Translated by Zeynep Yanasmayan and Canan Pour-Norouz
On 21st of January, the Turkish parliament approved a constitutional amendment that will, pending the public referendum to be held in spring of this year, introduce major changes to the current parliamentary system and empower the President of the Republic as head of the executive. In order to provide the full extent of these changes to the international followers of current affairs in Turkey, we prepared a comparative table of all of the amendments in English. This translation is based on the amendment proposals as published by the Turkish Bar Association.
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IX. Judicial power ARTICLE 9- Judicial power shall be exercised by independent courts on behalf of the Turkish Nation. |
IX. Judicial power ARTICLE 9- Judicial power shall be exercised by independent and impartial courts on behalf of the Turkish Nation. |
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PART THREE Fundamental Organs of the Republic CHAPTER ONE Legislative Power I. The Grand National Assembly of Turkey A. Composition ARTICLE 75- (As amended on May 17, 1987; Act No. 3361, and on July 23, 1995; Act No. 4121) The Grand National Assembly of Turkey shall be composed of five hundred and fifty deputies elected by universal suffrage. |
PART THREE Fundamental Organs of the Republic CHAPTER ONE Legislative Power I. The Grand National Assembly of Turkey A. Composition ARTICLE 75- (As amended on May 17, 1987; Act No. 3361, and on July 23, 1995; Act No. 4121) The Grand National Assembly of Turkey shall be composed of six hundred deputies elected by universal suffrage. |
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B. Eligibility to be a deputy ARTICLE 76- (As amended on October 13, 2006; Act No. 5551) Every Turk over the age of twenty-five is eligible to be a deputy. (As amended on December 27, 2002; Act No. 4777) Persons who have not completed primary education, who have been deprived of legal capacity, who have not performed compulsory military service, who are banned from public service, who have been sentenced to a prison term totalling one year or more excluding involuntary offences, or to a heavy imprisonment; those who have been convicted for dishonourable offences such as embezzlement, corruption, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy; and persons convicted of smuggling, conspiracy in official bidding or purchasing, of offences related to the disclosure of state secrets, of involvement in acts of terrorism, or incitement and encouragement of such activities, shall not be elected as a deputy, even if they have been granted amnesty. Judges and prosecutors, members of the higher judicial organs, lecturers at institutions of higher education, members of the Council of Higher Education, employees of public institutions and agencies who have the status of civil servants, other public employees not regarded as labourers on account of the duties they perform, and members of the armed forces shall not stand for election or be eligible to be a deputy unless they resign from office. |
B. Eligibility to be a deputy ARTICLE 76- (As amended on October 13, 2006; Act No. 5551) Every Turk over the age of eighteen is eligible to be a deputy. (As amended on December 27, 2002; Act No. 4777) Persons who have not completed primary education, who have been deprived of legal capacity, who have ties to military service, who are banned from public service, who have been sentenced to a prison term totalling one year or more excluding involuntary offences, or to a heavy imprisonment; those who have been convicted for dishonourable offences such as embezzlement, corruption, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy; and persons convicted of smuggling, conspiracy in official bidding or purchasing, of offences related to the disclosure of state secrets, of involvement in acts of terrorism, or incitement and encouragement of such activities, shall not be elected as a deputy, even if they have been granted amnesty. Judges and prosecutors, members of the higher judicial organs, lecturers at institutions of higher education, members of the Council of Higher Education, employees of public institutions and agencies who have the status of civil servants, other public employees not regarded as labourers on account of the duties they perform, and members of the armed forces shall not stand for election or be eligible to be a deputy unless they resign from office. |
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C. Election term of the Grand National Assembly of Turkey ARTICLE 77- (As amended on October 21, 2007; Act No. 5678) Elections for the Grand National Assembly of Turkey shall be held every four years. The Assembly may decide to hold a new election before the termination of this period, or elections shall be renewed according to the decision taken by the President of the Republic, under the conditions set forth in the Constitution. A deputy whose term of office expires is eligible for re-election. In the event of a decision to hold new elections, the powers of the Assembly shall continue until the election of a new Assembly. |
C. Election term of the Grand National Assembly of Turkey and of the President of the Republic ARTICLE 77- (As amended on October 21, 2007; Act No. 5678) Elections for the Grand National Assembly of Turkey and for the President of the Republic shall be held on the same day every five years. A deputy whose term of office expires is eligible for re-election. If the required majority is not reached in the first ballot of the presidential election, a second ballot shall be held according to the procedure in Article 101. |
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II. Duties and powers of the Grand National Assembly of Turkey A. General ARTICLE 87- (As amended on October 3, 2001; Act No. 4709, and on May 7, 2004; Act No. 5170) The duties and powers of the Grand National Assembly of Turkey are to enact, amend, and repeal laws; to scrutinize the Council of Ministers and the ministers; to authorize the Council of Ministers; to issue decrees having the force of law on certain matters; to debate and adopt the budget bills and final accounts bills; to decide to issue currency and declare war; to approve the ratification of international treaties, to decide with the majority of three-fifths of the Grand National Assembly of Turkey to proclaim amnesty and pardon; and to exercise the powers and carry out the duties envisaged in the other articles of the Constitution. |
II. Duties and powers of the Grand National Assembly of Turkey A. General ARTICLE 87- (As amended on October 3, 2001; Act No. 4709, and on May 7, 2004; Act No. 5170) The duties and powers of the Grand National Assembly of Turkey are to enact, amend, and repeal laws; to debate and adopt proposals of budget bills and final accounts; to decide to issue currency and declare war; to approve the ratification of international treaties, to decide with the majority of three-fifths of the Grand National Assembly of Turkey to proclaim amnesty and pardon; and to exercise the powers and carry out the duties envisaged in the other articles of the Constitution. |
