10 - AKPARTİ · through Presidential decree 10. ... Presidential Government System Presidential Government System Martial law shall be annulled and State

BENEFITS OF THE PRESIDENTIAL GOVERNMENT SYSTEM1. Political Stability 2. Rapid and Effective Action 3. Strong Legislation, Strong Performance 4. Safe and Peaceful Turkey 5. The Parliament Shall Become Stonger and Representaion Shall

Be Extended6. Unity and Reconciliation 7. Strong Leadership Strong Turkey PRESIDENTIAL GOVERNMENT SYSTEM1. The minimum age to be a Members of Parliament shall be

lowered to 18 from 25 2. The number of Members of Parliament shall be raised to 600

from 5503. The Parliament shall become stronger; laws shall be proposed

by the Members of Parliament not by the Government 4. Presidential and Parliamentary elections shall be held together

on the same day every 5 years 5. If the President or Parliament decides to renew the elections,

both elections shall be held simultaneously6. The President shall retain ties with his/her political party 7. The President shall be granted power of issuing decrees 8. The President shall assign senior public officials9. Administrative regulations regarding institutions shall be made

through Presidential decree10. The Presidency shall be accountable11. Power of preparing and submitting the budget shall be granted

to the President12. Martial law shall be annulled and state of emergency shall be

reformulated13. “Impartiality” shall be added to the phrase of the Independence

of Judiciary14. Judiciary shall be demilitarized15. New arrangements shall be made regarding with High Council

of Judges and Prosecutors

ARTICLES OF CONSTITUTIONAL AMENDMENT PACKAGE

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Presidential Government System Presidential Government System

1 POLITICAL STABILITY

Government will come to power alone as a result of elections and political stability will become permanent.

• Uninterrupted performance shall take place between two elections (each term lasting for 5 years).

• A culture of reconciliation will develop. • Administrative obstacles to form

government will be cleared. • Vote of confidence will be given by the

people to the President.

BENEFITS OF THE PRESIDENTIAL GOVERNMENT SYSTEM

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The tutelage system will be completely eliminated. Legislative (Parliament) and Executive (Government) powers will be strengthened. • The real owner of the state will be the people. • Dual leadership will be eliminated throughout

the administrative system • The Government will take actions; the

Parliament will make laws and monitor the Government. The Parliament and Government will function separately.

• Both Parliament and Government will be elected and monitored by the people.

2 RAPID AND EFFECTIVE ACTION

There will be rapid and effective administration, a guarantee for economic growth, prosperity and development• A mechanism that meets our citizens’

needs, in accordance with developments and ensures institutions shall work at a fast pace will be formed.

• Bureaucracy will reduce, growth will speed up.

• Our targets for 2023 and beyond will gain momentum.

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STRONG LEGISLATION, STRONG PRACTICE

TURKEY WILL BE SAFER AND MORE PEACEFUL

A strong government will be a safeguard of peace, security and freedom. • Presidential Government System will make the

fight against terrorism more effective. • With institutional renewal, our security policies

will be pursued more effectively. • Terrorism will eventually be off the agenda for

Turkey. • Quick and effective decisions will be taken in

security policies. • Our people will enjoy their freedom in a safer

environment.


THE PARLIAMENT SHALL BECOME STRONGER AND REPRESENTATION SHALL BE EXTENDED

The parliament will focus on law-making, which is its main duty, and will monitor government on behalf of the people.

• Legislative proposals will be submitted by members of Parliament.

• The President will be checked and monitored by the Parliament.

• Members of Parliament will be further involved in the affairs of their regions and the national will shall be reflected during the law-making process.

• Will of parliament shall dominate law-making process.

UNITY AND RECONCILIATION

With the President elected directly by the people with more than 50% of the votes, political unity will increase and polarization will decrease.

• Harmony between Government and Parliament will gain importance.

• Authority of renewing elections reciprocally means that both President and Parliament will renew elections together.

• Potential to renew elections together will pave the way for solving crisis through reconciliation.

• Government crisis of the past will vanish. • A more responsible, rationalist and

compatible understanding will prevail in politics.

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STRONG LEADERSHIP STRONG TURKEY

A strong governmental system will increase the country’s influence in the region and across the world.

• Our contribution to regional and global peace and stability will increase.

• As seen in the example of Operation Euphrates Shield in Syria, international cooperation and counterterrorism opportunities will expand.

• We will play an increasing role in the solution process in global issues.

• With the new governmental system, our goal of becoming a pioneering country will take place in a shorter period of time.

• As a problem-solving country, our influence will increase across the region.

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THE PRESIDENTIAL GOVERNMENT SYSTEM

The minimum age to be a Members of Parliament shall be lowered to 18 from 25

• There will be room for young people in politics.

• Those who have the right to vote will also have the right to stand for election.

• The voice of young people will be further reflected in politics.

• Politics will gain momentum. • The younger generation will gain political

experience at an earlier age.

The number of Members of Parliament shall be raised to 600 from 550

• This increase leads to the extension of representation, ensuring that the growing population be represented in Parliament accordingly.

• Our citizens will have more representatives in their provinces.

• There will be increased opportunities of representation in politics.

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NUMBER OF DEPUTIES

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Presidential and Parliamentary elections shall be held together on the same day every 5 years

• Parliamentary elections will be held every 5 years instead of every 4 years.

• Parliamentary and Presidential elections will be held on the same day.

• Runoff direct electoral system will be applied in Presidential election.

• With this, there will be uninterrupted 5-year periods of stability.

• Agenda of the people will not be constantly occupied by elections.

• Possibility of early election will diminish; culture of problem solving and reconciliation will gain importance.

• Elections held together will support the culture of collaboration.

Parliament shall become stronger; laws shall be proposed by the Members of Parliament not by the Government

• The will of Parliament shall become that central mechanism in the law-making process.

• Parliament’s information and inspection mechanisms will be preserved. Submission for parliamentary inquiry, general debate, parliamentary investigation and written parliamentary questions will continue.

• It will be a constitutional provision that members of government must reply to written parliamentary questions within 15 days.

• In the event that the President sends back any law that is drafted and accepted by the Parliament, the Parliament will have the final say. Parliament will be entitled to accept the law by absolute majority and send back, as it was, to the President.

