Council of State blocks age limit change for pilot captains, citing concerns over legal certainty raised by Istanbul Technical University alumni.
The Council of State has issued a significant ruling regarding the working age of pilot captains, halting a regulation that aimed to lower the age limit to 60. This decision stems from a case filed by the Istanbul Technical University Maritime Faculty Alumni Association (DEFAMED).
The Regulation on Seafarers and Pilot Captains, published in the Official Gazette on August 29, 2024, by the Ministry of Transport and Infrastructure, sparked considerable debate within the maritime sector. DEFAMED initiated legal action to annul specific provisions of this regulation.
In its evaluation, the Council of State's Administrative Litigation Chambers issued a precedent-setting decision to suspend the execution of the article concerning pilot captains, who are among the most experienced professionals in the maritime industry.
The Council ruled that the regulation violated the principles of legal certainty and predictability. The justification for this decision emphasized that regulations should be foreseeable, allowing individuals to plan their professional lives and futures. The court noted that the open-ended discretionary authority granted to the administration could lead to arbitrary applications and cause irreparable harm.
As a result of this ruling, the administration's unilateral authority to retire experienced pilot captains at the age of 60 has been suspended.
In a press release, the Board of Directors of DEFAMED expressed their commitment to closely monitoring the situation. They highlighted the significance of the decision, stating, "The regulation subject to the suspension directly affected the working conditions, professional qualifications, and acquired rights of maritime professionals. This decision halts the implementation of the relevant article, preventing actions that could lead to irreversible consequences."
In the lawsuit filed by the association, objections were raised not only against the age limit but also against other provisions, such as the prohibition of seafarers from working at sea, the use of the term "seafarer," and certain qualification requirements. At this stage, the Council of State rejected the request for suspension of execution for other articles (e.g., Articles 62 and 66). However, the association reminded that the case regarding these articles is still under substantive review, and judicial oversight will continue.
The decision file includes dissenting opinions from some members regarding the other articles for which the request for suspension was rejected, providing important insights for the future stages of the case.
Notably, Article 62, which imposes a penalty of "prohibition from working at sea" on seafarers, was deemed unconstitutional by some dissenting members. They argued that such a penalty restricting the right to work could only be regulated by law, not by regulation, asserting that the administration exceeded its authority.
Similarly, Article 66, which outlines the conditions for becoming a pilot captain, was deemed unlawful by some members due to a lack of legal basis.
DEFAMED announced that they would continue to advocate for a fair legal framework that respects the labor and professional rights of all seafarers.
Source: www.denizhaber.com
