{ Adopted in: 1982 }
{ ICL Document Status: Dec 2002 }
{ Editor's Note:
The ICL edition is based on the text published by the Ministry
of Foreign Affairs. At least some amendments have been considered
for that text, but the document does not state if all amendments until 2004
have been incorporated. However, a different translation (reflecting
the same changes) has been published as a consolidated document up to and
including the major amendment of 17 Oct 2001 as well as a provisional article
of 27 Dec 2002 on the Parliament
Server. Therefore, we use Dec 2002 as the current status date.
Paragraph numbers, cross-references and article titles have been added for
the purpose of this edition. The article titles have been taken from
the titles preceding those articles in the text officially published by the
Minstry; therefore, we have not added square brackets. }
Preamble
In line with the concept of nationalism outlined and the reforms and principles
introduced by the founder of the Republic of Turkey, Atatürk, the
immortal leader and the unrivaled hero, this Constitution, which affirms the
eternal existence of the Turkish nation and motherland and the indivisible unity
of the Turkish State, embodies;
The determination to safeguard the everlasting existence, prosperity and material
and spiritual well-being of the Republic of Turkey and to attain the standards
of contemporary civilization as an honourable member with equal rights of the
family of world nations;
The understanding of the absolute supremacy of the will of nation and of the
fact that sovereignty is vested fully and unconditionally in the Turkish nation
and that no individual or body empowered to exercise this sovereignty in the
name of the nation shall deviate from liberal democracy and the legal system
instituted according to its requirements;
The principle of the separation of powers, which does not imply an order of
precedence among the organs of State but refers solely to the exercising of
certain State powers and discharging duties, which are limited to cooperation
and division of functions, and which accepts the supremacy of the Constitution
and the law;
The recognition that no protection shall be afforded to thoughts or opinions
contrary to Turkish national interests, the principle of the indivisibility
of the existence of Turkey with its State and territory, Turkish historical
and moral values or the nationalism, principles, reforms and modernism of Atatürk
and that, as required by the principle of secularism, there shall be no interference
whatsoever of the sacred religious feelings in State affairs and politics;
The understanding that it is the birthright of every Turkish citizen to lead
an honourable life and to develop his material and spiritual resources under
the aegis of national culture, civilization and the rule of law, through the
exercise of the fundamental rights and freedoms set forth in this Constitution
in conformity with the requirements of equality and social justice;
The recognition that all Turkish citizens are united in national honour and
pride, in national joy and grief, in their rights and duties towards their existence
as a nation, in blessings and in burdens, and in every manifestation of national
life, and that they have the right to demand a peaceful life based on absolute
respect for one another's rights and freedoms, mutual love and fellowship and
the desire for, and belief in, "peace at home, peace in the world";
This Constitution, which is to be understood to embody the ideas, beliefs, and
resolutions set forth below should be interpreted and implemented accordingly
commanding respect for, and absolute loyalty to, its letter and spirit,
Is entrusted for safekeeping by the Turkish nation to the patriotism and nationalism
of its democracy-loving sons and daughters.
Article 1 Form of State
The Turkish State is a Republic.
Article 2 Characteristics of the Republic
The Republic of Turkey is a democratic, secular and social State governed by
the rule of law; bearing in mind the concepts of public peace, national solidarity
and justice; respecting human rights; loyal to the nationalism of Atatürk,
and based on the fundamental tenets set forth in the Preamble.
Article 3 Integrity of the State, Official Language,
Flag, National Anthem, and Capital
(1) The Turkish State, with its territory and nation, is an indivisible entity.
Its language is Turkish.
(2) Its flag, the form of which is prescribed by the relevant law, is composed
of a white crescent and star on a red background.
(3) Its national anthem is the "Independence March".
(4) Its capital is Ankara.
Article 4 Irrevocable Provisions
The provision of Article 1 of the Constitution establishing
the form of the State as a Republic, the provisions in Article 2
on the characteristics of the Republic, and the provision of Article 3
shall not be amended, nor shall their amendment be proposed.
Article 5 Fundamental Aims and Duties of the State
The fundamental aims and duties of the State are; to safeguard the independence
and integrity of the Turkish Nation, the indivisibility of the country, the
Republic and democracy; to ensure the welfare, peace, and happiness of the individual
and society; to strive for the removal of political, social and economic obstacles
which restrict the fundamental rights and freedoms of the individual in a manner
incompatible with the principles of justice and of the social State governed
by the rule of law; and to provide the conditions required for the development
of the individual's material and spiritual existence.
Article 6 Sovereignty
(1) Sovereignty is vested in the nation without reservation or condition.
(2) The Turkish Nation shall exercise its sovereignty through the authorised
organs as prescribed by the principles laid down in the Constitution.
(3) The right to exercise sovereignty shall not be delegated to any individual,
group or class. No person or agency shall exercise any State authority
which does not emanate from the Constitution.
Article 7 Legislative Power
Legislative power is vested in the Turkish Grand National Assembly on behalf
of the Turkish Nation. This power cannot be delegated.
Article 8 Executive Power and Function
Executive power and function shall be exercised and carried out by the President
of the Republic and the Council of Ministers in conformity with the Constitution
and the law.
Article 9 Judicial Power
Judicial power shall be exercised by independent courts on behalf of the Turkish
Nation.
Article 10 Equality Before the Law
(1) All individuals are equal without any discrimination before the law, irrespective
of language, race, colour, sex, political opinion, philosophical belief, religion
and sect, or any such considerations.
(2) No privilege shall be granted to any individual, family, group or class.
(3) State organs and administrative authorities shall act in compliance with
the principle of equality before the law in all their proceedings.
Article 11 Supremacy and Binding Force of the Constitution
(1) The provisions of the Constitution are fundamental legal rules binding upon
legislative, executive and judicial organs, and administrative authorities and
other agencies and individuals.
(2) Laws shall not be in conflict with the Constitution.
Article 12 Nature of Fundamental Rights and Freedoms
(1) Everyone possesses inherent fundamental rights and freedoms which are inviolable
and inalienable.
(2) The fundamental rights and freedoms also include the duties and responsibilities
of the individual towards society, his family, and other individuals.
Article 13 Restriction of Fundamental Rights and Freedoms
(1) Fundamental rights and freedoms may be restricted by law, in conformity
with the letter and spirit of the Constitution, with the aim of safeguarding
the indivisible integrity of the State with its territory and nation, national
sovereignty, the Republic, national security, public order, general peace, the
public interest, public morals and public health, and also for specific reasons
set forth in the relevant Articles of the Constitution.
(2) General and specific grounds for restrictions of fundamental rights and
freedoms shall not conflict with the requirements of the democratic order of
society and shall not be imposed for any purpose other than those for which
they are prescribed.
(3) The general grounds for restriction set forth in this article shall apply
for all fundamental rights and freedoms.
Article 14 Prohibition of Abuse of Fundamental Rights
and Freedoms
(1) None of the rights and freedoms embodied in the Constitution shall be exercised
with the aim of violating the indivisible integrity of the State with its territory
and nation, of endangering the existence of the Turkish State and Republic,
of destroying fundamental rights and freedoms, of placing the government of
the State under the control of an individual or a group of people, or establishing
the hegemony of one social class over others, or creating discrimination on
the basis of language, race, religion or sect, or of establishing by any other
means a system of government based on these concepts and ideas.
(2) The sanctions to be applied against those who violate these prohibitions,
and those who incite and provoke others to the same end shall be determined
by law.
(3) No provision of this Constitution shall be interpreted in a manner that
would grant the right of destroying the rights and freedoms embodied in the
Constitution.
Article 15 Suspension of the Exercise of Fundamental
Rights and Freedoms
(1) In times of war, mobilisation, martial law, or state of emergency, the exercise
of fundamental rights and freedoms can be partially or entirely suspended, or
measures may be taken, to the extent required by the exigencies of the situation,
which derogate the guarantees embodied in the Constitution, provided that obligations
under international law are not violated.
(2) Even under the circumstances indicated in the first paragraph, the individual's
right to life, and the integrity of his material and spiritual entity shall
be inviolable except where the death sentence has been decided upon; no one
may be compelled to reveal his religion, conscience, thought or opinion, nor
be accused on account of them; offences and penalties may not be made retroactive,
nor may anyone be held guilty until so proven by a court judgment.
Article 16 Status of Aliens
The fundamental rights and freedoms of aliens may be restricted by law in a
manner consistent with international law.
Article 17 Personal Inviolability, Material and Spiritual
Entity of the individual
(1) Everyone has the right to life and the right to protect and develop his
material and spiritual entity.
(2) The physical integrity of the individual shall not be violated except under
medical necessity and in cases prescribed by law; he shall not be subject to
scientific or medical experiments without his consent.
(3) No one shall be subjected to torture or ill-treatment; no one shall be subjected
to penalties or treatment incompatible with human dignity.