• Parliament will be granted right to elect members for the Council of Judges and Prosecutors for the first time.

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The President shall retain ties with his/her political party

• With the election of a President by the people, political responsibility of the President arises.

• Through a presidency having ties with a political party, politics will gain better results.

• Party committees and channels will enable the Presidency to have more contact with the people and establish policies through the national will.

• This shall include all parties through the problem solving process.

• Being a member of a political party does not prevent the President from being the President of the whole nation (just as today’s prime minister and ministers are).

If the President or Parliament decides to renew the elections, both elections shall be held simultaneously

• Authority of renewing elections will be granted to both the President and the Parliament.

• The President will be able to make the decision to hold elections. Likewise, the Parliament will be able to take the decision to hold elections by a three-fifths majority.

• Both elections will be held together. • This regulation will bring reconciliation and

harmony. • If the President decides to go for early

elections, he/she will have curtailed his/her own term.

• Joint early elections will prevent a crisis of system and become the guarantee for pursuit of reconciliation.

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The President shall be granted power of issuing decrees

• With dual leadership abolished in the proposed Presidential Government System, the power of issuing decrees, which currently belongs to the Council of Ministers, will be handed over to the President.

• The President will make administrative regulations through Presidential decrees.

• The President will not be entitled to issue decrees on fundamental rights, individual rights and responsibilities as well as political rights and responsibilities.

• The President will not be entitled to issue decrees on issues which are to be enacted by law as stipulated in the Constitution.

• The President will not be entitled to issue decrees on issues which are clearly settled by the law.

• When decrees and laws contradict, provisions of the law will be applied.

• In the event that the Parliament introduces a law on the same subject, the decree will be void.

• Decrees will be subject to monitoring by the Parliament and the Constitutional Court.

The President shall assign senior public officials through decrees

• When any new government takes office following elections, it will have the opportunity to form government and to take actions.

• Bureaucratic delays in administration will be removed.

• Performance-based reassignments will be take place more efficiently.

• Competency in position and qualification will gain significance.

Administrative regulations regarding institutions shall be made through Presidential decree

• Institutions with similar functions will merge for better performance and quicker results.

• With this, the structure of the ministries can effectively be renewed to adopt to technological innovations and economic developments.

• A Parliament that is not engaged in institutional regulations will be able to make more time for fundamental issues and law-making.

• The Presidential decrees are not entitled to establish any local legal entities.

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The Presidency shall be accountable

• “Non-accountability” of the President will abolish; in other words, the President will no more be “authorized but non-accountable”.

• Supervision and criminal liability will be applied to the President.

• According to the current Constitution, the President can only be put on trial for treason by a three-quarter majority vote of the Parliament. With the new constitution, the President may be investigated for any alleged crime.

• The President who is indicted will not able to decide to hold early elections.

• In the new system, the President will be responsible towards both the Parliament and the people.

• In the current system, actions taken by the President alone are not subject to judicial control; whereas in the new system, all acts and works of the President will be subject to judicial control.

Power of preparing and submitting the budget shall be granted to the President

• Power of drafting the budget law and submitting to the Parliament will be granted to the President.

• Power of proposing legislation and law-making will belong to the Parliament.

• The Budget Law and Final Account Law will be united in the same article, debated and finalized together in Parliament.

• If the Budget Law is not approved by the Parliament, a temporary budget will be prepared first; and if it is not possible, the budget of the previous year will be put into effect after being increased by revaluation rates.

• Therefore, the final decision on the Budget will be taken by the Parliament.

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Martial law shall be annulled and State of Emergency shall be reformulated

• Martial law will be abolished. • State of Emergency will be redefined by

considering the results of the malicious coup attempt on July 15 and other terrorist threats.

• Power of declaring a state of emergency, in the current system is in the hand of the Council of Ministers will be granted to the President in the new system.

• State of emergency declaration will be submitted to the Parliament for approval on the same day.

• The Parliament will hold the authority to extend, curtail or lift the state of emergency.

• Decrees issued during this period will be void unless they are approved by the Parliament within three months.

• Since the President submits state of emergency declaration and state of emergency decrees to the Parliament for approval and since the Parliament is entitled to extend, curtail or lift the state of emergency, Parliament’s power and responsibility of supervision will come to the forefront.

• Election process will be under the supervision of Supreme Election Council even if there is a state of emergency.

• State of emergency’s sole purpose will be to fight against terrorism. Therefore citizens will reflect their free will on ballot boxes in a safe and secure environment.

Judiciary shall be demilitarized

• Military judiciary will be completely abolished. Only disciplinary courts will be functional.

• Military courts will only be established during a state of war.

• There will be unity in judiciary. Separation between military and civilian will be removed. All citizens will be subject to the same judicial institutions.

• One more step that is compatible with EU acquis and enhances standards of democracy will have been implemented.

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“Impartiality” shall be added to the phrase of the Independence of Judiciary

• Independence of judiciary is not enough, it must also be impartial. Therefore impartiality become a constitutional provision. • The phrase added to the

Constitution will increase trust towards the judiciary.

• It will be taken as basis for future judicial regulations.

• With the new regulation, opportunity of FETO-type structures to wield power over CJP will be eliminated.

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New arrangements shall be made regarding the High Council of Judges and Prosecutors

• Structure of the High Council of Judges and Prosecutors (HCJP) and its election method will change; its name will be the Council of Judges and Prosecutors (CJP).

• The number of members will be lowered to 13 from 22; the number of chambers will be lowered to 2 from 3.

• Current status of the Minister of Justice and Undersecretary of Ministry of Justice will be preserved.

• 4 members of CJP will be elected by the President as it is at present.

• 7 members, who constitute the majority of CJP, will be elected by the qualified majority at the Parliament for the first time.

• Democratic legitimacy will be consolidated by granting authority to the Parliament for electing the members.

• Competition and factionalism among members of judicial institution will end. Will of the Parliament shall take primacy.

• With the new regulation, opportunity of FETO-type structures to wield power over CJP will be eliminated.

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ARTICLES OF THE CONSTITUTIONAL AMENDMENT PACKAGE

ARTICLE 1IT MAKES INDEPENDENCE AND IMPARTIALITY OF JUDICIARY A CONSTITUTIONAL PROVISION.