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C. Promulgation of laws by the President of the Republic ARTICLE 89- (3) If the Grand National Assembly of Turkey adopts the law sent back for reconsideration without any amendment, the law shall be promulgated by the President of the Republic; if the Assembly makes a new amendment to the law, the President of the Republic may send the amended law back for reconsideration. |
C. Promulgation of laws by the President of the Republic ARTICLE 89- (3) If the Grand National Assembly of Turkey adopts the law sent back for reconsideration with an absolute majority of the total number of members without any amendment, the law shall be promulgated by the President of the Republic; if the Assembly makes a new amendment to the law, the President of the Republic may send back the amended law for reconsideration. |
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III. Provisions relating to the activities of the Grand National Assembly of Turkey A. Convening and recess ARTICLE 93- (As amended on July 23, 1995; Act No. 4121) (2) The Assembly may be in recess for a maximum of three months in a legislative year; during adjournment or recess it may be summoned by the President of the Republic either on his own initiative or at the request of the Council of Ministers. |
III. Provisions relating to the activities of the Grand National Assembly of Turkey A. Convening and recess ARTICLE 93- (As amended on July 23, 1995; Act No. 4121) (2) The Assembly may be in recess for a maximum of three months in a legislative year; during adjournment or recess it may be summoned by the President of the Republic. |
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IV. Ways of obtaining information and supervision by the Grand National Assembly of Turkey A. General ARTICLE 98- The Grand National Assembly of Turkey shall exercise its supervisory power by means of question, parliamentary inquiry, general debate, censure and parliamentary investigations. A question is a request for information addressed to the Prime Minister or ministers to be answered orally or in writing on behalf of the Council of Ministers. A parliamentary inquiry is an examination conducted to obtain information on a specific subject. A general debate is the consideration of a specific subject relating to the community and the activities of the State at the Plenary of the Grand National Assembly of Turkey. The form of presentation, content, and scope of the motions concerning question, parliamentary inquiry and general debate, and the procedures for answering, debating and inquiring them, shall be regulated by the Rules of Procedure. |
ARTICLE 98- The Grand National Assembly of Turkey shall exercise its supervisory power and its power to acquire information by means of parliamentary inquiry, general debate, parliamentary investigations and written question. A parliamentary inquiry is an examination conducted to obtain information on a specific subject. A general debate is the consideration of a specific subject relating to the community and the activities of the State at the Plenary of the Grand National Assembly of Turkey. A parliamentary investigation consists of an investigation done about the Vice President and ministers in accordance with the fifth, sixth, and seventh paragraph of Article 106. Written question: consists of a question asked by deputies to be answered in writing by Vice Presidents and ministers within fifteen days at the latest. The form of presentation, content, and scope of the motions concerning parliamentary inquiry, general debate and written question, and the methods for inquiry. |
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CHAPTER TWO The Executive Power I. President of the Republic A. Qualifications and impartiality ARTICLE 101- (As amended on October 21, 2007; Act No. 5678) The President of the Republic shall be elected by the public from among the members of the Grand National Assembly of Turkey who are over forty years of age and have completed higher education, or from among Turkish citizens who fulfil these requirements and are eligible to be deputies. The President of the Republic’s term of office shall be five years. A person may be elected as President of the Republic for two terms at most. Nomination of a candidate for the Presidency from among the members of the Grand National Assembly of Turkey or from outside of the Assembly shall require a written proposal of twenty deputies. Furthermore, political parties with more than ten percent of the valid votes in sum in the latest parliamentary elections may nominate a joint candidate. If the President-elect is a member of a party, his/her relationship with his party shall be severed and his/her membership of the Grand National Assembly of Turkey shall cease. |
CHAPTER TWO The Executive Power I. President of the Republic A. Nomination and election ARTICLE 101- The President of the Republic shall be elected directly by the public from among Turkish citizens who are over forty years of age, have completed higher education, and are eligible to be deputies. The President of the Republic’s term of office shall be five years. A person may be elected as President of the Republic for two terms at most. Political party groups in the parliament, political parties that have together or individually have gained at least five per cent of the total valid votes cast in the latest parliamentary elections and at least hundred thousand voters may nominate a candidate for presidency. The President-elect shall cease to be member of the Grand National Assembly of Turkey. In presidential elections conducted by universal suffrage, the candidate who receives the absolute majority of the valid votes shall be elected President of the Republic. In case of failure to reach absolute majority in the first ballot, the second ballot shall be held on the second Sunday following this ballot. The two candidates who have received the greatest number of votes in the first ballot run for the second ballot. The candidate who receives the majority of the valid votes shall be elected President of the Republic. In case one of the two candidates entitled to run for the second ballot cannot participate for any reason, the vacant candidacy shall be substituted in conformity with the ranking in the first ballot. If there is only one candidate left for the second ballot, this ballot shall take the form of referendum. The candidate shall be elected President of the Republic if he/she receives the absolute majority of the valid votes. If the candidate cannot obtain the majority of the valid votes, only the elections for Presidency shall be renewed. If the elections cannot be completed, the incumbent President of the Republic continues to remain in office until the President-elect takes the office. Other procedures and principles regarding the presidential elections shall be regulated by law. |