(4) Cases of carrying out death penalties under court sentences, the act of
killing in self-defense, occurrences of death as a result of the use of a weapon
permitted by law as a necessary measure in cases of: apprehension, or the execution
of warrants of arrest, the prevention of escape of lawfully arrested or convicted
persons, the quelling of a riot or insurrection, the execution of the orders
of authorized bodies during martial law or state of emergency are outside of
the provision of paragraph 1.
Article 18 Prohibition of Forced Labour
(1) No one shall be required to perform forced labour. Unpaid compulsory work
is prohibited.
(2) The term forced labour does not include work required of an individual while
serving a court sentence or under detention, services required from citizens
during a state of emergency, and physical or intellectual work necessitated
by the requirements of the country as a civic obligation, provided that the
form and conditions of such labour are prescribed by law.
Article 19 Personal Liberty and Security
(1) Everyone has the right to liberty and security of person.
(2) No one shall be deprived of his liberty except in the following cases where
procedure and conditions are prescribed by law: execution of sentences restricting
liberty and the implementation of security measures decided by court order or
as a result of an obligation upon him designated by law; execution of an order
for the purpose of the educational supervision of a minor or for bringing him
before the competent authority; execution of measures taken in conformity with
the relevant legal provision for the treatment, education or correction in institutions
of a person of unsound mind, an alcoholic or drug addict or vagrant or a person
spreading contagious diseases, when such persons constitute a danger to the
public, apprehension or detention of a person who enters or attempts to enter
illegally into the country or concerning whom a deportation or extradition order
has been issued.
(3) Individuals against whom there are strong indications of having committed
an offence can be arrested by decision of a judge solely for the purposes of
preventing escape, or preventing the destruction or alteration of evidence as
well as in similar other circumstances which necessitate detention and are prescribed
by law. Apprehension of a person without a decision by a judge shall be resorted
to only in cases when a person is caught in the act of committing an offence
or in cases where delay is likely to thwart justice; the conditions for such
apprehension shall be defined by law.
(4) Individuals arrested or detained shall be promptly notified, and in all
cases in writing, or orally, when the former is not possible, of the grounds
for their arrest or detention and the charges against them; in cases of offences
committed collectively this notification shall be made, at the latest, before
the individual is brought before a judge.
(5) The person arrested or detained shall be brought before a judge within forty-eight
hours and within fifteen days in the case of offences committed collectively,
excluding the time taken to send him to the court nearest to the place of arrest.
No one can be deprived of his liberty without the decision of a judge after
the expiry of the above specified periods. These periods may be extended during
a state of emergency, under martial law or in time of war.
(6) Notification of the situation of the person arrested or detained shall be
made to the next of kin, except in cases of definite necessity pertaining to
the risks of revealing the scope and subject of the investigation compelling
otherwise.
(7) Persons under detention shall have the right to request to be tried within
a reasonable time or to be released during investigation or prosecution. Release
may be made conditional to the presentation of an appropriate guarantee with
a view to securing the presence of the person at the trial proceedings and the
execution of the court sentence.
(8) Persons deprived of their liberty under any circumstances are entitled to
apply to the appropriate judicial authority for speedy conclusion of proceedings
regarding their situation and for their release if the restriction placed upon
them is not lawful.
(9) Damages suffered by persons subjected to treatment contrary to the above
provisions shall be compensated for according to law, by the State.
Article 20 Privacy of the Individual's Life
(1) Everyone has the right to demand respect for his private and family life.
Privacy of individual and family life cannot be violated. exceptions necessitated
by judiciary investigation and prosecution are reserved.
(2) Unless there exists a decision duly passed by a judge in cases explicitly
defined by law, and unless there exists an order of an agency authorised by
law in cases where delay is deemed prejudicial, neither the person nor the private
papers, nor belongings of an individual shall be searched nor shall they be
seized.
Article 21 Inviolability of Domicile
(1) The domicile of an individual shall not be violated.
(2) Unless there exists a decision duly passed by a judge in cases explicitly
defined by law, and unless there exists an order of an agency authorised by
law in cases where delay is deemed prejudicial, no domicile may be entered or
searched, or the property therein seized.
Article 22 Freedom of Communication
(1) Everyone has the right to freedom of communication.
(2) Secrecy of communication is fundamental.
(3) Communication shall not be impeded nor its secrecy be violated, unless there
exists a decision duly passed by a judge in cases explicitly defined by law,
and unless there exists an order of an agency authorised by law in cases where
delay is deemed prejudicial.
(4) Public establishments or institutions where exceptions to the above may
be applied will be defined by law.
Article 23 Freedom of Residence and Movement
(1) Everyone has the right to freedom of residence and movement.
(2) Freedom of residence may be restricted by law for the purpose of preventing
offences, promoting social and economic development, ensuring sound and orderly
urban growth, and protecting public property; freedom of movement may be restricted
by law for the purpose of investigation and prosecution of an offence, and prevention
of offences. A citizen's freedom to leave the country may be restricted on account
of the national economic situation, civic obligations, or criminal investigation
or prosecution.
(3) Citizens may not be deported, or deprived of their right of entry into their
homeland.
Article 24 Freedom of Religion and Conscience
(1) Everyone has the right to freedom of conscience, religious belief and conviction.
(2) Acts of worship, religious services, and ceremonies shall be conducted freely,
provided that they do not violate the provisions of Article 14.
(3) No one shall be compelled to worship, or to participate in religious ceremonies
and rites, to reveal religious beliefs and convictions, or be blamed or accused
because of his religious beliefs and convictions.
(4) Education and instruction in religion and ethics shall be conducted under
State supervision and control. Instruction in religious culture and moral education
shall be compulsory in the curricula of primary and secondary schools. Other
religious education and instruction shall be subject to the individual's own
desire, and in the case of minors, to the request of their legal representatives.
(5) No one shall be allowed to exploit or abuse religion or religious feelings,
or things held sacred by religion, in any manner whatsoever, for the purpose
of personal or political influence, or for even partially basing the fundamental,
social, economic, political, and legal order of the State on religious tenets.
Article 25 Freedom of Thought and Opinion
(1) Everyone has the right to freedom of thought and opinion.
(2) No one shall be compelled to reveal his thoughts and opinions for any reason
or purpose, nor shall anyone be blamed or accused on account of his thought
and opinions.
Article 26 Freedom of Expression and Dissemination
of Thought
(1) Everyone has the right to express and disseminate his thoughts and opinion
by speech, in writing or in pictures or through other media, individually or
collectively. This right includes the freedom to receive and impart information
and ideas without interference from official authorities. This provision shall
not preclude subjecting transmission by radio, television, cinema, and similar
means to a system of licencing.
(2) The exercise of these freedoms may be restricted for the purposes of preventing
crime, punishing offenders, withholding information duly classified as a State
secret, protecting the reputation and rights and the private and family life
of others, or protecting professional secrets as prescribed by law, or ensuring
the proper functioning of the judiciary.
(3) No language prohibited by law shall be used in the expression and dissemination
of thought. Any written or printed documents, phonograph records, magnetic or
video tapes, and other means of expression used in contravention of this provision
shall be seized by a duly issued decision of a judge or, in cases where delay
is deemed prejudicial, by the competent authority designated by law. The authority
issuing the seizure order shall notify the competent judge of its decision within
twenty-four hours. The judge shall decide on the matter within three days.
(4) Provisions regulating the use of means of disseminating information and
ideas shall hot be interpreted as a restriction of freedom of expression and
dissemination unless they prevent the dissemination of information and thought.
Article 27 Freedom of Science and Arts
(1) Everyone has the right to study and teach freely, explain, and disseminate
science and arts and to carry out research in these fields.
(2) The right to disseminate shall not be exercised for the purpose of changing
the provisions of Articles 1, 2 and 3 of this Constitution.
(3) The provisions of this article shall not preclude regulation by law of the
entry and distribution of foreign publications in the country.
Article 28 Freedom of the Press
(1) The press is free, and shall not be censored. The establishment of a printing
house shall not be subject to prior permission or the deposit of a financial
guarantee.
(2) Publication shall not be made in any language prohibited by law.
(3) The State shall take the necessary measures to ensure the freedom of the
press and freedom of information.
(4) In the limitation of freedom of the press, Articles 26 and 27 of the Constitution
are applicable.
(5) Anyone who writes or prints any news or articles which threaten the internal
or external security of the State or the indivisible integrity of the State
with its territory and nation, which tend to incite offence, riot or insurrection,
or which refer to classified State secrets and anyone who prints or transmits
such news or articles to others for the above purposes, shall be held responsible
under the law relevant to these offences. Distribution may be suspended as a
preventive measure by the decision of a judge, or in the event delay is deemed
prejudicial, by the competent authority designated by law. The authority suspending
distribution shall notify a competent judge of its decision within twenty-four
hours at the latest. The order suspending distribution shall become null and
void unless upheld by a competent judge within forty-eight hours at the latest.