The phrase “and impartial” is added to Article 9 of the Constitution of the Republic of Turkey No. 2709 dated 7/11/1982, on the condition that it is written after the phrase “independent”.

ARTICLE 2IT RAISES THE NUMBER OF MEMBERS OF PARLIAMENT TO 600 FROM 550.

The phrase “five hundred and fifty” stated in Article 75 of Law No. 2709 is replaced by “six hundred”.

ARTICLE 3IT LOWERS THE MINIMUM AGE TO BE A MEMBERS OF PARLİAMENT TO 18 FROM 25

The phrase “twenty five” stated in the first paragraph of Article 76 of Law No. 2709 is replaced by “eighteen” and the phrase “who have not performed compulsory military service” in the second paragraph is replaced by “who are related to military service”.

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ARTICLE 4• PARLIAMENTARY ELECTIONS ARE HELD EVERY 5

YEARS INSTEAD OF EVERY 4 YEARS• PARLIAMENTARY AND PRESİDENTIAL ELECTIONS

ARE HELD ON THE SAME DAY. • RUNOFF VOTING SYSTEM IS APPLIED IN

PRESİDENTIAL ELECTION.

Article 77 of Law No. 2709 and its title are amended as the following:

C. Election term of the Parliament and the President

Article 77- Elections for Parliament and Presidency shall be held every five years on the same day.

The Members of Parliament whose term ends is eligible to be re-elected.

In the event that the minimum is not reached in the first round of Presidential elections, a second round of voting shall be held in accordance with the procedure in Article 101.

ARTICLE 5• AS REQUIRED BY THE CHARACTERISTIC OF THE

PRESİDENTIAL GOVERNMENT SYSTEM, THE PRACTICE OF THE VOTE OF CONFIDENCE AND CENSURE IS LIFTED.

• THE VOTE OF CONFIDENCE IS GIVEN BY THE PEOPLE THROUGH ELECTIONS.

• WITH THE ELECTION OF THE PRESİDENT BY THE PEOPLE, THEY GIVE THE VOTE OF CONFIDENCE FOR ANY GOVERNMENT TO BE FORMED FOR THE FOLLOWING 5 YEARS

Article 87 of Law No. 2709 is amended as follows: ARTICLE 87- The duties and powers of the Parliament are to enact, amend, and repeal laws; 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 by the majority of three-fifths of the Parliament to proclaim amnesty and pardon; and to exercise the powers and carry out the duties envisaged in other articles of the Constitution.

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ARTICLE 6• SUPERVISION BY THE PARLIAMENT IS

IMPLEMENTED THROUGH “PARLIAMENTARY INQUIRY”, “GENERAL DEBATE” AND “WRITTEN QUESTION”

• PARLIAMENTARY INQUIRY INTO THE PRESİDENT AND MEMBERS OF GOVERNMENT BECOMES MORE BROAD

• IT WILL BE OBLIGATORY TO ANSWER ANY WRITTEN QUESTION WITHIN 15 DAYS

Article 98 of Law No. 2709 is amended as the following and the title line is removed:

ARTICLE 98- The Parliament shall exercise its information and supervisory power 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 will take place during consideration of a specific subject relating to the society and the activities of the State at the Plenary of the Parliament.

A parliamentary investigation is an investigation against vice Presidents and ministers in accordance with the fifth, sixth and seventh paragraphs of Article 106.

A written question is a request addressed in written form to parliamentarians, vice Presidents and ministers to be answered in writing within fifteen days. The form of submission, content, and scope of the motions concerning parliamentary inquiry, general debate, and written questions shall be regulated by the Paliamentary Rules of Procedure.

ARTICLE 7• CANDIDACY AND ELECTION CONDITIONS FOR

PRESIDENCY ARE DEFINED • THE PROVISION WHEREBY “TIES OF PRESİDENT-

ELECT WITH A PARTY, IF THERE ARE, SHALL BE DETACHED” IS CANCELLED.

• THE PRESİDENT IS ALSO ABLE TO BE A MEMBER OF A POLITICAL PARTY

• THE PERIOD OF PRESIDENCY IS LIMITED TO 2 TERMS; MEANING THAT, IT IS LIMITED TO A MAXIMUM OF 10 YEARS.

• NOMINATION CONDITIONS FOR PRESIDENCY ARE EXPANDED AND FACILITATED FOR ALL PARTIES.

• • CITIZENS ARE ABLE TO PRESENT A CANDIDATE FOR PRESIDENCY (UNDER THE PROVISION THAT THERE ARE 100 THOUSAND VOTES)


A. Candidacy and Election ARTICLE 101- The President shall be elected directly by the people from among Turkish citizens who are over forty years of age, have completed higher education, and are eligible to be deputies.

The President’s term of office shall be five years. A person could be elected President for two terms at most.

Political parties with at least five per cent of the valid votes in sum, alone or together, in the latest parliamentary elections and at least 100 thousand voters shall be entitled to nominate candidates for presidency.

When a Members of Parliament is elected the President, his/her membership of the Parliament shall come to an end.

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The candidate who receives the absolute majority of the valid votes during elections shall be elected President. If this majority cannot be obtained in the first ballot, the second ballot shall be held on the second Sunday following the first ballot. The two candidates who receive the highest votes in first ballot shall run for the second ballot, and the candidate who receives the majority of valid votes shall be elected President.

If one of the candidates who gain the right to run for the second ballot is not able to participate in the election for any reason, the second ballot shall be conducted by substituting the vacant candidacy in conformity with the ranking in the first ballot. If only one candidate remains for the second ballot, this ballot shall be conducted as a referendum. If the candidate receives the majority of the valid votes, he/she shall be elected President.

If the candidate is not able to receive the majority of the valid votes, only the Presidential elections shall be renewed.

In the event that elections could not be completed, the term of office of the mandatory President shall continue until the new President takes the office.The procedures and principles concerning Presidential elections shall be regulated by law.

