regulations," Özerdağ stated, emphasizing that such matters fall under parliament's exclusive legislative domain. The court ruled by majority vote that the regulation violated articles concerning sovereignty and the separation of powers.
Celebrations and Warnings
KTOEÖS President Selma Eylem celebrated the decision, thanking "all our people who took to the streets to protect our girls" and praising teachers who resisted despite pressure and threats. "This decision sends a message to those who claim to govern this country: If you produce decisions that ignore the law and constitution, you will find the people against you," she declared.
Lawyer Öncel Polili, representing the unions, accused the Cabinet of "not recognizing the TRNC Constitution" and attempting to "eliminate the constitutional order," vowing to continue the struggle "in the streets and in court if necessary."
Government Response and Future Plans
However, government supporters quickly noted that the court's decision was based on procedural grounds rather than substance. Erhan Arıklı, leader of the Rebirth Party (YDP), emphasized that the court ruled the Cabinet had exceeded its authority and that the matter should be regulated through law, not an executive decree.
"The government will make the necessary legal arrangements after the reasoning of the decision is published. We will absolutely prevent our children's right to education from being usurped," Arıklı stated, suggesting that those celebrating should "read the decision several times."
Opposition Remains Vigilant
Kudret Özersay, leader of the People's Party (HP), warned that the danger to secularism has not passed. "As long as this illegitimate government remains in office, attacks on secularism may continue, especially through legislation," he cautioned.
Özersay emphasized that while the current regulation is invalidated, the government could technically pass similar legislation through parliament. "At that point, what decision the court would make cannot be predicted now," he noted, calling for calm evaluation rather than "victory cries."
CTP parliamentarian Ürün Solyalı expressed hope that the government has learned its lesson about respecting constitutional procedures and parliamentary authority, emphasizing that protecting children from harm should remain the primary goal for everyone.
The decision temporarily resolves tensions in schools but sets the stage for potential parliamentary battles over religious expression in education, highlighting the ongoing struggle between secular and spiritual forces in Northern Cyprus's political landscape.
The internationally unrecognized "TRNC" was proclaimed in the northern territories of the Republic of Cyprus nine years after the invasion of the Turkish Armed Forces on the island. The invasion followed a bloody coup organized by the Greek junta and the Greek Cypriot extreme right.