(6) No ban shall be placed on the reporting of events, except by the decision
of judge issued to ensure proper functioning of the judiciary, within the limits
specified by law.
(7) Periodical and non-periodical publications may be seized by a decision of
a judge in cases of ongoing investigation or prosecution of offences prescribed
by law, and, in situations where delay could endanger the indivisible integrity
of the State with its territory and nation, national security, public order
or public morals and for the prevention of offence by order of the competent
authority designated by law. The authority issuing the seizure order shall notify
a competent judge of its decision within twenty-four hours at the latest. The
seizure order shall become null and void unless upheld by the competent court
within forty-eight hours at the latest.
(8) The general common provisions shall apply when seizure and confiscation
of periodicals and non-periodicals for reasons of criminal investigation and
prosecution take place.
(9) Periodicals published in Turkey may be temporarily suspended by court sentence
if found guilty of publishing material which contravenes the indivisible integrity
of the State with its territory and nation, the fundamental principles of the
Republic, national security and public morals. Any publication which clearly
bears the characteristics of being a continuation of a suspended periodical
is prohibited; and shall be seized following a decision by a competent judge.
Article 29 Right to Publish Periodicals and Non-periodicals
(1) Publication of periodicals or non-periodicals shall not be subject to prior
authorisation or the deposit of a financial guarantee.
(2) To publish a periodical it shall suffice to submit the information and documents
prescribed by law to the competent authority designated by law. If the information
and documents submitted are found to be in contravention of law, the competent
authority shall apply to the appropriate court for suspension of publication.
(3) The publication of periodicals, the conditions of publication, the financial
resources and rules relevant to the profession of journalism shall be regulated
by law. The law shall not impose any political, economic, financial, and technical
conditions, obstructing or making difficult the free dissemination of news,
thought, or beliefs.
(4) Periodicals shall have equal access to the means and facilities of the State,
other public corporate bodies, and their agencies.
Article 30 Protection of Printing Facilities
A printing press or its annexes duly established as a publishing house under
law shall not be seized, confiscated, or barred from operation on the grounds
of being an instrument of crime, except in cases where it is convicted of offences
against the indivisible integrity of the State with its territory and nation,
against the fundamental principles of the Republic or against national security.
Article 31 Right to Use Mass Media Other Than the Press
Owned by Public Corporations
(1) Individuals and political parties have the right to use mass media and means
of communication other than the press owned by public corporations. The conditions
and procedures for such use shall be regulated by law.
(2) The law shall not impose restrictions preventing the public from receiving
information or forming ideas and opinions through these media, or preventing
public opinion from being freely formed, on grounds other than the general restrictions
set forth in Article 13.
Article 32 Right of Rectification and Reply
(1) The right of rectification and reply shall be accorded only in cases where
personal reputation and honour is attacked or in cases of unfounded allegation
and shall be regulated by law.
(2) If a rectification or reply is not published, the judge will decide, within
seven days of appeal by the individual involved, whether or not this publication
is required.
Article 33 Freedom of Association
(1) Everyone has the right to form associations without prior permission.
(2) Submitting the information and documents stipulated by law to the competent
authority designated by law shall suffice to enable an association to be formed.
If the information and documents submitted are found to contravene the law,
the competent authority shall apply to the appropriate court for the suspension
of activities or dissolution of the association involved.
(3) No one shall be compelled to become or remain a member of an association.
The formalities, conditions, and procedures governing the exercise of freedom
of association shall be prescribed by law.
(4) Associations may be dissolved or suspended from activity by decision of
judge in cases prescribed by law. In cases where delay endangers national security
or public order and in cases where it is necessary to prevent the perpetration
or the continuation of a crime or to effect apprehension, an authority designated
by law may be vested with power to suspend the association from activity. The
decision of this authority shall be submitted for approval to the judge in charge
within twenty-four hours. Unless the judge declares a decision within forty-eight
hours, this administrative decision shall be annulled automatically.
(5) Provisions of the first paragraph shall not prevent the imposition of restrictions
on the rights of armed forces and security forces officials and civil servants
to the extent that the duties of civil servants so require.
(6) The provisions of this article are also applicable to foundations.
Article 34 Right to Hold Meetings and Demonstration
Marches
(1) Everyone has the right to hold unarmed and peaceful meetings and demonstration
marches without prior permission.
(2) The competent administrative authority may determine a site and route for
the demonstration march in order to prevent disruption of order in urban life.
(3) The formalities, conditions, and procedures governing the exercise of the
right to hold meetings and demonstration marches shall be prescribed by law.
(4) The competent authority designated by law may prohibit a particular meeting
and demonstration march, or postpone it for not more than two months in situations
where there is a strong possibility that disturbances may arise which would
seriously upset public order, where the requirement of national security may
be violated, or where acts aimed at destroying the fundamental characteristics
of the Republic may be committed. In cases where the law forbids all meetings
or demonstration marches in districts of a province for the same reasons, the
postponement may not exceed three months.
(5) Associations, foundations, labour unions, and public professional organisations
shall not hold meetings or demonstration marches exceeding their own scope and
aims.
Article 35 Right of Property
(1) Everyone has the right to own and inherit property.
(2) These rights may be limited by law only in view of public interest.
(3) The exercise of the right to own property shall not be in contravention
of the public interest.
Article 36 Freedom to Claim Rights
(1) Everyone has the right of litigation either as plaintiff or defendant before
the courts through lawful means and procedure.
(2) No court shall refuse to hear a case within its jurisdiction.
Article 37 Guarantee of Lawful Judgement
(1) No one may be tried by any judicial authority other than the legally designated
court.
(2) Extraordinary tribunals with jurisdiction that would in effect remove a
person from the jurisdiction of his legally designated court shall not be established.
Article 38 Principles Relating to Offences and Penalties
(1) No one shall be punished for any act which does not constitute a criminal
offence under the law in force at the time committed; no one shall be given
a heavier penalty for an offence other than the penalty applicable at the time
when the offence was committed.
(2) The provisions of the above paragraph shall also apply to the statute of
limitations on offences and penalties and one the results of conviction.
(3) Penalties, and security measures in lieu of penalties, shall be prescribed
only by law.
(4) No one shall be held guilty until proven guilty in a court of law.
(5) No one shall be compelled to make a statement that would incriminate himself
or his legal next of kin, or to present such incriminating evidence.
(6) Criminal responsibility shall be personal.
(7) General confiscation shall not be imposed as a penalty.
(8) The Administration shall not impose any sanction resulting in restriction
of personal liberty. Exceptions to this provision may be introduced by law regarding
the internal order of the Armed Forces.
(9) No citizen shall be extradited to a foreign country on account of an offence.
Article 39 Right to Prove an Allegation
In libel and defamation suits involving allegations against persons in the public
service in connection with their functions or services, the defendant has the
right to prove the allegations. A plea for presenting proof shall not be granted
in any other case unless proof would serve the public interest or unless the
plaintiff consents.
Article 40 Protection of Fundamental Rights and Freedoms
(1) Everyone whose constitutional rights and freedoms have been violated has
the right to request prompt access to the competent authorities.
(2) Damages incurred by any person through unlawful treatment by holders of
public office shall be compensated by the State. The State reserves the right
of recourse to the official responsible.
Article 41 Protection of the Family
(1) The family is the foundation of Turkish society.
(2) The State shall take the necessary measures and establish the necessary
organisation to ensure the peace and welfare of the family, especially the protection
of the mother and children and for family planning education and application.
Article 42 Right and Duty of Training and Education
(1) No one shall be deprived of the right of learning and education.
(2) The scope of the right to education shall be defined and regulated by law.
(3) Training and education shall be conducted along the lines of the principles
and reforms of Atatürk, on the basis of contemporary science and educational
methods, under the supervision and control of the State. Institutions of training
and education contravening these provisions shall not be established.
(4) The freedom of training and education does not relieve the individual from
loyalty to the Constitution.
(5) Primary education is compulsory for all citizens of both sexes and is free
of charge in State schools.
(6) The principles governing the functioning of private primary and secondary
schools shall be regulated by law in keeping with the standards set for State
schools.
(7) The State shall provide scholarships and other means of assistance to enable
students of merit lacking financial means to continue their education. The State
shall take necessary measures to rehabilitate those in need of special training
so as to render such people useful to society.
(8) Training, education, research, and study are the only activities that shall
be pursued at institutions of training and education. These activities shall
not be obstructed in any way.
(9) No language other than Turkish shall be taught as a mother tongue to Turkish
citizens at any institutions of training or education. Foreign languages to
be taught in institutions of training and education and the rules to be followed
by schools conducting training and education in a foreign language shall be
determined by law. The provisions of international treaties are reserved.
Article 43 Utilisation of the Coasts
(1) The coasts are under the sovereignty and at the disposal of the State.