ARTICLE 8• DUAL LEADERSHIP IS ABOLISHED IN THE

ADMINISTRATION • POWERS OF PRESIDENT AND PRIME MINISTER ARE

INTEGRATED • THE PRESİDENT BECOMES THE HEAD OF THE

EXECUTIVE POWER • THE PRESİDENT ATTAINS THE POWER OF

APPOINTING AND DISMISSING VICE PRESİDENTS AND MINISTERS

• THE PRESIDENT ATTAINS THE POWER OF APPOINTING AND DISMISSING SENIOR PUBLIC OFFICIALS

• THE PRESIDENT GAINS RIGHT TO ISSUE A PRESIDENTIAL DECREE

Article 104 of Law No. 2709 is amended as the following: ARTICLE 104- The President is the head of the State. The executive power belongs to the President. Acting in the capacity of the head of the State, the President 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.If deemed necessary, the President shall deliver the opening speech of the Parliament on the first day of the legislative year.

The President shall give messages to the Parliament about the country’s domestic and foreign politics.

He/she shall issue laws.

He/she shall send laws back to the Parliament to be reconsidered.

He/she shall appeal to the Constitutional Court for the annulment of the whole or certain provisions of laws and the Rules of Procedure of the Parliament on the grounds that they are unconstitutional in form or in content.

The President shall appoint and dismiss vice-President and ministers.

He/she shall appoint and dismiss senior public officials and regulate rules and procedures on their appointment by the Presidential decree.

The President shall accredit representatives of the Republic of Turkey to foreign states and to receive the representatives of foreign states appointed to the Republic of Turkey.

He/she shall ratify and promulgate international treaties.

The President shall submit laws regarding constitutional amendments to referendum if he/she deems necessary.

He/she shall determine national security policies and take necessary measures.

The President shall represent the Office of Commander-in-Chief of the Turkish Armed Forces on behalf of the Parliament,

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He/she shall decide on the use of the Turkish Armed Forces,

He/she shall remit or commute the sentences imposed on individuals on the grounds of chronic illness, disability or elderly age.

The President is entitled to issue Presidential decree regarding the executive power. Fundamental rights, individual rights and duties stated in the first and second parts of the second section of the Constitution and political rights and duties stated in the fourth part could not be regulated by Presidential decree. Presidential decrees could not be issued regarding the subjects specified to be regulated exclusively by law in the Constitution. Presidential decrees could not be issued regarding the matters which are clearly regulated in the law. In the event that there are different provisions in Presidential decree and laws, provisions of law shall be applied. In the event that the Parliament introduces law on the same subject, the decree shall become void.

In order to ensure the enforcement of laws, the President might issue by-laws, under the condition that they are not contrary to the law.

Decrees and by-laws shall enter into force on the day they are published in the Official Gazette unless a specific date after the publication is determined. The President shall also exercise duties of election and appointment, and perform the other duties conferred on him/her by the Constitution and law.

ARTICLE 9• “NON-ACCOUNTABILITY” OF THE PRESİDENT

ABOLISHES; THE PRESİDENT IS NO LONGER “AUTHORIZED BUT NON-ACCOUNTABLE”.

• SUPERVISION AND CRIMINAL LIABILITY IS APPLIED.

• THE PRESIDENT MIGHT BE INVESTIGATED AND REFERRED TO THE SUPREME COURT IF DEEMED NECESSARY

• THE PRESİDENT WHO IS INVESTIGATED CANNOT TAKE DECISION FOR EARLY ELECTION

• IF CONVICTED BY THE SUPREME COURT, THE PRESIDENT’S DUTY TERMINATES


E. Criminal Liability of the President ARTICLE 105- It might be requested to launch an investigation against the President for an alleged offensive on the proposal of absolute majority of the total number of members of the Parliament. The Parliament shall debate the proposal within a month at the latest and might decide to launch investigation by the secret vote of three-fourths of the total number of members.

In the event that it is decided to launch an investigation, the investigation shall be carried out by a committee of fifteen people which will be created by lot for each party among the candidates that will be nominated by political parties at the Parliament and the number of whom shall be threefold of the number of members that each party provides for the committee in the ratio of their parliamentary power. The committee shall present the report written on the conclusion of the investigation to the Parliamentary Speaker’s Office within two months. In the event that the investigation is not concluded within this period, the committee shall be granted an additional and peremptory period of a month.

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The report shall be distributed within ten days as of being submitted to the Speaker’s Office and debated at the Plenary within ten days as of being distributed. The Parliament might take decision for referral to the Supreme Court by secret vote of two-thirds of the total number of members. Trial at the Supreme Court shall be concluded within three months; if it is not concluded, an additional term of three months shall be granted for only once and the trial shall be concluded within this period.

The President who is being investigated shall not be entitled to decide to hold early elections. The term of the President, who is convicted by the Supreme Court of an offense that constitutes impediment to be elected, shall terminate.

After termination of the office, this provision shall be applied to offenses that are allegedly committed by the President during the term of office.

ARTICLE 10• THE PRESİDENT FORMS THE GOVERNMENT • THE PRESİDENT CAN APPOINT ONE OR MORE VICE-

PRESIDENTS • SUPERVISION AND CRIMINAL LIABILITY IS APPLIED

TO THE VICE-PRESİDENTS AND MINISTERS. JUST LIKE THE PRESİDENT, THEY MAY BE INVESTIGATED AND PUT IN TRIAL IF DEEMED NECESSARY

• SINCE THE LEGISLATIVE AND EXECUTIVE POWERS ARE SEPARATED, DEPUTYSHIP OF THOSE WHO ARE APPOINTED AS MINISTERS SHALL END AT THE PARLIAMENT


F. Vice-Presidents, Acting for the President and Ministers ARTICLE 106- The President is entitled to appoint one or more vice-Presidents after being elected.

In the event that Office of President falls vacant for any reason, Presidential elections shall be held within forty five days. Until the election of a new President, vice-President shall serve as Acting President and exercise the powers of the President. If one year or less time is left for general elections, the elections for Parliament shall be renewed together with the Presidential elections. If more than one year is left for general years elections, the elected-President shall continue his/her post until the date of elections for Parliament. For the President who remains at the post during the rest of the time, that period shall not be deemed part of the term. Both elections shall be held together on the date when elections for the Parliament are held. 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 and exercise the powers of the President.

Vice-Presidents and ministers shall be appointed and dismissed by the President from among those who are eligible to be elected Members of Parliament. Vice-Presidents and ministers shall take the oath as stated in the Article 81 before the Parliament. If members of Parliament are appointed as vice-Presidents or ministers, their membership shall end.

