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Constitutional Court Ruling on Demonstrations and Marches on Highways
DECEMBER 2024
Overview of the Ruling
On November 18, 2020, the Constitutional Court annulled the provision in Article 22 of the Law on Meetings and Demonstrations, which stated, “…demonstrations and marches cannot be organized on intercity highways,” citing its inconsistency with Articles 13 and 34 of the Constitution.
The annulled provision was part of the following article:
- Article 22:
“Meetings cannot be held in general roads, parks, places of worship, public service buildings and facilities, or their annexes, and within one kilometer of the Grand National Assembly of Turkey.”
Constitutional Analysis
The Constitutional Court reviewed the matter upon the application of Manisa 1st Administrative Court, which argued that the provision created a conflict between freedom of movement and the right to organize demonstrations. The Court’s analysis emphasized:
- Balancing Freedoms:
The Court stated that the issue is not about prioritizing one freedom over the other but finding a reasonable balance between them. - Traffic Disruption vs. Freedom:
It ruled that the potential disruption to traffic caused by demonstrations does not justify a categorical ban on demonstrations on highways. It argued that such a prohibition disproportionately restricts the constitutional right to organize demonstrations.
The decision further noted:
- The location and route of a demonstration are often crucial for its effectiveness in reaching its intended audience.
- In a democratic society, individuals must be allowed to choose the location of their demonstrations unless there is a compelling reason to prohibit it.
Significance of the Decision
The annulment of the provision underscores that the absolute ban on demonstrations on highways prioritizes freedom of movement over the right to organize demonstrations, thus violating Article 34 of the Constitution.
- The ruling aims to establish a fair balance between the two freedoms, ensuring that neither is excessively restricted.
- The Court’s reasoning highlights the importance of proportionality in democratic societies when limiting constitutional freedoms.
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