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D. Duties and powers ARTICLE 104- The President of the Republic is the head of the State. In this capacity, he/she shall represent the Republic of Turkey and the unity of the Turkish Nation; he/she shall ensure the implementation of the Constitution, and the regular and harmonious functioning of the organs of the State. To this end, the duties he/she shall perform, and the powers he/she shall exercise, in accordance with the conditions stipulated in the relevant articles of the Constitution are as follows: a) Those relating to legislation: To deliver, if he/she deems it necessary, the opening speech of the Grand National Assembly of Turkey on the first day of the legislative year, To summon the Grand National Assembly of Turkey, when necessary, To promulgate laws, To send laws back to the Grand National Assembly of Turkey to be reconsidered, To submit to referendum, if he/she deems it necessary, laws regarding amendment to the Constitution. To appeal to the Constitutional Court for the annulment part of whole or certain provisions of laws, decrees having the force of law and the Rules of Procedure of the Grand National Assembly of Turkey on the grounds that they are unconstitutional in form or in content, To decide to renew elections for the Grand National Assembly of Turkey. b) Those relating the executive: To appoint the Prime Minister and to accept his/her resignation, To appoint and dismiss ministers on the proposal of the Prime Minister, To preside over the Council of Ministers or to call the Council of Ministers to meet under his/her chairpersonship whenever he/she deems it necessary, To accredit representatives of the Turkish State to foreign states and to receive the representatives of foreign states appointed to the Republic of Turkey, To ratify and promulgate international treaties, To represent the Office of Commander-in-Chief of the Turkish Armed Forces on behalf of the Grand National Assembly of Turkey, To decide on the use of the Turkish Armed Forces, To appoint the Chief of the General Staff, To call the National Security Council to meet, To preside over the National Security Council, To proclaim martial law or state of emergency, and to issue decrees having the force of law, by the decisions of the Council of Ministers under his/her chairpersonship, To sign decrees, To remit or commute the sentences imposed on certain individuals, on grounds of chronic illness, disability or old age, To appoint the members and the chairperson of the State Supervisory Council, To instruct the State Supervisory Council to carry out inquiries, investigations and inspections, To appoint the members of the Council of Higher Education, To appoint president of universities. c) Those relating to the judiciary: To appoint the members of the Constitutional Court, one-fourth of the members of the Council of State, the Chief Public Prosecutor and the Deputy Chief Public Prosecutor of the High Court of Appeals, the members of the High Military Court of Appeals, the members of High Military Administrative Court and the members of the High Council of Judges and Prosecutors. The President of the Republic shall also exercise powers of election and appointment, and perform the other duties conferred on him/her by the Constitution and laws. |
D. Duties and powers ARTICLE 104- The President of the Republic is the head of the State. The executive authority belongs to the President. The President, in his/her capacity as the Head of State, shall represent the Republic of Turkey and the unity of the Turkish Nation; shall ensure the implementation of the Constitution, and the regular and harmonious functioning of the organs of the State. If he/she deems it necessary, he/she delivers the opening speech of the Grand National Assembly of Turkey on the first day of the legislative year. He/she sends messages to the Assembly about the domestic and foreign policy of the country. He/she promulgates laws. He/she sends laws back to the Grand National Assembly of Turkey to be reconsidered. He/she appeals to the Constitutional Court for the annulment of the whole or certain provisions of laws and the Rules of Procedure of the Grand National Assembly of Turkey on the grounds that they are unconstitutional in form or in content. He/she appoints and dismisses the vice presidents and the ministers. He/she appoints and dismisses high level public executives. He/she appoints and dismisses senior public executives, regulates the principles and procedures of their appointment through presidential decree. He/she accredits representatives of the Turkish State to foreign states and receives the representatives of foreign states appointed to the Republic of Turkey. He/she ratifies and promulgates international treaties. If he/she deems is necessary, he/she submits laws on constitutional amendment to referendum. He/she determines national security policies and takes the necessary measures. He/she represents the Office of Commander-in-Chief of the Turkish Armed Forces. He/she decides on the use of the Turkish Armed Forces. He/she remits or commutes the sentences imposed on certain individuals, on grounds of chronic illness, disability or old age. On behalf of the Grand National Assembly of Turkey, the President of the Republic may in its exercise of executive authority issue presidential decrees. General provisions and rights and duties of the individual included in the first and second chapters of the second part of the constitution as well as the political rights and duties listed in the the fourth chapter cannot be regulated by presidential decrees. Presidential decrees shall not be issued on matters that are stipulated in the Constitution to be regulated exclusively by laws. Presidential decrees shall not be issued on matters that are regulated exclusively by laws. In case of conflict between the provisions of laws and presidential decrees, the provisions of laws shall be applied. If the Grand National Assembly of Turkey legislates on the same issue, the presidential decree shall become null and void. The President may issue by-laws in order to ensure the implementation of laws, on the condition that they are not contrary to the laws. Decrees and by-laws, unless a later date after the publication is indicated, shall come into force on the day of their publication in the Official Gazette. The President of the Republic shall also exercise powers of election and appointment, and perform the other duties conferred on him/her by the Constitution and laws. |