Vice-Presidents and ministers shall be responsible to the President. It might be requested to launch an investigation against Vice- Presidents and ministers for an alleged offensive on the proposal of absolute majority of the total number of members of the Parliament.

The Parliament debates the proposal within a month at the latest and might decide to launch investigation by the secret vote of three-fourths of the total number of members.

In the event that it is decided to launch an investigation, the investigation is carried out by a committee of fifteen people which will be created by lot for each party among the candidates that will be nominated by political parties at the Parliament and the number of whom will be threefold of the number of members that each party provides for the committee in the ratio of their parliamentary power. The committee shall present the report written on the conclusion of the investigation to the Parliamentary Speaker’s Office within two months. In the event that the investigation is not concluded within this period, the committee shall be granted an additional and peremptory period of a month.

The report shall be distributed within ten days as of being submitted to the Speaker’s Office and shall be debated at the Plenary within ten days as of being distributed. The Parliament might

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take decision for referral to the Supreme Court by secret vote of two-thirds of the total number of members. Trial at the Supreme Court shall be concluded within three months; if it is not concluded, an additional term of three months shall be granted for only once and the trial shall be concluded within this period.

After termination of the office, provisions of fifth, sixth and seventh paragraphs shall be applied to offenses that are allegedly committed by these people during the term of office.

The duty of a vice-President or minister, who is convicted by the Supreme Court of an offense that constitutes impediment to be elected, shall terminate.

Vice-Presidents and ministers shall take advantages of provisions regarding the legislative immunity for offenses that are not related to their position.

Establishment, shutdown, duties and powers, organizational structure, and establishment of headquarters and provincial offices shall be regulated by Presidential decree.

ARTICLE 11• THE AUTHORITY OF RENEWING ELECTIONS

ARE GRANTED TO BOTH PRESİDENT AND THE PARLİAMENT

• BOTH ELECTIONS ARE HELD TOGETHER • SINCE BOTH ELECTIONS ARE RENEWED AT THE

SAME TIME, ELECTIONS CANNOT BE RENEWED UNILATERALLY

• IF THE PRESİDENT RENEWS THE ELECTIONS, HE/SHE CURTAILS HIS/HER OWN TERM

• THE PRESİDENT IS GRANTED THE RIGHT TO RUN FOR ONLY ONE MORE TERM, IF HE/SHE IS AT HIS/HER SECOND TERM AND THE ELECTIONS ARE RENEWED BY THE PARLIAMENT

• RENEWING ELECTIONS TOGETHER IS A GUARANTE NOT TO AMPLIFY THE POTENTIAL OF A CRISIS AND IS A SAFEGUARD FOR PURSUIT OF RECONCILIATION


H. Renewal of elections to the Parliament and Presidency ARTICLE 116- The Parliament may decide to renew the elections by three-fifths of the total number of members. In that case, elections to the Parliament and Presidency shall be held together.

In the event that the President decides to renew elections, the elections to Parliament and Presidency shall be held together.

In the event that the Parliament decides to renew the elections during the second term of the President, he/she might run for one more term.

In the event that both elections are decided to be held together, the powers and duties of incumbent Parliament and President shall continue until the new Parliament and President take the office.

Terms of office of the Parliament and President shall be five years.

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ARTICLE 12• STATE OF EMERGENCY IS OBSERVED BY THE

RECONSIDERATION OF THE RESULTS OF THE MALICIOUS COUP ATTEMPT OF JULY 15 AND TERRORIST THREATS

• THE POWER OF DECLARING A STATE OF EMERGENCY IS TRANSFERRED TO THE PRESİDENT BECAUSE HE/SHE IS THE HEAD OF EXECUTIVE POWER

• THE PRESİDENT SUBMITS EMERGENCY OF STATE DECLARATION TO THE PARLIAMENT FOR APPROVAL

• THE PARLIAMENT HOLDS THE AUTHORITY TO EXTEND, CURTAIL OR LIFT THE STATE OF EMERGENCY

• PARLIAMENT’S POWER AND RESPONSIBILITY OF SUPERVISION COMES TO THE FOREFRONT

Article 119 of law no.2709 and its title are amended as the following and title lines are removed from the text:

III. Governing the States of emergency ARTICLE 119- In the event of war, emergence of a situation that may require war, mobilization, rebellion, a violent and active upheaval against the homeland or the Republic, proliferation of acts of violence that threat indivisible integrity of nation and state at home and abroad, indications of widespread acts of violence aimed at the destruction of constitutional order or of fundamental rights and freedoms, or serious deterioration of public order due to widespread acts of violence, natural disasters or dangerous epidemic diseases or a serious economic crisis, the President is entitled to declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months.

Decision to declare emergency of state shall be published in the Official Gazette and shall be submitted to the Parliament for approval on the same day.

If the Parliament is in recess, it shall be immediately called to assemble; The Assembly may curtail or extend the duration of the state of emergency or lift the state of emergency. The Parliament may extend the period for a maximum of four months each time at the request of the President. During the state of war, the period of four months is not required.

The financial, material and labour obligations which are to be imposed on citizens under state of emergency and the manner how fundamental rights and freedoms are restricted or suspended in line with the principles of Article 15, which provisions are applied and how to take the measures necessitated by the situation shall be regulated by the law.

The President is entitled to issue Presidential decree on issues necessitated by the state of emergency without being subject to restrictions stated in the second sentence of seventeenth paragraph of article 104. These decrees shall be published in the Official Gazette and shall be submitted to the Parliament on the same day for approval.

Presidential decrees issued during the state of emergency shall be debated at the Parliament and concluded within three months except for situations in which the Parliament could not assemble due to war and force majeure. Otherwise, Presidential decrees issued during state of emergency shall be repealed.

ARTICLE 13• MILITARY JUDICIARY IS COMPLETELY ABOLISHED • ONLY DISCIPLINARY COURTS ARE PERMITTED • THERE IS UNITY IN JUDICIARY. SEPARATION

BETWEEN MILITARY AND CIVILIAN IS REMOVED

The following paragraph is added to Article 142 of Law No. 2709.

ARTICLE 142-Any military courts could not be established except for disciplinary courts. However, military courts might be established to hear the cases regarding offenses committed by military officers and soldiers in the line of duty during the state of war.