(2) In the utilisation of sea coasts, lake shores or river banks, and of the
coastal strip along the sea and lakes, public interest shall be taken into consideration
with priority.
(3) The width of coasts, and coastal strips to be determined according to the
purpose of utilization. and the conditions and possibilities of such utilization
by individuals shall be determined by law.
Article 44 Land Ownership
(1) The State shall take the necessary measures to maintain and develop efficient
land cultivation, to prevent its loss through erosion, and to provide land to
farmers with insufficient land of their own, or no land. For this purpose, the
law may define the size of appropriate land units, according to different agricultural
regions and types of farming. Providing of land to farmers with no or insufficient
land shall not lead to a fall in production, or to the depletion of forests
and other land and underground resources.
(2) Lands distributed for this purpose shall neither be divided nor be transferred
to others, except through inheritance, and shall be cultivated only by the farmers
to whom the lands have been distributed, and their heirs. The principles relating
to the recovery by the State of the land thus distributed in the event of loss
of these conditions shall be prescribed by law.
Article 45 Protection of Agriculture, Animal Husbandry,
and Persons Engaged in These Activities
(1) The State assists farmers and livestock breeders in acquiring machinery,
equipment and other inputs in order to prevent improper use and destruction
of agricultural land, meadows and pastures and to increase crop and livestock
production in accordance with the principles of agricultural planning.
(2) The State shall take necessary measures to promote the values of crop and
livestock products, and to enable growers and producers to be paid the real
value of their products.
Article 46 Expropriation
(1) The State and public corporations shall be entitled, where the public interest
requires it, to expropriate privately owned real estate wholly or in part or
impose administrative servitude on it in accordance with the principles and
procedures prescribed by law, provided that compensation is paid in advance.
(2) The method and procedure for calculating compensation for expropriation
shall be prescribed by law. In determining the compensation, the law shall take
into account tax declarations, current value established by official assessment
at the time of expropriation, unit prices and construction costs for real estate,
and other objective criteria.
(3) The procedure for taxing and difference between the sum due in compensation
and the value declared in the tax declaration shall be prescribed by law.
(4) Compensation shall be paid in cash and in advance. However, the procedure
to be applied in paying compensation for land expropriated in order to carry
out land reform, major energy and irrigation projects, and housing and resettlement
schemes and afforestation, and to protect the coasts and to build tourist facilities
shall be regulated by law. In the previous cases where the law may allow payment
in installments, the payment period shall not exceed five years; whence payment
shall be made in equal installments and an interest rate equivalent to the highest
interest paid on the public debt shall be paid for the remainder of installments.
(5) Compensation for land expropriated from the small farmer who cultivates
his own land shall in all cases be paid in advance.
Article 47 Nationalisation
(1) Private enterprises performing public service may be nationalised when this
is required by the exigencies of public interest.
(2) Nationalisation shall be carried out on the basis of real value. The methods
and procedures for calculating real value shall be prescribed by law.
Article 48 Freedom to Work and Conclude Contracts
(1) Everyone has the freedom to work and conclude contracts in the field of
his choice, the establishment of private enterprises is free.
(2) The State shall take measures to ensure that private enterprises operate
in accordance with national economic requirements and social objectives and
in conditions of security and stability.
Article 49 Right and Duty to Work
(1) Everyone has the right and duty to work.
(2) The State shall take the necessary measures to raise the standard of living
of workers, to protect them in order to improve the general conditions of labour,
to promote labour, and to create suitable economic conditions for prevention
of unemployment.
(3) The State shall take facilitating and protective measures in order to secure
labour peace in worker-employer relations.
Article 50 Working Conditions and Right to Rest and
Leisure
(1) No one shall be required to perform work unsuited to his age, sex, and capacity.
(2) Minors, women and persons with physical or mental disabilities, shall enjoy
special protection with regard to working conditions.
(3) All workers have the right to rest and leisure.
(4) Rights and conditions relating to paid weekends and holidays, together with
paid annual leave, shall be regulated by law.
Article 51 Right to Organise Labour Unions
(1) Workers and employers have the right to form labour unions and employers'
associations and higher organisations, without prior permission, in order to
safeguard and develop their economic and social rights and the interests of
their members in their labour relations.
(2) In order to form unions and their higher bodies, it shall suffice to submit
the information and documents prescribed by law to the competent authority designated
by law. If this information and documentation is not in conformity with law,
the competent authority shall apply to the appropriate court for the suspension
of activities or the dissolution of the union or the higher body.
(3) Everyone shall be free to become a member of or withdraw from membership
in a union.
(4) No one shall be compelled to become a member, remain a member, or withdraw
from membership of a union.
(5) Workers and employers cannot hold concurrent memberships in more than one
labour union or employers' association.
(6) Employment in a given work-place shall not be made conditional on being,
or not being a member of a labour union.
(7) To become an executive in a labour union or higher organisation, it is a
prerequisite that workers should have held the status of a labourer for at least
ten years.
(8) The status, the administration, and the functioning of the labour unions
and their higher bodies should not be inconsistent with the characteristics
of the Republic as defined in the Constitution, or with democratic principles.
Article 52 Activities of Labour Unions
{repealed}
Article 53 Right of Collective Bargaining
(1) Workers and employers have the right to conclude collective bargaining agreements
in order to regulate reciprocally their economic and social position and conditions
of work.
(2) The procedure to be followed in concluding collective bargaining agreements
shall be regulated by law.
(3) The unions and their higher organizations, which are to be established by
the public employees mentioned in the first paragraph of Article 128
and which do not fall under the scope of the first and second paragraphs of
the same article and also Article 54, may appeal to judicial authorities on
behalf of their members and may hold collective bargaining meetings with the
administration in accordance with their aims. If an agreement is reached as
a result of collective bargaining, a text of the agreement will be signed by
the parties. Such text shall be presented to the Council of Ministers so that
administrative or judicial arrangements can be made. If such a text cannot be
concluded by collective bargaining, the agreed and disagreed points will also
be submitted for consideration of the Council of Ministers by the relevant parties.
The regulations for the execution of this article is stipulated by law.
(4) More than one collective bargaining agreement at the same place of work
for the same period shall not be concluded or put into effect.
Article 54 Right to Strike, and Lockout
(1) Workers have the right to strike if a dispute arises during the collective
bargaining process. The procedures and conditions governing the exercise of
this right and the employer's recourse to a lockout, the scope of both actions,
and the exceptions to which they are subject shall be regulated by law.
(2) The right to strike, and lockout shall not be exercised in a manner contrary
to the principle of goodwill to the detriment of society, and in a manner damaging
national wealth.
(3) During a strike, the labour union is liable for any material damage caused
in a work-place where the strike is being held, as a result of deliberate negligent
behaviour by the workers and the labour union.
(4) The circumstances and places in which strikes and lockouts may be prohibited
or postponed shall be regulated by law.
(5) In cases where a strike or a lockout is prohibited or postponed, the dispute
shall be settled by the Supreme Arbitration Board at the end of the period of
postponement. The disputing parties may apply to the Supreme Arbitration Board
by mutual agreement at any stage of the dispute.
(6) The decisions of the Supreme Arbitration Board shall be final and have the
force of a collective bargaining agreement.
(7) The organisation and functions of the Supreme Arbitration Board shall be
regulated by law.
(8) Politically motivated strikes and lockouts, solidarity strikes and lockouts,
occupation of work premises, labour go- slows, production decreasing, and other
forms of obstruction are prohibited.
(9) Those who refuse to go on strike, shall in no way be barred from working
at their work-place by strikers.
Article 55 Guarantee of Fair Wage
(1) Wages shall be paid in return for work.
(2) The State shall take the necessary measures to ensure that workers earn
a fair wage suitable for the work they perform and that they enjoy other social
benefits.
(3) In determining the minimum wage, the economic and social conditions of the
country shall be taken into account.
Article 56 Health Services and Conservation of the
Environment
(1) Everyone has the right to live in a healthy, balanced environment.
(2) It is the duty of the State and citizens to improve the natural environment,
and to prevent environmental pollution.
(3) To ensure that everyone leads their lives in conditions of physical and
mental health and to secure cooperation in terms of human and material resources
through economy and increased productivity, the State shall regulate central
planning and functioning of the health services.
(4) The State shall fulfill this task by utilizing and supervising the health
and social assistance institutions, in both the public and private sectors.
(5) In order to establish widespread health services general health insurance
may be introduced by law.
Article 57 Right to Housing
The State shall take measures to meet the needs for housing within the framework
of a plan which takes into account the characteristics of cities and environmental
conditions and supports community housing projects.
Article 58 Protection of Youth
(1) The State shall take measures to ensure the training and development of
youth into whose keeping our State, independence, and our Republic are entrusted,
in the light of contemporary science, in line with the principles and reforms
of Atatürk, and in opposition to ideas aiming at the destruction of the
indivisible integrity of the State with its territory and nation.
