Court of Cassation 3rd Criminal Chamber non-compliance decision
Court of Cassation 3rd Criminal Chamber · Nov 8, 2023
contestedconstitutional response issuedIn effect
Decision summary
The chamber decided not to comply with the Constitutional Court judgment and to file a criminal complaint against Constitutional Court members.
Outcome: Atalay was not released, creating an open crisis between constitutional and ordinary criminal adjudication.
Legal effect: The decision raised a central public-law question about the binding force of Constitutional Court individual-application judgments.