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E. Presidential accountability and non-accountability ARTICLE 105- All presidential decrees, except those which the President of the Republic is empowered to enact individually without the signatures of the Prime Minister and the minister concerned in accordance with the provisions of the Constitution and other laws, shall be signed by the Prime Minister and the ministers concerned; the Prime Minister and the minister concerned shall be accountable for these decrees. No appeal shall be made to any judicial authority, including the Constitutional Court, against the decisions and orders signed by the President of the Republic on his/her own initiative. The President of the Republic may be impeached for high treason on the proposal of at least one-third of the total number of members of the Grand National Assembly of Turkey, and by the decision of at least three-fourths of the total number of members. |
E. President’s criminal liability ARTICLE 105- The Grand National Assembly of Turkey, upon the proposal of the absolute majority of the total number of members may launch an investigation on the President for who is alleged to have committed an offence. The Assembly shall discuss the proposal within one month at the latest and may decide to launch an investigation with at least three-fifths majority of the total number of members, by secret ballot. If a decision to launch an investigation is made, the investigation shall be conducted by a committee of fifteen members, chosen by lot, for each political party in the Assembly, separately from among three times candidates nominated for each seat reserved to party groups in proportion to their strength. The committee shall submit its report on the result of the investigation to the Presidency of the Assembly within two months. If the investigation is not completed within the time allotted, the committee shall be granted a further and final period of one month. From the moment of submission of the report to the Presidency, it shall be distributed to the members within ten days, and debated within ten days after its distribution in the General Assembly. The Grand National Assembly of Turkey may take a decision to refer to the Supreme Court with two-thirds majority of the total number of members by secret ballot. The Supreme Court trial shall be completed within three months, if it is not completed within the time alloted, for one time only an extra period of three months shall be granted. The trial shall be finalized in this period. The President of the Republic who is under investigation shall not decide to renew elections. The President of the Republic who is convicted by the Supreme Court for an offence that impedes his/her eligibility shall be dismissed. This article shall also apply after his/her term to the offences that the President of the Republic alleged to have committed during his/her term. |
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F. Acting for the President of the Republic ARTICLE 106- In the event of a temporary absence of the President of the Republic on account of illness, travel abroad or similar circumstances, until the President of the Republic resumes his/her functions, and in the event that the Presidency falls vacant as a result of death or resignation or for any other reason, until the election of a new President of the Republic, the Speaker of the Grand National Assembly of Turkey shall serve as Acting President of the Republic and exercise the powers of the President of the Republic. |
F. Vice Presidents, Acting for the President and Ministers ARTICLE 106- The President of the Republic, after his or her election, may appoint one or more Vice Presidents. In the event that the Presidency falls vacant for any reason, new elections shall be held within forty five days. Until the election of a new President of the Republic, the Vice President shall serve as Acting President of the Republic and exercise the powers of the President of the Republic. If general elections are foreseen in a period of maximum one year, the elections to the Grand National Assembly of Turkey and to the Presidency of the Republic shall be together renewed. If general elections are foreseen in a period exceeding one year, the President of the Republic shall remain in office until the date of elections. This remaining period shall not be counted as part of the term for the President of the Republic. On the day of the elections to the Grand National Assembly of Turkey, both elections shall be held together. In the event of a temporary absence of the President of the Republic on account of illness, travel abroad or similar circumstances, the Vice President shall serve as Acting President of the Republic and exercise the powers of the President of the Republic. Vice Presidents and Ministers shall be appointed by the President of the Republic among people who are eligible to be deputies and shall be dismissed by the President of the Republic. Vice Presidents and Ministers shall take take their oaths before the Grand National Assembly of Turkey, as written in Article 81. The members of the Grand National Assembly of Turkey who are appointed as Vice Presidents and Ministers shall cease to be deputies. Vice Presidents and Ministers shall be responsible to the President of the Republic. Vice Presidents and Ministers may be impeached on the proposal of the absolute majority of the total number of members of the Grand National Assembly of Turkey. The assembly shall discuss the proposal at the latest within one month and may decide to launch an investigation with at least three-fifths majority of the total number of members, by secret ballot. If a decision to launch an investigation is made, the investigation shall be conducted by a committee of fifteen members, chosen by lot, for each political party in the Assembly, separately from among three times candidates nominated for each seat reserved to party groups in proportion to their strength. The committee shall submit its report on the result of the investigation to the Presidency of the Assembly within two months. If the investigation is not completed within the time allotted, the committee shall be granted a further and final period of one month. From the moment of submission of the report to the Presidency, it shall be distributed to the members within ten days, and debated within ten days after its distribution in the General Assembly. The Grand National Assembly of Turkey may take a decision to refer to the Supreme Court with two-thirds majority of the total number of members by secret ballot. The Supreme Court trial shall be completed within three months, if it is not completed within the time alloted, only once an extra period of three months shall be granted. The trial shall be finalized in this period. To those persons who are impeached for offences related to their duties and committed during their term of office, clauses 5, 6 and 7 shall be applied after their term of office. The Vice Presidents and Ministers who are convicted by the Supreme Court for an offence that impedes their eligibility shall be dismissed. Vice Presidents and Ministers shall enjoy parliamentary immunity on offences that are not related to their duties.