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ARTICLE 14• STRUCTURE OF THE HIGH COUNCIL OF JUDGES AND

PROSECUTORS (HCJP) AND ELECTION METHOD CHANGE; TO BE CALLED THE COUNCIL OF JUDGES AND PROSECUTORS (CJP).

• 4 MEMBERS OF CJP ARE ELECTED BY THE PRESİDENT; 7 MEMBERS ARE ELECTED BY THE PARLİAMENT

• WILL OF THE PARLIAMENT TAKES DOMINANCE• COMPETITION AND FACTIONALISM AMONG

MEMBERS OF JUDICIAL INSTITUTION END AND THE WILL OF MEMBERS OF PARLİAMENT BECOMES PRIORITY

• WITH THE NEW REGULATION, OPPORTUNITY OF FETO-TYPE STRUCTURES TO WIELD POWER OVER CJP IS ELIMINATED

Phrase “High” stated in the title and first and ninth paragraphs of Article 159 of Law No. 2709 is removed from the text; the second, third, fourth and fifth paragraphs are amended as the following; phrase “regular” stated in sixth paragraph is removed from the text; the phrase “laws, regulations, by-laws and circulars” is replaced by the phrase “law and other legislations”.

The Council of Judges and Prosecutors shall be composed of thirteen members and shall comprise three chambers.

The President of the Council is the Minister of Justice. The Undersecretary to the Ministry of Justice shall be an ordinary member of the Council.

Three members of the Council shall be elected by the President from among first category civil judges and prosecutors who have not lost the qualifications required for being in first category; one member shall be elected by the President from among first category administrative law judges and prosecutors who have not lost the qualifications required for being in first category; three members shall be elected among from members of Court of Cassation, one member shall

be elected from among the members of Council of State and three members shall be elected from among members of the teaching staff in the field of law and lawyers, the qualities of whom are defined by law, by the Parliament. Of members who are elected among from teaching staff and lawyers, at least one must be a teaching staff and one must be a lawyer at least. Applications for memberships that are elected by the Parliament shall be made to Parliamentary Speaker’s Office. The Speaker’s Office shall send the applications to Joint Committee which is composed of members of Constitutional and Justice Committees. The committee shall determine three candidates for each membership by the two-thirds majority of the total number of members. In the event that nomination process is not concluded in the first ballot, three-fifths majority of the total number of members shall be required in the second ballot. In the event that candidates could not be determined in this ballot, nomination process shall be completed by lot between two candidates, who receive the highest votes, for each membership.

The Parliament shall hold elections by secret vote separately for each member from among candidates determined by the Committee. Two-thirds majority of the total number of members in the first ballot and three-fifths majority of the total number of members in the second ballot are required. In the event that any member is not elected in the second ballot, election of member shall be completed by lot between two candidates who receive the highest votes.

Members are elected for four years. Members whose terms of office expire might be elected once more.

Election of members to the Council shall be held within thirty days before the expiry of the term of office of the members. In the event that Council membership falls vacant before the elected members’ terms of office expire, election for new members shall be held within thirty days following the vacancy.

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ARTICLE 15• POWER OF DRAFTING AND SUBMITTING THE

BUDGET BILL TO PARLİAMENT IS GRANTED TO THE PRESİDENT

• THE PRESİDENTS POWER OF PROPOSING LEGISLATION TO THE PARLİAMENT WILL BE LIMITED TO THE BUDGET LAW

• THE BUDGET LAW IS DEBATED AND FINALIZED IN PARLIAMENT

• IF THE BUDGET LAW IS NOT APPROVED BY THE PARLIAMENT, INTERIM BUDGET IS PREPARED FIRST SO THAT THE GOVERNMENT HAS A BUDGET; AND IF IT IS NOT POSSIBLE, THE BUDGET OF THE PREVIOUS YEAR IS PUT INTO EFFECT AFTER BEING CONSIDERED BY A REVALUATION RATE.


A. Budget and Final Account ARTICLE 161- The expenditure of the State and of public corporations, other than state economic enterprises, shall be determined by annual budgets.

The beginning of the fiscal year and the preparation, implementation, and control of the central government budget and special periods and procedures for investments or 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 shall submit budget bill to the Parliament at least before seventy-five days from the beginning of the fiscal year. The budget bill shall be debated by the Committee on Budget. The text adopted by the Committee on Budget within fifty-five days shall thereafter be debated and concluded by the Plenary until the beginning of the fiscal year.

In the event that the budget law is not put into effect on due time, a temporary budget law shall be introduced. In the event that a temporary budget law could not be introduced, the budget of previous year shall be implemented after being increased by revaluation rate until a new budget law is adopted.

Members of the Parliament shall express their opinions in the Plenary on public administrations’ budgets during the debates on each budget; they shall not make proposals that entail an increase in expenditure or a decrease in revenue.

Public administrations’ budgets and motions for amendment shall be read out and voted without debate.

The appropriation granted by the central government budget shall indicate the limit of expenditure allowed. No provision shall be included in the budget to the effect that the limit of expenditure may be exceeded by a Presidential decree.

In proposal of amendment entailing an increase in appropriations under the budget of the current fiscal year, and in proposals entailing financial burden in the budgets of the current and following fiscal year, the financial resources to meet the stated expenditure shall be indicated.

Final accounts bills for central government shall be submitted to the Parliament by the President after six months starting from the end of the relevant fiscal year. The Court of Accounts shall submit its statement of general conformity to the Parliament within seventy-five days as 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 Parliament 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 bills shall be debated and concluded along with budget bill of the new fiscal year.