(2) The State shall take necessary measures to protect youth from addiction
to alcohol, drug addiction, crime, gambling, and similar vices, and ignorance.
Article 59 Development of Sports
(1) The State shall take measures to develop the physical and mental health
of Turkish citizens of all ages, and encourage the spread of sports among the
masses.
(2) The State shall protect successful athletes.
Article 60 Right to Social Security
(1) Everyone has the right to social security.
(2) The State shall take the necessary measures and establish the organisation
for the provision of social security.
Article 61 Persons Requiring Special Protection in
the Field of Social Security
(1) The State shall protect the widows and orphans of those killed in war and
in the line of duty, together with the disabled and war veterans, and ensure
that they enjoy a decent standard of living.
(2) The State shall take measures to protect the disabled and secure their integration
into community life.
(3) The aged shall be protected by the State. State assistance to the aged,
and other rights and benefits shall be regulated by law.
(4) The State shall take all kinds of measures for social resettlement of children
in need of protection.
(5) To achieve these aims the State shall establish the necessary organisations
or facilities, or arrange for their establishment by other bodies.
Article 62 Turkish Nationals Working Abroad
The State shall take the necessary measures to ensure the family unity, the
education of the children, the cultural needs, and the social security of Turkish
nationals working abroad, and shall take the necessary measures to safeguard
their ties with the home country and to help them on their return home.
Article 63 Conservation of Historical, Cultural and
Natural Wealth
(1) The State shall ensure the conservation of the historical, cultural and
natural assets and wealth, and shall take supportive and promotive measures
towards this end.
(2) Any limitations to be imposed on such assets and wealth which are privately
owned, and the compensation and exemptions to be accorded to the owners of such,
as a result of these limitations, shall be regulated by law.
Article 64 Protection of Arts and Artists
The State shall protect artistic activities and artists. The State shall take
the necessary measures to protect, promote and support works of art and artists,
and encourage the spread of appreciation for art.
Article 65 The Extent of Social and Economic Rights
The State shall fulfill its duties as laid down in the Constitution in the social
and economic fields within the limits of its financial resources, taking into
consideration the maintenance of economic stability.
Article 66 Turkish Citizenship
(1) Everyone bound to the Turkish State through the bond of citizenship is a
Turk.
(2) The child of a Turkish father or a Turkish mother is a Turk. The citizenship
of a child of a foreign father and a Turkish mother shall be defined by law.
(3) Citizenship can be acquired under the conditions stipulated by law, and
shall be forfeited only in cases determined by law.
(4) No Turk shall be deprived of citizenship, unless he commits an act incompatible
with loyalty to the motherland.
(5) Recourse to the courts, against the decisions and proceedings related to
the deprivation of citizenship, shall not be denied.
Article 67 Right to Vote, to Be Elected and to Engage
in Political Activity
(1) In conformity with the conditions set forth in the law, citizens have the
right to vote, to be elected, and to engage in political activities independently
or in a political party, and to take part in a referendum.
(2) Elections and referenda shall be held under the direction and supervision
of the judiciary, in accordance with the principles of free, equal, secret,
and direct, universal suffrage, and public counting of the votes. However, the
conditions under which the Turkish citizens who are abroad shall be able to
exercise their right to vote, are regulated by law.
(3) All Turkish citizens over 18 years of age shall have the right to vote in
elections and to take part in referenda.
(4) The exercise of these rights shall be regulated by law.
(5) Private and corporals serving in the armed services, students in military
schools and convicts in penal execution institutions cannot vote. The Supreme
Election Council shall determine the measures to be taken to ensure the safety
of the counting of votes when detainees in penal execution institutions or prisons
exercise their right to vote; such voting is done under the on-site direction
and supervision of authorized judge.
(6) The electoral laws shall be drawn up in such a way as to reconcile the principles
of fair representation and consistency in administration.
Article 68 Forming Parties, Membership and Withdrawal
From Membership in a Party
(1) Citizens have the right to form political parties and in accordance with
the established procedure to join and withdraw from them. One must be over 18
years of age to become a member of a party.
(2) Political parties are indispensable elements of the democratic political
life.
(3) Political parties shall be formed without prior permission and shall pursue
their activities in accordance with the provisions set forth in the Constitution
and law.
(4) The statutes and programmes, as well as the activities of political parties
shall not be in conflict with the independence of the State, its indivisible
integrity with its territory and nation, human rights, the principles of equality
and rule of law, sovereignty of the nation, the principles of the democratic
and secular republic; they shall not aim to protect or establish class or group
dictatorship or dictatorship of any kind, nor shall they incite citizens to
crime.
(5) Judges and prosecutors, members of higher judicial organs including those
of the Court of Accounts, civil servants in public institutions and organizations,
other public servants who are not considered to be labourers by virtue of the
services they perform, members of the armed forces and students who are not
yet in higher education institutions, shall not become members of political
parties.
(6) The membership of the teaching staff at higher education institutions in
political parties is regulated by law. This law can not allow those members
to assume responsibilities outside the central organs of the political parties.
It also sets forth the regulations by which the teaching staff at higher education
institutions shall observe as members of political parties.
(7) The principles concerning the membership of students at higher education
institutions to political parties are regulated by law.
(8) The State shall provide the political parties with adequate financial means
in an equitable manner. The financial assistance to be extended to the political
parties, as well as procedures related to collection of membership dues and
donations are regulated by law.
Article 69 Principles to be Observed by Political Parties
(1) The activities, internal regulations and operation of political parties
shall be in line with democratic principles. The application of these principles
is regulated by law.
(2) Political parties shall not engage in commercial activities.
(3) The income and expenditure of political parties shall be consistent with
their objectives. The application of this rule is regulated by law. The auditing
of the income and expenditure and acquisitions of political parties as well
as the establishment of the conformity to law of their revenue and expenses,
methods of auditing and sanctions to be applied in the event of unconformity
shall also be regulated by law.
(4) The Constitutional Court shall be assisted in performing its task of auditing
by the Court of Accounts. The judgments to be rendered by the Constitutional
Court as a result of the auditing shall be final.
(5) The dissolution of political parties shall be decided finally by the Constitutional
Court after the filling of a suit by the office of the Chief Public Prosecutor
of the Republic.
(6) The permanent dissolution of a political party shall be decided when it
is established that the statute and programme of the political party violate
the provisions of the fourth paragraph of Article 68.
(7) The decision to dissolve a political party permanently owing to activities
violating the provisions of the fourth paragraph of Article 68 may be rendered
only when the Constitutional Court determines that the party in question has
become a centre for the execution of such activities.
(8) A party which has been dissolved permanently cannot be founded under another
name.
(9) The members, including the founders, of a political party whose acts or
statements have caused the party to be dissolved permanently cannot be founders,
members, directors or supervisors in any other party for a period of five years
from the date of publication in the official gazette of the Constitutional Court's
final decision and its justification for permanently dissolving the party.
(10) Political parties which accept financial assistance from foreign states,
international institutions and persons and corporate bodies shall be dissolved
permanently.
(11) The foundation and activities of political parties, their supervision and
dissolution, as well as the election expenditures and procedures of the political
parties and candidates, are regulated by law in accordance with the above- mentioned
principles.
Article 70 Entry into the Public Service
(1) Every Turk has the right to enter the public service.
(2) No criteria other than the qualifications for the office concerned shall
be taken into consideration for recruitment into the public service.
Article 71 Declaration of Assets
Declaration of assets by persons entering public service, and the frequency
of such declaration, shall be determined by law. Those serving in the legislative
and executive organs shall not be exempted from this requirement.
Article 72 National Service
National service is the right and duty of every Turk. The manner in which this
service shall be performed, or considered as performed, either in the Armed
Forces or in the public service shall be regulated by law.
Article 73 Obligation to Pay Taxes
(1) Everyone is under the obligation to pay taxes according to his financial
resources, in order to meet public expenditures.
(2) An equitable and balanced distribution of the tax burden is the social objective
of fiscal policy.
(3) Taxes, fees, duties, and other such financial impositions shall be imposed,
amended, or revoked by law.
(4) The Council of Ministers may be empowered to amend the percentages of exemption,
exceptions and reductions in taxes, fees, duties and other such financial impositions,
within the minimum and maximum limits prescribed by law.
Article 74 Right of Petition
(1) Citizens have the right to apply in writing to the competent authorities
and to the Turkish Grand National Assembly with regard to requests and complaints
concerning themselves or the public.
(2) The result of the application concerning himself shall be made known to
the petitioner in writing.
(3) The way of exercising this right shall be determined by law.
Article 75 Composition
The Turkish Grand National Assembly shall be composed of five hundred fifty
deputies elected by universal suffrage.
Article 76 Eligibility to be a Deputy
(1) Every Turk over the age of 30 is eligible to be a deputy.