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H. Renewal of elections to the Grand National Assembly of Turkey by the President of the Republic ARTICLE 116- In cases where the Council of Ministers fails to receive a vote of confidence under Article 110 or falls by a vote of no-confidence under Article 99 or 111, if a new Council of Ministers cannot be formed within forty-five days or fails to receive a vote of confidence, the President of the Republic, in consultation with the Speaker of the Grand National Assembly of Turkey, may decide to renew the elections. If a new Council of Ministers cannot be formed within forty-five days of the resignation of the Prime Minister without being defeated by a vote of no-confidence or also within forty-five days of elections for the Bureau of the newly elected Grand National Assembly of Turkey, the President of the Republic may likewise, in consultation with the Speaker of the Grand National Assembly of Turkey, decide to renew the elections. The decision on the renewal of elections shall be published in the Official Gazette and the election shall be held. |
H. Renewal of elections to the Grand National Assembly of Turkey and for the President of the Republic ARTICLE 116- The Grand National Assembly of Turkey may decide by three-fifths majority of the total number of members of the Assembly to renew elections. In this case, the elections to the Grand National Assembly of Turkey and for the President of the Republic shall be held together. In case of a renewal decision taken by the President of the Republic, the elections to the Grand National Assembly of Turkey and for the President of the Republic shall be held together. If during the second term of the President, the Assembly decides to renew the elections, the President may once again become candidate. The powers of the Assembly and the President continue until the renewed elections of these bodies. The terms of the Assembly and the President that are elected this way shall also be five years. |
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III. Extraordinary administration procedures A. States of emergency 1. Declaration of state of emergency because of natural disaster or serious economic crisis ARTICLE 119- In the event of natural disaster, dangerous epidemic diseases or a serious economic crisis, the Council of Ministers meeting under the chairpersonship of the President of the Republic may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months. |
III. Administration of States of Emergency ARTICLE 119- In the event of war, the emergence of a situation necessitating war, an uprising, or the spread of violent and strong rebellious actions against the motherland and the Republic, or widespread acts of violence of internal or external origin threatening the indivisibility of the country and the nation, the emergence of widespread acts of violence aimed at the destruction of the order established by the Constitution or of fundamental rights and freedoms, serious deterioration of public order, natural disaster, dangerous epidemic diseases or a serious economic crisis, the President of the Republic may declare a state of emergency in one region or throughout the country for a period not exceeding six months. The decision of the declaration of a state of emergency shall be published in the Official Gazette, and shall be immediately submitted to the Grand National Assembly of Turkey for approval on the same day. If the Grand National Assembly of Turkey is not in session, it shall be immediately assembled. The Assembly may, if it deems necessary, reduce or extend the duration of the state of emergency. At the request of the President, the Assembly may extend the period for a maximum of four months each time. In the event of state of war, the limit of four months does not apply. The financial, material and labour obligations which are to be imposed on citizens in the event of the declaration of state of emergency and the manner in which fundamental rights and freedoms shall be restricted or suspended in line with the principles of Article 15, the provisions to be applied and the conduct of affairs shall be regulated by law. During the state of emergency, the President of the Republic, may issue presidential decrees on matters necessitated by the state of emergency, without being subject to the limitations stated in the second phrase of the paragraph seventeen of Article 104. These decrees having the force of law shall be published in the Official Gazette, and shall be submitted for approval to the Grand National Assembly of Turkey on the same day. With the exception of event of war and compelling reasons which would prevent convening, the Grand National Assembly of Turkey shall debate and decide on the presidential decrees issued during the state of emergency within one month. Otherwise, presidential decrees issued during the state of emergency shall automatically lapse. |
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E. Formation of courts ARTICLE 142- The formation, duties and powers, functioning and trial procedures of the courts shall be regulated by law. |
E. Formation of courts ARTICLE 142– The formation, duties and powers, functioning and trial procedures of the courts shall be regulated by law. Except for disciplinary courts, martial courts shall not be established. In state of war, martial courts may be established to judge offences committed by military personnel related to military duties. |
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II. Higher courts A. Constitutional Court 1. Formation ARTICLE 146 – (As amended on September 12, 2010; Act No. 5982) The Constitutional Court shall be composed of seventeen members. The Grand National Assembly of Turkey shall elect, by secret ballot, two members from among three candidates to be nominated by and from among the president and members of the Court of Accounts, for each vacant position, and one member from among three candidates nominated by the heads of the bar associations from among self-employed lawyers. In this election to be held in the Grand National Assembly of Turkey, for each vacant position, two thirds majority of the total number of members shall be required for the first ballot, and absolute majority of total number of members shall be required for the second ballot. If an absolute majority cannot be obtained in the second ballot, a third ballot shall be held between the two candidates who have received the greatest number of votes in the second ballot; the member who receives the greatest number of votes in the third ballot shall be elected. The President of the Republic shall appoint three members from High Court of Appeals, two members from Council of State, one member from the High Military Court of Appeals, and one member from the High Military Administrative Court from among three candidates to be nominated, for each vacant position, by their respective general assemblies, from among their presidents and members; three members, at least two of whom being law graduates, from among three candidates to be nominated for each vacant position by the Council of Higher Education from among members of the teaching staff who are not members of the Council, in the fields of law, economics and political sciences; four members from among high level executives, self-employed lawyers, first category judges and public prosecutors or rapporteurs of the Constitutional Court. In the elections to be held in the respective general assemblies of the High Court of Appeals, Council of State, High Military Court of Appeals, High Military Administrative Court, the Court of Accounts and the Council of Higher Education for nominating candidates for membership of the Constitutional Court, three persons obtaining the greatest number of votes shall be considered to be nominated for each vacant position. In the elections to be held for the three candidates nominated by the heads of bar associations from among self-employed lawyers, three persons obtaining the greatest number of votes shall be considered to be nominated (…). |