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ARTICLE 16• ADMINISTRATION OF THE PRIME MINISTER IS TO BE

ABOLISHED• POWER OF INTRODUCING BILLS IS GRANTED ONLY

TO THE MEMBERS OF PARLİAMENT • THE ARMED FORCES ARE INCLUDED INTO THE

JURISDICTION OF STATE SUPERVISORY COUNCIL • THE GENERAL COMMANDER OF THE GENDARMERIE

IS NOT A MEMBER OF NATIONAL SECURITY COUNCIL

• THE PRESİDENTIAL DECREES IS UNDER THE SUPERVISION OF CONSTITUTIONAL JURISDICTION

• MARITAL LAW IS ABOLISHED

In Law No.2709;

A) The phrase “and the Council of Ministers” stated in Article 8, the phrase “, the martial law” stated in the first paragraph of Article 15, in fourth paragraph of Article 17 and in fifth paragraph of Article 19, the phrase “the Council of Ministers and” stated in the first paragraph of Article 88, the phrase “bills and” stated in the second paragraph of the same article, the phrase “either directly or at the request of the Council of Ministers” stated in the second paragraph of Article 93, the phrase “The acts of the President of the Republic in his/her own competence, and the decisions of the Supreme Military Council are outside the scope of judicial review. Nonetheless,” stated in the second paragraph of Article 125 and the phrase “the martial law,” stated in the sixth paragraph of the same article, the phrase “, the marital law” stated in the first paragraph of Article 148, the phrase “High Military Court of Appeals, High Military Administrative Court” and the phrase “High” stated in the sixth paragraph, the phrase “and the General Commander of the Gendarmerie” stated in the seventh paragraph of the same article, the phrase “bill or” stated in the fourth paragraph of Article 153, the phrase “High” stated in the second paragraph of Article 153, the phrases of “government bills submitted by the Prime Minister and the Council of Ministers” and “examine draft regulations” stated in the second paragraph of Article 155, and the phrase “High” stated in the third paragraph of the same article are removed from the article texts.

B) The phrase “to the Council of Ministers” stated in the fourth paragraph of Article 73 is replaced by “to the President”; the title of Article 78 is amended as “D. Deferment of elections and by-elections”; the phrase “the Council of Ministers” stated in the second paragraph of Article 117 is replaced by “the President”; “the Prime Minister, the Chief of the General Staff, deputy prime ministers,” stated in the first paragraph of Article 118 is replaced by “the vice-Presidents”, the phrase “the commanders of the Land, Naval and Air Forces and the General Commander of the Gendarmerie” stated in the same paragraph is replaced by “the Chief of the General Staff, the commanders of the Land, Naval and Air Forces”, the phrase “to the Council of Ministers” stated in the third paragraph is replaced by “to the President”, and the phrase “by the Council of Ministers” by “by the President”, the phrase “Prime Minister” stated in the fourth paragraph is replaced by “the vice-Presidents”, the phrase “of the Prime Minister” stated in the fifth paragraph is replaced by “of the vice-President” and the phrase “by law” stated in the sixth paragraph is replaced by “by Presidential decree”; the phrase “only by law, or by the authority expressly granted by law” stated in the third paragraph of Article 123 is replaced by “by law or Presidential decree”; the phrase “the Prime Ministry” stated in the first paragraph of Article 124 is replaced by “the President” and the phrase “regulations” by “Presidential decrees”; the phrase “of the Council of Ministries” stated in the sixth paragraph of Article 127 is replaced by “of the President”; the phrase “to the Office of the Prime Minister” stated in the first paragraph of Article 134 is replaced by “to the minister to be commissioned by the President”; the phrase “regulations” stated in the first paragraph of Article 137 is replaced by “Presidential decree”; the phrase “decrees having the force of law” stated in the first paragraph of Article 148 is replaced by “Presidential decrees”, the phrase “members of the Council of Ministers” stated in the sixth paragraph is replaced by “vice Presidents, ministers,”; the phrase “twelve” stated in the first paragraph of Article 149 is replaced by “ten”; the phrase “decrees having the force of law” stated in the Article 150 is replaced by “Presidential decrees” and the phrase “ parliamentary groups of the ruling party or parties and of the main opposition party and the Parliament” is replaced by “to the groups of two political parties having the highest number of member at the Parliament and”; the phrases “decrees having the force of law” stated in Article 151 and the third paragraph of Article 153 are replaced by “Presidential decrees”; the phrases of “decrees having the force of law” stated in the first paragraph of Article 152 and the second paragraph of Article 153 are replaced by “Presidential decrees”; the phrase “civil, administrative and military” stated in the first paragraph of Article 158 is replaced by “civil and administrative”; the phrase “to the

47


Government” stated in the fourth paragraph of Article 166 is replaced by “to the President”; the phrase “to the Council of Ministers” stated in the second paragraph of Article 167 is replaced by “to the President”.

C) The phrase “by the absolute majority of the total number of members” is added following the phrase “the law sent back” stated in the third paragraph of Article 89; the phrase “appointed by the President” is added to the beginning of the third paragraph of Article 117.

Ç) The phrase “administrative investigation” is added before the phrase “inquiries” in the first paragraph of Article 108; the phrase “the Armed Forces and” stated in the second paragraph is removed from the text; the phrase “The members and the Chairperson from among the members… from among those with the qualifications set forth in the law” stated in the third paragraph is replaced by “Chairperson and the members”; and the phrase “by law” stated in the fourth paragraph is replaced by “by Presidential decree”.

D) The phrase “seventeen” stated in the first paragraph of the Article 146 is replaced by “fifteen” and the phrase “, one member from the High Military Court of Appeals, and one member from the High Military Administrative Court” stated in the third paragraph and the phrase “the High Military Court of Appeals, the High Military Administrative Court” stated in the fourth paragraph of the same article are annulled.

E) The second sentence of the second paragraph of Article 82, the second paragraph of Article 96, the fourth and fifth paragraphs of Article 117, the second sentence of the third paragraph of Article 127, the last sentence of the first paragraph of Article 150 and articles 91, 99, 100, 102, 107, 109, 110, 111, 112, 113, 114, 115, 120, 121, 122, 145, 156, 157, 162, 163 and 164 are annulled.

ARTICLE 17• PRESIDENTIAL AND PARLIAMENTARY ELECTIONS

ARE TO BE HELD ON NOVEMBER 3, 2019. • TERMS OF OFFICE OF THE PRESİDENT AND

PARLIAMENT SHALL CONTINUE• IF THE RESULT OF THE REFERENDUM SUCCEEDS,

THE PARLIAMENT SHALL MAKE NECESSARY LEGAL REGULATIONS AND ISSUE NEW RULES OF PROCEDURE WITHIN 6 MONTHS

• MEMBERS OF CJP SHALL BE ELECTED WITHIN 30 DAYS AND SHALL TAKE OFFICE AFTER 40TH DAY

The following provisional article is added to the Law No.2709

PROVISIONAL ARTICLE 21A) General elections for 27th legislative session of the Parliament and Presidential elections shall be held together on November 3, 2019. Terms of office of members of the Parliament and the President shall continue until the election date. In the event that the Parliament decides to hold elections, elections for 27th legislative session and Presidential elections shall be held together.