(2) Persons who have not completed their primary education, who have been deprived
of legal capacity, who have failed to perform compulsory military service, who
are banned from public service, who have been sentenced to a prison term totaling
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 ideological
and anarchistic activities, or incitement and encouragement of such activities,
shall not be elected deputies, even if they have been pardoned.
(3) Judges and prosecutors, members of the higher judicial organs, members of
the teaching staff at institutions of higher education, members of the Higher
Education Council, 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.
Article 77 Election Term of the Turkish Grand National
Assembly
(1) Elections for the Turkish Grand National Assembly shall be held every five
years.
(2) The Assembly may decide to hold new election before the termination of this
period, and new elections may also be decided upon according to a decision,
taken in accordance with the conditions set forth in the Constitution, by the
President of the Republic. A deputy whose term of office expires may be eligible
for re-election.
(3) In the event of a decision to hold new elections, the powers of the Assembly
shall continue until the election of a new Assembly.
Article 78 Deferment of Elections to the Turkish Grand
National Assembly, and By-elections
(1) If the holding of new elections is found impossible because of war, the
Turkish Grand National Assembly may decide to defer elections for a year.
(2) If the grounds for deferment do not disappear this measure may be repeated
under the procedure for deferment.
(3) By-elections shall be held when vacancies arise in the membership of the
Turkish Grand National Assembly. By- elections shall be held once in every election
term and cannot be held until 30 months have elapsed from the date of the previous
general elections. However, in cases where the number of vacant seats reaches
five percent of the total number of seats, by-elections shall be held within
three months.
(4) By-elections shall not be held within one year before general elections.
Article 79 General Administration and Supervision of
the Elections
(1) Elections shall be held under the general administration and supervision
of the judicial organs.
(2) The Supreme Election Council shall execute all the functions to ensure the
fair and orderly conduct of the elections from the beginning to the end of polling,
carry out investigations and take final decisions on all irregularities, complaints
and objections concerning the elections during and after the polling, and verify
the election returns of the members of the Turkish Grand National Assembly.
No appeal shall be made to any authority against the decisions of the Supreme
Election Council.
(3) The functions and powers of the Supreme Election Council and other election
councils shall be determined by law.
(4) The Supreme Election Council shall be composed of seven regular members
and four substitutes. Six of the members shall be elected by the Plenary Assembly
of the High Court of Appeals, and five members shall be elected by the Plenary
Assembly of the Council of State from amongst its own members, by secret ballot
and by an absolute majority of the total number of members. These members shall
elect a Chairman and a Vice-Chairman from amongst themselves, by absolute majority
and secret ballot.
(5) Amongst the members elected to the Supreme Election Council by the High
Court of Appeals and by the Council of State, two members from each group shall
be designated, by lot, as substitute members. The Chairman and Vice-Chairman
of the Supreme Election Council shall not take part in this procedure.
(6) The general conduct and supervision of a referendum on legislation amending
the Constitution shall be subject to the same provisions as those relating to
the election of deputies.
Article 80 Presentation of the Nation
Members of the Turkish Grand National Assembly represent, not merely their own
constituencies or constituents, but the Nation as a whole.
Article 81 Oath-Taking
Members of the Turkish Grand National Assembly, on assuming office, shall take
the following oath:
"I swear upon my honour and integrity, before the great Turkish Nation, to
safeguard the existence and independence of the State, the indivisible
integrity of the Country and the Nation, and the absolute sovereignty
of the Nation; to remain loyal to the supremacy of law, to the democratic and
secular Republic, and to Atatürk's principles and reforms; not to
deviate from the ideal according to which everyone is entitled
to enjoy human rights and fundamental freedoms under peace and prosperity
in society, national solidarity and justice, and loyalty to the Constitution."
Article 82 Activities Incompatible with Membership
(1) Members of the Turkish Grand National Assembly shall not hold office in
State departments and other public corporate bodies and their subsidiaries;
in corporations and enterprises affiliated with the State and other public corporate
bodies; in the executive or supervisory organs of enterprises and corporations
where there is direct or indirect participation of the State and public corporate
bodies, in the executive and supervisory organs of public benefit associations,
whose special resources of revenue and privileges are provided by law; in the
executive and supervisory organs of foundations which enjoy tax exemption and
receive financial subsidies from the State; and in the executive and supervisory
organs of labour unions and public professional organisations, and in the enterprises
and corporations in which the above-mentioned unions and associations or their
higher bodies have a share; nor can they be appointed as representatives of
the above-mentioned bodies or be party to a business contract, directly or indirectly,
and be arbitrators of representatives in their business transactions.
(2) Members of the Turkish Grand National Assembly shall not be entrusted with
any official or private duties involving recommendation, appointment, or approval
by the executive organ. Acceptance by a deputy of a temporary assignment given
by the Council of Ministers on a specific matter, and not exceeding a period
of six months, is subject to the approval of the Assembly.
(3) Other functions and activities incompatible with membership in the Turkish
Grand National Assembly shall be regulated by law.
Article 83 Parliamentary Immunity
(1) Members of the Turkish Grand National Assembly shall not be liable for their
votes and statements concerning parliamentary functions, for the views they
express before the Assembly, or unless the Assembly decides otherwise on the
proposal of the Bureau for that sitting, for repeating or revealing these outside
the Assembly.
(2) A deputy who is alleged to have committed an offence before or after election,
shall not be arrested, interrogated, detained or tried unless the Assembly decides
otherwise. This provision shall not apply in cases where a member is caught
in the act of committing a crime punishable by a heavy penalty and in cases
subject to Article
14 of the Constitution if an investigation
has been initiated before the election. However, in such situations the competent
authority shall notify the Turkish Grand National Assembly immediately and directly.
(3) The execution of a criminal sentence imposed on a member of the Turkish
Grand National Assembly either before or after his election shall be suspended
until he ceases to be a member; the statute of limitations does not apply during
the term of membership.
(4) Investigation and prosecution of a re-elected deputy shall be subject to
the renewed waiver of immunity by the Assembly.
(5) Political party groups in the Turkish Grand National Assembly shall not
hold discussions or take decisions regarding parliamentary immunity.
Article 84 Loss of Membership
(1) The loss of membership of a deputy who has resigned shall be decided upon
by the plenary of the Turkish Grand National Assembly after the Bureau of the
Turk sh Grand National Assembly attests to the validity of the resignation.
(2) The loss of membership, through a final judicial sentence or deprivation
of legal capacity, shall take effect after the final court decision in the matter
has been communicated to the plenary of the Turkish Grand National Assembly.
(3) The loss of membership of a deputy who insists on holding a position or
continues an activity incompatible with membership according to Article 82,
shall be decided by a secret voting by the plenary, upon the submission of a
report drawn up by the authorized commission setting out the factual situation.
(4) The loss of membership of a deputy who fails to attend without an excuse
or permission, five meetings in a period of one month shall be decided by an
absolute majority of the total number of members after the Bureau of the Turkish
Grand National Assembly determines the situation.
(5) The membership of a deputy whose statements and acts are cited in a final
judgment of the Constitutional Court as having caused the permanent dissolution
of his party shall terminate on the date when the decision in question and its
justifications are published in the official gazette. The presidency of the
Turkish Grand National Assembly shall immediately take the necessary action
concerning such decision and shall inform the plenary of the Turkish Grand National
Assembly accordingly.
Article 85 Application for Annulment
If the parliamentary immunity of a deputy has been waived or if the loss of
membership has been decided according to the first, third or fourth paragraphs
of Article 84, the deputy in question or another deputy may, within seven days
from the day of the decision of the Grand National Assembly of Turkey, appeal
to the Constitutional Court, for the decision to be annulled on the grounds
that it is contrary to the Constitution, law or the rules or procedure of the
Turkish Grand National Assembly. The Constitutional Court shall decide on the
appeal within fifteen days.
Article 86 Salaries and Allowances
(1) The salaries and allowances of the members of the Turkish Grand National
Assembly shall be regulated by law. The monthly amount of the salary shall not
exceed the salary of the most senior civil servant; the travel allowance shall
not exceed half of that salary.
(2) The salaries and allowances paid to the members of the Turkish Grand National
Assembly shall not necessitate the suspension of payments of pensions and similar
benefits by social security agencies.
(3) A maximum of three months' salaries and allowances may be paid in advance.
Article 87 General Provisions
The functions and powers of the Turkish Grand National Assembly comprise the
enactment, amendment, and repeal of laws; the supervision of the Council of
Ministers and the Ministers; authorisation of the Council of Ministers to issue
governmental decrees having force of law on certain matters; debating and approval
of the budget draft and the draft law of the final accounts, making decisions
regarding printing of currency and declaration of war; ratifying international
agreements, deciding on the proclamation of amnesties and pardons excluding
those who have been convicted for activities set out in Article
14
of the Constitution; confirming death sentences passed by the courts; and exercising
the powers and executing the functions envisaged in the other articles of the
Constitution.
