The main opposition Republican People's Party (CHP) applied to the Constitutional Court on Monday for the second time for the annulment of several articles of a statutory decree issued by the cabinet, following the July 15 coup attempt by the Gülenist Terror Group (FETÖ). Their application comes amid a legality debate on whether it's possible for statutory decrees issued during the state of emergency to be appealed at the top court.

The Statutory Decree No. 669, which was issued on July 31, was concerned with the foundation of the National Defense University and the transfer of assets and cadres of former military schools to the newly formed body, along with changes in the legislation on the military structure and Ministry of National Defense. A list of military officers dismissed from the Turkish Armed Forces (TSK) due to complicity in the coup and FETÖ links was also added to the decree.

However, the government argues that the constitution clearly states in Article 148 that statutory decrees issued during the state of emergency cannot be appealed at the Constitutional Court.

Following the coup attempt, in which more than 240 civilians and police officers were killed, the cabinet declared a state of emergency on July 20, which was ratified by parliament on July 21 with 346 out of 550 deputies voting in favor.

During a state of emergency, the cabinet has the right to issue statutory decrees under the president of the republic without regard to routine procedures and restrictions in Article 91 of the Constitution. These decrees are first published in the Official Gazette and then submitted to parliament for ratification.

According to CHP's first appeal, statutory decrees issued during state of emergencies should be submitted to parliament and discussed within 30 days, but this procedure had not been fulfilled since parliament is currently closed.