II. Higher courts A. Constitutional Court 1. Formation ARTICLE 146 – (As amended on September 12, 2010; Act No. 5982) The Constitutional Court shall be composed of fifteen members. The Grand National Assembly of Turkey shall elect, by secret ballot, two members from among three candidates to be nominated by and from among the president and members of the Court of Accounts, for each vacant position, and one member from among three candidates nominated by the heads of the bar associations from among self-employed lawyers. In this election to be held in the Grand National Assembly of Turkey, for each vacant position, two thirds majority of the total number of members shall be required for the first ballot, and absolute majority of total number of members shall be required for the second ballot. If an absolute majority cannot be obtained in the second ballot, a third ballot shall be held between the two candidates who have received the greatest number of votes in the second ballot; the member who receives the greatest number of votes in the third ballot shall be elected. The President of the Republic shall appoint three members from High Court of Appeals and two members from Council of State from among three candidates to be nominated, for each vacant position, by their respective general assemblies, from among their presidents and members; three members, at least two of whom being law graduates, from among three candidates to be nominated for each vacant position by the Council of Higher Education from among members of the teaching staff who are not members of the Council, in the fields of law, economics and political sciences; four members from among high level executives, self-employed lawyers, first category judges and public prosecutors or rapporteurs of the Constitutional Court. In the elections to be held in the respective general assemblies of the High Court of Appeals, Council of State and the Court of Accounts and the Council of Higher Education for nominating candidates for membership of the Constitutional Court, three persons obtaining the greatest number of votes shall be considered to be nominated for each vacant position. In the elections to be held for the three candidates nominated by the heads of bar associations from among self-employed lawyers, three persons obtaining the greatest number of votes shall be considered to be nominated (…). |
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III. High Council of Judges and Prosecutors ARTICLE 159 – (As amended on September 12, 2010; Act No. 5982) The High Council of Judges and Prosecutors shall be established and shall exercise its functions in accordance with the principles of the independence of the courts and the security of the tenure of judges. The High Council of Judges and Prosecutors shall be composed of twenty-two regular and twelve substitute members; shall comprise three chambers. The President of the Council is the Minister of Justice. The Undersecretary to the Ministry of Justice shall be an ex-officio member of the Council. For a term of four years, four regular members of the Council, the qualities of whom are defined by law, shall be appointed by the President of the Republic from among members of the teaching staff in the field of law, and lawyers; three regular and three substitute members shall be appointed by the General Assembly of the High Court of Appeals from among members of the High Court of Appeals; two regular and two substitute members shall be appointed by the General Assembly of the Council of State from among members of the Council of State; one regular and one substitute member shall be appointed by the General Assembly of the Justice Academy of Turkey from among its members; seven regular and four substitute members shall be elected by civil judges and public prosecutors from among those who are first category judges and who have not lost the qualifications required for being a first category judge; three regular and two substitute members shall be elected by administrative judges and public prosecutors from among those who are first category judges and who have not lost the qualifications required for being a first category judge. They may be re-elected at the end of their term of office. Election of members to the Council shall be held within sixty days before the expiry of the term of office of the members. In case of vacancies for members appointed to the Council by the President of the Republic prior to the expiry of the term of office, new members shall be appointed within sixty days following the vacancy. In case of vacancy for other members, the remaining term of office shall be completed by the substitute. In the elections in which every member shall vote for the members to be elected to the High Council by general assemblies of the High Court of Appeals, the Council of State and the Justice Academy of Turkey and in which every judge and prosecutor shall vote for the members to be elected to the High Council from among first category judges and public prosecutors of civil and administrative courts; the candidates receiving the greatest number of votes shall be elected as regular and substitute members respectively. These elections shall be held once for each term and by secret ballot. The regular members of the Council, other than the Minister of Justice and the Undersecretary to the Ministry of Justice, shall not assume any duties other than those prescribed by law or be appointed or elected to another office by the Council during their term of office. The administration and the representation of the Council are carried out by the President of the Council. The President of the Council shall not participate in the work of the chambers. The Council shall elect the heads of chambers from among its members and one Deputy President from among the heads of chambers. The President may delegate some of his/her powers to the Deputy President. The Council shall make the proceedings regarding the admission of judges and public prosecutors of civil and administrative courts into the profession, appointment, transfer to other posts, the delegation of temporary powers, promotion, and promotion to the first category, decision concerning those whose continuation in the profession is found to be unsuitable, the imposition of disciplinary penalties and removal from office; it shall take final decisions on proposals by the Ministry of Justice concerning the abolition of a court, or changes in the territorial jurisdiction of a court; it shall also exercise the other functions given to it by the Constitution and laws. Supervision of judges and public prosecutors with regard to the performance of their duties in accordance with laws, regulations, by-laws and circulars (administrative circulars, in the case of judges); investigation into whether they have committed offences in connection with, or in the course of their duties, whether their behaviour and conduct are in conformity with requirement of their status and duties and if necessary, inquiries and investigations concerning them shall be carried out by the Council’s inspectors, upon the proposal of the related chambers and with the permission of the President of the High Council of Judges and Prosecutors. The inquiries and investigations may also be carried out by a judge or public prosecutor who is senior to the judge or public prosecutor to be investigated. The decisions of the Council, other than dismissal from the profession, shall not be subject to judicial review. A Secretariat General shall be established under the Council. The Secretary General shall be appointed by the President of the Council from among three candidates proposed by the Council from among first category judges and public prosecutors. The Council is empowered to appoint, with their consent, the Council’s inspectors, judges, and public prosecutors to temporary or permanent functions in the Council. The Minister of Justice is empowered to appoint judges, public prosecutors, judiciary inspectors, and internal auditors from the profession of judge and public prosecutor, with their consent, to temporary or permanent functions in the central, affiliated, or relevant institutions of the Ministry of Justice. The election of the members of the Council, formation of the chambers and the division of labour between chambers, the duties of the Council and its chambers, quorum for meetings and decisions, operating procedures and principles, objections to be made against the decisions and proceedings of the chambers and the examination procedure for these objections, and the establishment and the duties of the Secretariat General shall be laid down in law. |