Article 88 Introduction and Debate of the Laws
(1) The Council of Ministers and deputies are empowered to introduce laws.
(2) The procedure and principles relating to the debating of draft bills and
proposals of law in the Turkish Grand National Assembly shall be regulated by
the Rules of Procedure.
Article 89 Promulgation of Laws by the President of
the Republic
(1) The President of the Republic shall promulgate the laws adopted by the Turkish
Grand National Assembly within fifteen days.
(2) He shall, within the same period, refer to the Turkish Grand National Assembly
for further consideration, laws which he deems unsuitable for promulgation,
together with a statement of his reasons. Budget laws shall not be subject to
this provision.
(3) If the Turkish Grand National Assembly adopts in its unchanged form the
law referred back, the President of the Republic shall promulgate it; if the
Assembly amends the law which was referred back, the President of the Republic
may again refer the amended law back to the Assembly.
(4) Provisions relating to Constitutional amendments are reserved.
Article 90 Ratification of International Treaties
(1) The ratification of treaties concluded with foreign states and international
organisations on behalf of the Republic of Turkey, shall be subject to adoption
by the Turkish Grand National Assembly by a law approving the ratification.
(2) Agreements regulating economic, commercial and technical relations, and
covering a period of no more than one year, may be put into effect through promulgation,
provided they do not entail any financial commitment by the State, and provided
they do not infringe upon the status of individuals or upon the property rights
of Turkish citizens abroad. In such cases, these agreements must be brought
to the knowledge of the Turkish Grand National Assembly within two months of
their promulgation.
(3) Agreements in connection with the implementation of an international treaty,
and economic, commercial, technical, or administrative agreements which are
concluded depending on an authorisation given by law shall not require approval
by the Turkish Grand National Assembly. However, agreements concluded under
the provision of this paragraph and affecting the economic, or commercial relations
and private rights of individuals shall not be put into effect unless promulgated.
(4) Agreements resulting in amendments to Turkish laws shall be subject to the
provisions of the first paragraph.
(5) International agreements duly put into effect carry the force of law. No
appeal to the Constitutional Court can be made with regard to these agreements,
on the ground that they are unconstitutional.
Article 91 Authorisation to Enact Decrees Having Force of Law
(1) The Turkish Grand National Assembly may empower the Council of Ministers
to issue decrees having force of law. However, the fundamental rights, individual
rights and duties included in the First and Second Chapter of the Second Part
of the Constitution and the political rights and duties listed in the Fourth
Chapter, cannot be regulated by decrees having force of law except during periods
of martial law and states of emergency.
(2) The empowering law shall define the purpose, scope, principles, and operative
period of the decree having force of law, and whether more than one decree will
be issued within the same period.
(3) Resignation or fall of the Council of Ministers, or expiration of the legislative
term shall not cause the termination of the power conferred for the given period.
(4) When approving a decree having force of law before the end of the prescribed
period, the Turkish Grand National Assembly shall also state whether the power
has terminated or will continue until the expiry of the said period.
(5) Provisions relating to the decrees having force of law issued by the Council
of Ministers meeting under the chairmanship of the President of the Republic
in time of martial law or states of emergency, are reserved.
(6) Decrees having force of law shall come into force on the day of their publication
in the Official Gazette. However, a later date may be indicated in the decree
as the date of entry into force.
(7) Decrees are submitted to the Turkish Grand National Assembly on the day
of their publication in the Official Gazette.
(8) Laws of empowering and decrees having force of law which are based on these,
shall be discussed in the committees and in the plenary session of the Turkish
Grand National Assembly with priority and urgency.
(9) Decrees not submitted to the Turkish Grand National Assembly on the day
of their publication shall cease to have effect on that day and decrees rejected
by the Turkish Grand National Assembly shall cease to have effect on the day
of publication of the decision in the Official Gazette. The amended provisions
of the decrees which are approved as amended shall go into force on the day
of their publication in the Official Gazette.
Article 92 Declaration of State of War and Authorisation
to Permit the Use of Armed Forces
(1) The Power to authorise the declaration of a state of war in cases deemed
legitimate by international law and, except where required by international
treaties to which Turkey is a party or by the rules of international courtesy
to send Turkish Armed Forces to foreign countries and to allow foreign armed
forces to be stationed in Turkey, is vested in the Turkish Grand National Assembly.
(2) If the country is subjected, while the Turkish Grand National Assembly is
adjourned or in recess, to sudden armed aggression and it thus becomes imperative
to decide immediately on the use of the armed forces, the President of the Republic
can decide on the use of the Turkish Armed Forces.
Article 93 Convening and Adjournment
(1) The Turkish Grand National Assembly shall convene of its own accord on the
first day of October each year.
(2) The Assembly may be in recess for a maximum of three months in the course
of a legislative year. During an adjournment and 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.
(3) The President of the Assembly may also summon the Assembly either on his
own initiative or at the written request of one- fifth of the members.
(4) If the Turkish Grand National Assembly is convened during an adjournment
or recess, it shall not adjourn or go into recess again before having given
priority consideration to the matter requiring the summons.
Article 94 Bureau of the Assembly
(1) The Bureau of the Assembly of the Turkish Grand National Assembly shall
be composed of the President, the Deputy Presidents, Secretary Members, and
Administrative Members elected from among the Assembly members.
(2) The Bureau of the Assembly shall be so composed as to ensure proportionate
representation to the number of members of each political party group in the
Assembly. Political party groups shall not nominate candidates for the Presidency.
(3) Two elections to the Bureau of the Turkish Grand National Assembly shall
be held in the course of one legislative term. The term of office of those elected
in the first round is two years and the term of office of those elected in the
second round is three years.
(4) The candidates from among the members of the Assembly for the President
of the Turkish Grand National Assembly shall be announced, within ten days of
the convening of the Assembly, to the Bureau of the Assembly. Election of the
President shall be held by secret ballot. In the first two ballots, a two-thirds
majority of the total number of members, and in the third ballot an absolute
majority of the total number of members is required. If the absolute majority
cannot be obtained in the third ballot a fourth ballot shall be held between
the two candidates who have received the greatest number of votes in the third
ballot; the member who receives the greatest number of votes in the fourth ballot
shall be elected President. The election of the President, shall be completed
within ten days of the expiry of the period for the nomination of candidates.
(5) The quorum required for election, the number of ballots and its procedure,
the number of Deputy Presidents, Secretary Members and Administrative Members,
shall be stipulated by the Rules of Procedure of the Assembly.
(6) The President and Deputy Presidents of the Turkish Grand National Assembly
cannot participate in the activities of the political party or party group of
which they are a member nor in debates, within or outside the Assembly, except
in cases required by their functions; the President and the Deputy President
who is presiding over the session shall not vote.
Article 95 Rules of Procedure, Political Party Groups
and Security Affairs
(1) The Grand National Assembly of Turkey shall carry out its activities in
accordance with the provisions of the Rules of Procedure drawn up by itself.
(2) The provisions of the Rules of Procedure shall be drawn up in such a way
as to ensure the participation of each political party group in all the activities
of the Assembly in proportion to its number of members, political party groups
shall be constituted only if they have at least twenty members.
(3) All security and administrative services of the Turkish Grand National Assembly
regarding all buildings, installations, annexes and its grounds shall be organised
and directed by the Office and its grounds shall be organised and directed by
the Office of the President of the Assembly.
(4) Sufficient forces to ensure security and other such services shall be allocated
to the Office of the President of the Assembly by the relevant authorities.
Article 96 Quorums Required for Sessions and Decisions
(1) Unless otherwise stipulated in the Constitution, the Turkish Grand National
Assembly shall convene with at least, one-third of the total number of members
and shall take decisions by an absolute majority of those present; however,
the quorum for decisions can, under no circumstances, be less than a quarter
plus one of the total number of members.
(2) Members of the Council of Ministers may delegate a minister to vote on their
behalf in sessions of the Turkish Grand National Assembly which they are unable
to attend. However, a minister shall not cast more than two votes including
his own.
Article 97 Publicity and Publication of Debates
(1) Debates held in the plenary session of the Turkish Grand National Assembly
shall be public and shall be published verbatim in the Journal of Records.
(2) The Turkish Grand National Assembly may hold closed sessions in accordance
with the provisions of its Rules of Procedure; the publication of debates of
such sessions shall be subject to the decision of the Turkish Grand National
Assembly.
(3) Public proceedings of the Assembly may be freely published through all means,
unless a decision to the contrary is adopted by the Assembly upon a proposal
of the Bureau of the Assembly.
Article 98 General Provisions
(1) The Turkish Grand National Assembly shall exercise its supervisory power
by means of questions, parliamentary inquiries, general debates interpellation
and parliamentary investigations.
