Partial Cancellation by the Council of State in the Family Medicine Regulation: Stay of Execution on Contract and Disciplinary Articles
Ankara, Türkiye – Federation of Family Physicians (AHEF), 29 July 2023 He achieved a significant partial success in the lawsuit he filed in the Council of State against the Family Medicine Contract and Payment Regulation, which came into force on .. Council of state 2. Department, 29 May 2025 It decided to stay the execution of some critical articles of the regulation with its decision dated. this decision, It is considered as an important legal achievement in terms of job security and contract processes of family physicians..
Suspended Articles and Their Effects
The decision of the Council of State, especially the delegation of authority in the family medicine system, Some regulations regarding dismissal and contract termination processes are against the law.. Here are the main articles whose execution has been suspended::
* Contract Termination and Transfer of Authority with Governorate Authority: Regulation “Contracts, The governor is authorized to sign and terminate on behalf of the Ministry.. The governor may delegate this authority to the provincial health director.” the verdict was annulled. This article, restricts the authority of governorships or provincial health directors to unilaterally terminate the contracts of family physicians.
* Disciplinary Process and Penalty Conditions: The following two disciplinary grounds for the termination of the contracts of family physicians were also stopped by the Council of State.:
* 6284 Restraining order or detention issued within the scope of Law no., Absence from duty for more than eight weeks due to reasons such as detention.
* In integrated health services, regardless of whether he is excused or not, Failure to fulfill duty duty five times.
These decisions, will provide greater protection for family physicians against arbitrary disciplinary practices.
* Regulation on the Period of Suspension from Duty: Family physicians and family health professionals, “If there is a problem with his/her remaining on duty” suspended from duty for up to three months, A stay of execution decision was made only on the part of the regulation regarding the extension period, stating that this period can be extended for another three months for once.. this situation, Prevents suspension periods from being extended indefinitely.
Emphasis on Legal Struggle from AHEF
This decision of the Council of State, It is seen as an important step towards providing safer working conditions for family physicians.. Federation of Family Physicians (AHEF) officials, He stated that the decision is a great gain in terms of job security for family physicians.. AHEF, He also announced that their legal fight against the entire regulation will continue and that they will follow up the issue..