III. Council of Judges and Prosecutors ARTICLE 159 – (As amended on September 12, 2010; Act No. 5982) The Council of Judges and Prosecutors shall be established and shall exercise its functions in accordance with the principles of the independence of the courts and the security of the tenure of judges. The High Council of Judges and Prosecutors shall be composed of thirteen members; shall comprise two chambers. The President of the Council is the Minister of Justice. The Undersecretary to the Ministry of Justice shall be an ex-officio member of the Council. Three members shall be elected by the President of the Republic from among first category criminal judges and public prosecutors who have not lost the qualifications required for being a first category criminal judge and public prosecutor, one member shall be elected by the President of the Republic from among first category administrative judges and public prosecutors and who have not lost the qualifications required for being a first category administrative judge and public prosecutor, three members shall be elected by the Grand National Assembly of Turkey from among members of the High Court of Appeals, one member shall be elected by the Grand National Assembly of Turkey from among members of the Council of State, three members shall be elected by the Grand National Assembly of Turkey from among members of the teaching staff in the field of law who are employed in higher education institutions, the qualities of which shall be regulated by law, and lawyers. The members who are elected from among the teaching staff and lawyers shall comprise at least one teaching staff and one lawyer. The application of the candidacy of the members to the Council who shall be elected by the Grand National Assembly of Turkey shall be submitted to the Presidency of the Assembly. The Presidency shall refer the applications to the joint committee, comprised of members of the Committee on Justice and Committee on Constitution. The committee shall nominate three candidates for each vacant position by two-thirds majority of the total number of members. If the nomination of candidates cannot be completed in the first ballot, in the second ballot three-fifths majority shall be required. In the event of failure to nominate candidates in the second ballot, candidates for each vacant position shall be chosen by lot from among the two persons who have received the greatest number of votes. The Grand National Assembly of Turkey shall elect and vote on each candidate nominated by the committee separately by secret ballot. Two thirds majority of the total number of members shall be required for the first ballot, and if the elections cannot be finalized in this ballot, three-fifths majority of total number of members shall be required for the second ballot. In the event of failure to nominate candidates in the second ballot, the elections shall be finalized through choosing by lot from among the two candidates who have received the greatest number of votes. The members shall be elected for four years and may be re-elected at the end of their term of office. The elections for the membership to the Council shall be held within thirty days prior to the expiration of the term of office of the members. In the event that membership to the Council falls vacant before the end of term of office, elections for new members shall be held within thirty days following the vacancy. The regular members of the Council, other than the Minister of Justice and the Undersecretary to the Ministry of Justice, shall not assume any duties other than those prescribed by law or be appointed or elected to another office by the Council during their term of office. The administration and the representation of the Council are carried out by the President of the Council. The President of the Council shall not participate in the work of the chambers. The Council shall elect the heads of chambers from among its members and one Deputy President from among the heads of chambers. The President may delegate some of his/her powers to the Deputy President. The Council shall make the proceedings regarding the admission of judges and public prosecutors of civil and administrative courts into the profession, appointment, transfer to other posts, the delegation of temporary powers, promotion, and promotion to the first category, decision concerning those whose continuation in the profession is found to be unsuitable, the imposition of disciplinary penalties and removal from office; it shall take final decisions on proposals by the Ministry of Justice concerning the abolition of a court, or changes in the territorial jurisdiction of a court; it shall also exercise the other functions given to it by the Constitution and laws. Supervision of judges and public prosecutors with regard to the performance of their duties in accordance with laws, by-laws and circulars (administrative circulars, in the case of judges); investigation into whether they have committed offences in connection with, or in the course of their duties, whether their behaviour and conduct are in conformity with requirement of their status and duties and if necessary, inquiries and investigations concerning them shall be carried out by the Council’s inspectors, upon the proposal of the related chambers and with the permission of the President of the Council of Judges and Prosecutors. The inquiries and investigations may also be carried out by a judge or public prosecutor who is senior to the judge or public prosecutor to be investigated. The decisions of the Council, other than dismissal from the profession, shall not be subject to judicial review. A Secretariat General shall be established under the Council. The Secretary General shall be appointed by the President of the Council from among three candidates proposed by the Council from among first category judges and public prosecutors. The Council is empowered to appoint, with their consent, the Council’s inspectors, judges, and public prosecutors to temporary or permanent functions in the Council. The Minister of Justice is empowered to appoint judges, public prosecutors, judiciary inspectors, and internal auditors from the profession of judge and public prosecutor, with their consent, to temporary or permanent functions in the central, affiliated, or relevant institutions of the Ministry of Justice. The election of the members of the Council, formation of the chambers and the division of labour between chambers, the duties of the Council and its chambers, quorum for meetings and decisions, operating procedures and principles, objections to be made against the decisions and proceedings of the chambers and the examination procedure for these objections, and the establishment and the duties of the Secretariat General shall be laid down in law. |
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PART FOUR Financial and Economic Provisions CHAPTER ONE Financial Provisions I. Budget A. Preparation and implementation of the budget ARTICLE 161- The expenditure of the State and of public corporations, other than state economic enterprises, shall be determined by annual budgets. (As amended on October 29, 2005; Act No. 5428) The beginning of the fiscal year and the preparation, implementation, and control of the central government budget shall be defined by law. The law may prescribe special periods and procedures for investments relating to development plans, or for business and services expected to last more than one year. No provisions other than those pertaining to the budget shall be included in the Budget Act. |