B) The Parliament shall introduce a new Rules of Procedure and other legal regulations required by amendments made by this Law within six months at the latest as of the date on when the Law is promulgated. The amendments which are to be regulated by Presidential decree shall be regulated by the President within six months at the latest as of the date on when he/she takes office.

C) In accordance with amendments made to the Article 159 of the Constitution, members of the Council of Judges and Prosecutors shall be elected within thirty days at the latest and shall take office in the first weekday following the fortieth day as of the date when this Law enters into force. Applications shall be made to the Speaker’s Office of the Parliament within five days as of the date when this Article enters into force. The Speaker’s Office shall send the applications to Joint Committee which is composed of members of committees on Constitution and Justice. The

48 49


committee shall determine three candidates for each membership by the two-thirds majority of the total number of members within ten days. In the event that nomination process is not concluded by the two-thirds majority in the first ballot, the second and third voting shall be taken; the candidate who gets the votes of three-fifths of the total number of members shall be elected. In the event of failure in constituting the three-fifths majority, nomination process shall be completed by lot for each membership between candidates who receive the highest votes in the third ballot and the number of whom doubles the amount of members to be elected. The Plenary of the Parliament shall finalize the election within fifteen days by observing the same procedures and quorum.

The present members of the High Council of Judges and Prosecutors shall continue to be on duty until new members take office and shall work in accordance with provisions of the laws in force during that period. New members shall work in accordance with provisions of the current laws that do not conflict with the Constitution until amendments are made in relevant law. Of the members whose terms of office expire and who are not re-elected to the Council of Judges and Prosecutors, those who are elected from among judges and public prosecutors of civil judiciary shall be elected for membership of Court of Cassation and those who are elected from among judges and public prosecutors of administrative judiciary shall be elected for membership of the Council of State by the Council of Judges and Prosecutors upon their requests; and those who are elected from among teaching staff and lawyers shall be appointed as member of the Council of State by the President. In such elections and appointments, it is not taken into consider whether there is vacant post or not; new posts shall be added to Court of Cassation and Council of State as many as the number of the appointed and elected members.

D) Membership of those who have been elected member of Constitutional Court from the High Military Court of Appeals and the High Military Administrative Court shall continue until duties end for any reason.

E) The High Military Court of Appeals, High Military Administrative Court and military court are annulled as of effective date of the this Law. Within four months as of effective date of this law; President, Chief Public Prosecutor, Vice President and members, and other military judges (except for reserve officers), who are military judges, considering their choices and acquired rights:

I) might be appointed as judge or prosecutor in civil or administrative judiciary by the Council of Judges and Prosecutors.

II) shall be appointed to posts of legal services of Ministry of National Defence and the General Staff by the Ministry by way of applying provisions for civil or administrative law judges and prosecutors which in terms of salaries, additional indicators, allowances, judicial allowances, subsidiary payment, and social and financial rights and subsidies, and by way of continuing to apply the provisions of legislation effective on the date of this Law’s entry into force in terms of liabilities other than above-mentioned ones. The rules and procedures regarding compensations to be paid to those who are entitled to pension and who leave their post at own request before retiring due to age limit shall be regulated by law.

Of those files that are being heard within the jurisdiction of military authorities which are annulled, the files which are at the stage of examining the right to appeal shall be referred to either the Court of Cassation or the Council of State by the relevance; other files shall be referred to relevant and competent civil or administrative law authorities within four months.

F) Decrees having the force of law, regulations, by-laws issued by Prime Ministry and the Council of Ministers and other regulatory acts which are effective on the date of this Law’s entry into force shall be valid unless they are rescinded. Articles 152 sand 153 shall continue to be applied regarding the decrees having the force of law in effect.

G) Laws, other legislations and the powers granted to the Prime Ministry and the Council of Ministers shall be exercised by the President until amendments are made to the relevant legislation.

H) Provision of the last paragraph of Article 67 of the Constitution shall not be applied to first general elections and Presidential elections to be held after this Law enters into force.

50

Presidential Government System

ARTICLE 18• WHILE SOME PROVISIONS IN THIS AMENDMENT

PACKAGE ENTER INTO FORCE ON THE DATE WHEN THE FIRST ELECTIONS ARE HELD, OTHERS GO INTO FORCE WHEN THE ELECTION CALENDAR STARTS.

• THE PRESIDENT COULD BE MEMBER OF A POLITICAL PARTY AS SOON AS CONSTITUTIONAL AMENDMENTS ARE PUBLISHED IN THE OFFICIAL GAZETTE.

By this Law regarding to the Constitution;

a) Amendments in articles 8, 15, 17, 19, 73, 82, 87, 88, 89, 91, 93, 96, 98, 99, 100, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 and repeal of the second and third paragraphs of Article 114, amendments in articles 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 and 125 and amendment in the last paragraph of Article 127; amendments in articles 131, 134, 137; amendment in the first paragraph of Article 148 and amendment regarding to the phrase “members of the Council of Ministers” in the sixth paragraph of the same article; amendments in articles 150, 151, 152, 153 and second paragraph of Article 155; and the amendments in articles 161, 162, 163, 164, 166 and 167 and paragraphs (F) and (G) of Provisional Article 21 shall come into force when the President takes office as a result of elections to the Parliament and Presidency which are held together; if a referendum is hold, it shall be voted as a whole

b) Amendments in articles 75, 77, 101 and 102 shall into force when election calendar regarding elections to the Parliament and Presidency which are held together starts; if a referendum is hold, it shall be voted as a whole

c) Other amended provisions and repeal of the phrase “ties of President-elect with a party, if there are, shall be severed” stated in the last paragraph of Article 101 shall come into force when they are published; if a referendum is hold, it shall be voted as a whole.

NOTE

NOTE

Documents

10 - AKPARTİ · through Presidential decree 10. ... Presidential Government System Presidential Government System Martial law shall be annulled and State