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EnglishWhat are Turkey's constitutional reform articles?
2017-01-26 12:21 GMT
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Fact-Checking Turkey provides translation of articles of Turkey's constitutional reform
The Grand National Assembly of Turkey
On 17 January 2017, a constitutional reform bill consisting of 18 articles was presented to the Grand National Assembly of Turkey (TBMM). The proposed bill includes an amendment in Turkey's governance system. The parliament passed the bill which foresaw a presidential system for Turkey, removing the current parliamentary system. Proponents of presidency see the current parliamentary system as the underlying reason for the long-term political and economic instability in Turkey. By contrast, opponents of the bill think that it will amount to an authoritarian rule.
The bill has been widely debated on TV shows and in newspaper columns. Yet a full translation of it was mostly absent from the international media. Hence, Fact-Checking Turkey provides the translation of the bill.
| # | ARTICLES |
| Article 8 | The prime ministry and the council of ministers are repealed. The executive power and responsibility belongs to the president. |
| Article 9 | The judiciary is required to act on condition of impartially. |
| Article 75 | The number of seats in the Grand National Assembly of Turkey will be raised from 550 to 600. |
| Article 76 | The age requirement to stand as a candidate in an election was lowered from 25 to 18, while the condition of having to complete compulsory military service was removed. Individuals with relations to the military are ineligible to run for election. |
| Article 77 | Parliamentary terms are extended from four to five years. There is no term limit for MPs. Parliamentary and presidential elections will be held on the same day every five years, with presidential elections going to a run-off if no candidate wins a simple majority in the first round. |
| Article 87 | Parliament is the sole institution that makes, changes and removes laws. It also decides to print money, to declare war and to give consent to the signature of international treaties. |
| Article 98 | Parliament exercises its authority of inspection over the executive through parliamentary research, general discussion, parliamentary investigation and written question. |
| Article 101 | In order to stand as a presidential candidate, an individual requires the endorsement of one or more parties that won 5% or more separately or together in the preceding parliamentary elections or of 100,000 voters. The president no longer needs to terminate their party membership if they have one. |
| Article 104 | The president is the head of state and is entitled to appoint and sack ministers, vice presidents, top diplomats and public servants. The president can call referendums and issue decrees to regulate the executive. But decrees cannot relate to the fundamental rights and duties, and the political rights and duties stipulated in the constitution. The president cannot issue decrees on issues that the constitution says will be specifically regulated in code. Issues which are conspicuously regulated by code are also exempt from presidential decrees. When a code and a presidential decree have different prescriptions, that of the code applies. A presidential decree is annulled when parliament issues a code on the same subject as the decree. The president signs and publishes international treaties. |
| Article 105 | Parliamentary investigations into possible crimes committed by the president can begin in parliament with a three-fifths vote in favour. Following the completion of investigations, the parliament can vote to indict the president with a two-thirds vote in favour. The president cannot renew the elections while being investigated. |
| Article 106 | The president can appoint one or more vice presidents. If the presidency falls vacant, then fresh presidential elections must be held within 45 days. If parliamentary elections are due within less than a year, then they too are held on the same day as early presidential elections. If the parliament has over a year left before its term expires, then the newly elected president serves until the end of the parliamentary term, after which both presidential and parliamentary elections are held. This does not count towards the President's two-term limit. Parliamentary investigations into possible crimes committed by vice presidents and ministers can begin in parliament with a three-fifths vote in favour. Following the completion of investigations, the parliament can vote to indict vice presidents or ministers with a two-thirds vote in favour. If found guilty, the vice president or minister in question is only removed from office if their crime is one that bars them from running for election. If a sitting MP is appointed as a minister or vice president, their parliamentary membership is terminated. The establishment and removal of ministries is prescribed by presidential decrees. |
| Article 116 | Both the president and parliament can renew the elections. If president decides on the renewal of the elections, their presidency will be over as well. Parliament can decide on the renewal of the elections by three-fifths (360) of the deputies. In either case, presidential and parliamentary elections will be held jointly. |
| Article 119 | The ability to declare a state of emergency, for no more than six months, is given to the President, taking effect following parliamentary approval. States of emergency can be extended for up to four months at a time except during war, where the state of emergency is indefinite. Parliament has the right to shorten or extend the period of a state of emergency as well as to remove it. |
| Article 142 | Military courts are abolished except for wartime. |
| Article 159 | The Supreme Board of Judges and Prosecutors' (HSYK) shortened form is now HSK, with the word "supreme" being dropped. Members of the Board of Judges and Prosecutors (HSK) are appointed by the president and parliament. HSK consists of 13 members and works two departments. The Minister of Justice and the Undersecretary are ordinary members of the board. Of the remaining 11 members, parliament elects 7 while the president appoints 4 members. The members serves for four years and might be appointed once more. |
| Article 161 | The president is supposed to present a budget proposal to parliament at least 75 days before the new financial year begins. Parliament gives the final decision on the budget. |