PART FOUR Financial and Economic Provisions CHAPTER ONE Financial Provisions I. Budget Budget and Final Accounts ARTICLE 161- The expenditure of public administrations and of public corporations, other than state economic enterprises, shall be determined by annual budgets. The beginning of the fiscal year, the preparation, implementation, and control of the central government budget, and special periods and procedures for investments, or for business and services expected to last more than one year shall be defined by law. No provisions other than those pertaining to the budget shall be included in the Budget Act. The President of the Republic shall submit the budget bill to the Grand National Assembly of Turkey at least seventy-five days before the beginning of the fiscal year. The budget bill shall be discussed by the Committee on Budget. The budget bill adopted by the Committee within fifty-five days shall thereafter be debated by the Plenary and decided before the beginning of the fiscal year. In case the Budget Act cannot come into force on time, the budget from the previous year that shall be increased in proportion to the revaluation shall come into force. Members of the Grand National Assembly of Turkey shall express their opinions on public administrations’ budgets during the debates on each budget in the Plenary; they shall not make proposals that entail an increase in expenditure or a decrease in revenue. During the Plenary, public administrations’ budgets and motions for amendments shall be read out and voted without separate debate. The appropriation granted by the central government budget shall indicate the limit of expenditure allowed. No provision shall be included in the budget act to the effect that the limit of expenditure may be exceeded by a presidential decree. In motions of amendment entailing an increase in appropriations under the budget of the current fiscal year, and, in bills entailing financial burden in the budgets of the current or following fiscal year, the financial resources to meet the stated expenditure shall be indicated. Final accounts bills on central government shall be submitted to the Grand National Assembly of Turkey by the President of the Republic within six months of the end of the relevant fiscal year. The Court of Accounts shall submit its statement of general conformity to the Grand National Assembly of Turkey within seventy-five days of the submission of the final accounts bill to which it is related. The submission of the final accounts bills and the statement of general conformity to the Grand National Assembly of Turkey shall not preclude the auditing and trial of the accounts for the relevant fiscal year that have not been concluded by the Court of Accounts, and shall not mean that a final decision has been taken on these accounts. The final accounts bill shall be debated and decided in conjunction with the budget bill of the new year. |
2. Abolished Provisions
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Number of Article |
Proposed action |
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E. Authorization to issue decrees having the force of law ARTICLE 91 |
Abolished |
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B. Censure ARTICLE 99 |
Abolished |
|
C. Parliamentary investigation ARTICLE 100 |
Abolished |
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B. Election ARTICLE 102 |
Abolished |
|
G. General Secretariat of the President of the Republic ARTICLE 107 |
Abolished |
|
II. Council of Ministers A. Formation ARTICLE 109 |
Abolished |
|
B. Taking office and vote of confidence ARTICLE 110 |
Abolished |
|
C. Vote of confidence while in office ARTICLE 111 |
Abolished |
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D. Functions and political responsibilities ARTICLE 112 |
Abolished |
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E. The formation of ministries, and ministers ARTICLE 113 |
Abolished |
|
F. Provisional Council of Ministers during elections ARTICLE 114 |
Abolished |
|
G. Regulations ARTICLE 115 |
Abolished |
|
2. Declaration of state of emergency because of widespread acts of violence and serious deterioration of public order ARTICLE 120 |
Abolished |
|
3. Rules regarding the states of emergency ARTICLE 121 |
Abolished |
|
B. Martial law, mobilization and state of war ARTICLE 122 |
Abolished |
|
H. Military justice ARTICLE 145 |
Abolished |
|
D. High Military Court of Appeals ARTICLE 156 |
Abolished |
|
E. High Military Administrative Court ARTICLE 157 |
Abolished |
|
B. Debate on the budget ARTICLE 162 |
Abolished |
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C. Principles governing budgetary amendments ARTICLE 163 |
Abolished |
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D. Final accounts ARTICLE 164 |
Abolished |
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PROVISIONAL ARTICLE 21- A) The general elections for the 27th legislative term of the Grand National Assembly of Turkey shall be held together with the elections for the President of the Republic on 3/11/2019. The members of the Grand National Assembly of Turkey and the President of the Republic remain in office until the election date. In the event of election decision taken by the Grand National Assembly of Turkey, parliamentary elections for 27th legislative term and for the President of the Republic shall be held together.
Within two months after the entry into force of this Act, those who are among military judges and prosecutors, including the ones on administrative duties and posts, taking into account their preferences and acquired rights, shall be appointed;
Those who are appointed to be legal advisor or active military officer in the Turkish Armed Forces continue to benefit from monthly allowances determined for and other rights relating to the status of military judges and prosecutors.
ç) Those which are in the military prosecutors’ offices are delegated to the chief public prosecutor’s office by making a list without further decision. The High Court of Appeals and the Council of State shall carry out their own operations for delegation. The delegation of the other files shall be carried out by committees that shall be formed by the Council of Judges and Prosecutors. For the cases, in which a judgement has been given but a justification has not been written by the abolished military judicial authorities, the justifications shall be written by the delegated judicial authorities. All the other administrative personnel who are employed in the abolished military judicial authorities shall be appointed by the National Defense Ministry.
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ARTICLE ON ENTRY INTO FORCE ARTICLE 21- With this Act, the amendments introduced to the Constitution’s a) Articles 8, 15, 17, 19, 73, 82, 87, 88, 89, 91, 93, 96, 98, 99, 100, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 and abolitions in the second and third paragraph of Article 114, amendments made to Articles 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 and amendments related to the last paragraph of Article 127; amendments made to Articles 131, 134, 137 and amendments related to the first paragraph of Article 148 and to the phrase “Members of the Council of Ministers” of its sixth paragraph, the second paragraph of Articles 150, 151, 152, 153, 155, amendments made to Articles 161, 162, 163, 164, 166 and 167 and the subparagraphs (F) and (G) of Provisional Article 21, shall, on the date of the elections to the Grand National Assembly of Turkey and for the President of the Republic,
c) remaining provisions and the abolition of the phrase “If the President-elect is a member of a party, his/her relationship with his party shall be severed”, in the last paragraph of Article 101, shall, on its date of promulgation, come into force and in the event of a referendum shall be put to a vote in its entirety. |
[PLT] Politics and Law in Turkey 