(2) 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.
(3) A parliamentary inquiry is an examination conducted to obtain information
on a specific subject.
(4) A general debate is the consideration of a specific subject relating to
the community and the activities of the State at the plenary sessions of the
Turkish Grand National Assembly.
(5) The form of presentation, content, and scope of the motions concerning questions,
parliamentary inquiries and general debates, and the procedures for answering,
debating and investigating them, shall be regulated by the Rules of Procedure.
Article 99 Interpellation
(1) A motion for interpellation may be tabled either on behalf of a political
party group, or by the signature of at least twenty deputies.
(2) The motion for interpellation shall be circulated in printed form to the
members within three days of its being tabled; inclusion of a motion of interpellation
in the agenda shall be debated within ten days of its circulation. In this debate,
only one of the signatories to the motion, one deputy from each political party
group, and the Prime Minister or one minister on behalf of the Council of Ministers,
may take the floor.
(3) Together with the decision to include the motion of interpellation in the
agenda, the date for debating it will also be decided; however, the debate shall
not take place less than two days after the decision to place it on the agenda
and shall not be deferred more than seven days.
(4) In the course of the debate on the motion of interpellation, a motion of
no-confidence with a statement of reasons tabled by deputies or party groups,
or the request for a vote of confidence by the Council of Ministers, shall be
put to vote only after a full day has elapsed.
(5) In order to unseat the Council of Ministers or a minister, an absolute majority
of the total number of members shall be required in the voting, in which only
the votes of no- confidence shall be counted.
(6) Other provisions concerning interpellations, provided that they are consistent
with the smooth functioning of the Assembly, and with the above-mentioned principles
shall be designed by the Rules of Procedure.
Article 100 Parliamentary Investigation
(1) Parliamentary investigation concerning the Prime Minister or other ministers
may be requested with a motion tabled by at least one-tenth of the total number
of members of the Turkish Grand National Assembly. The Assembly shall consider
and decide on this request within one month at the latest.
(2) In the event of a decision to initiate an investigation, this investigation
shall be conducted by a commission of fifteen members chosen by lot on behalf
of each party from among three times the number of members the party is entitled
to have on the commission, representation being proportional to the parliamentary
membership of the party. The commission shall submit its report on the result
of the investigation to the Assembly within two months. If the investigation
is not completed within the time allotted, the commission shall be granted a
further and final period of two months.
(3) The Assembly shall debate the report with priority and, if found necessary,
may decide to bring the person involved before the Supreme Court. The decision
to bring a person before the Supreme Court shall be taken only by an absolute
majority of the total number of members.
(4) Political party groups in the Assembly shall not hold discussions or take
decisions regarding parliamentary investigations.
Article 101 Qualifications and Impartiality
(1) The President of the Republic shall be elected for a term of office of seven
years by the Turkish Grand National Assembly from among its own members who
are over 40 years of age and who have completed their higher education or from
among Turkish citizens who fulfill these requirements and are eligible to be
deputies.
(2) The nomination of a candidate for the Presidency of the Republic from outside
the Turkish Grand National Assembly shall require a written proposal by at least
one-fifth of the total number of members of the Assembly.
(3) The President of the Republic cannot be elected for a second time.
(4) The President-elect, if a member of a party, shall sever his relations with
his party and his status as a member of the Turkish Grand National Assembly
shall cease.
Article 102 Election
(1) The President of the Republic shall be elected by a two-thirds majority
of the total number of members of the Turkish Grand National Assembly and by
secret ballot. If the Turkish Grand National Assembly is not in session, it
shall be summoned immediately to meet.
(2) The election of the President of the Republic shall begin thirty days before
the term of office of the incumbent President
(3) of the Republic expires or ten days after the Presidency fails vacant, and
shall be completed within thirty days of the beginning of the election. Candidates
shall be declared to the Bureau of the Assembly within the first ten days of
this period, and elections shall be completed within the remaining twenty days.
(4) If a two-thirds majority of the total number of members cannot be obtained
in the first two ballots, between which there shall be at least a three-day
interval, a third ballot shall be held and the candidate who receives the absolute
majority of votes of the total number of members shall be elected President
of the Republic. If an absolute majority of votes of the total number of members
is not obtained in the third ballot, a fourth ballot will be held between the
two candidates who receive the greatest number of votes in the third ballot;
if the President of the Republic cannot be elected by an absolute majority of
the total number of members in this ballot, new general elections for the Turkish
Grand National Assembly shall be held immediately.
(5) The term of office of the incumbent President of the Republic shall continue
until the President-elect takes office.
Article 103 Oath
On assuming office, the President of the Republic shall take the following oath
before the Turkish Grand National Assembly:
"In my capacity as President of the Republic I swear upon my honour and integrity
before the Turkish Grand National Assembly and before history
to safeguard the existence and independence of the State, the
indivisible integrity of the Country and the Nation and the absolute sovereignty
of the Nation, to abide by the Constitution, the rule of law,
democracy, the principles of the secular Republic, not to deviate
from the ideal according to which everyone is entitled to enjoy human rights
and fundamental freedoms under conditions of national peace and prosperity
and in a spirit of national solidarity and justice, and do my
utmost to preserve and exalt the glory and honour of the Republic of
Turkey and perform without bias the functions that I have assumed."
Article 104 Duties and Powers
(1) 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 State.
(2) 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 address of the Turkish
Grand National Assembly on the first day of the legislative year,
-- To summon the Turkish Grand National Assembly to meet, when necessary,
-- To promulgate laws,
-- To return laws to the Turkish Grand National Assembly to be reconsidered,
-- To submit to referendum, if he/she deems it necessary, legislation regarding
the amendment of the Constitution.
-- To appeal to the Constitutional Court for the annulment in part or entirety
of certain provisions of laws, decrees having force of law, and the Rules of
Procedure of the Turkish Grand National Assembly on the grounds that they are
unconstitutional in form or in content,
-- To call new elections for the Turkish Grand National Assembly.
b) Those relating to the executive functions:
-- 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 chairmanship whenever he/she deems it necessary,
-- To accredit representatives of the Turkish State to foreign states and to
receive the representatives of foreign states to the Republic of Turkey,
-- To ratify and promulgate international treaties,
-- To represent the Office of the Commander-in-Chief of the Turkish Armed Forces
on behalf of the Turkish Grand National Assembly,
-- 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
force of law, in accordance with the decisions of the Council of Ministers under
his/her chairmanship,
-- To sign decrees,
-- To remit, on grounds of chronic illness, disability, or old age, all or part
of the sentences imposed on certain individuals,
-- To appoint the members and the chairman of the State Supervisory Council,
-- To instruct the State Supervisory Council to carry out inquiries, investigations
and inspections,
-- To appoint the members of the Higher Education Council,
-- To appoint rectors 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 Military High Court
of Appeals, the members of the Supreme Military Administrative Court and the
members of the Supreme Council of Judges and Public Prosecutors.
(3) The President of the Republic shall also exercise powers of election and
appointment, and perform the other duties conferred on him by the Constitution
and laws.
Article 105 Presidential Accountability and Non-accountability
(1) All Presidential decrees except those which the President of the Republic
is empowered to enact by himself 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 ministers concerned shall be accountable for these
decrees.
(2) No appeal shall be made to any legal authority, including the Constitutional
Court, against the decisions and orders signed by the President of the Republic
on his/her own initiative.
(3) 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 Turkish Grand National
Assembly, and by the decision of at least three-quarters of the total number
of members.
Article 106 Deputation for the President of the Republic
In the event of a temporary absence of the President of the Republic on account
of illness, travel abroad or similar circumstances, the President of the Turkish
Grand National Assembly shall serve as Acting President of the Republic and
exercise the powers of the President of the Republic 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.
Article 107 General Secretariat of the President of
the Republic
The establishment, the principles of organisation and functioning, and the appointment
of personnel of the General Secretariat of the Presidency of the Republic shall
be regulated by Presidential decrees.
Article 108 State Supervisory Council
(1) The State Supervisory Council which shall be attached to the Office of the
Presidency of the Republic with the purpose of performing and furthering the
regular and efficient functioning of the administration and its observance of
law, will be empowered to conduct upon the request of the President of the Republic
all inquiries, investigations and inspections of all public bodies and organisations,
all enterprises in which those public bodies and organisations share more than
half of the capital, public professional organisations, employers' associations
and labour unions at all levels, and public benefit associations and foundations.
(2) The Armed Forces and all judicial organs are outside the jurisdiction of
the State Supervisory Council.
(3) The Members and the Chairman to be designated from among the members of
the State Supervisory Council shall be appointed by the President of the Republic
from among those with the qualifications set forth in the law.
(4) The functioning of the State Supervisory Council, the term of office of
its members, and other matters relating to their status shall be regulated by
law.
Article 109 Formation
(1) The Council of Ministers shall consist of the Prime Minister and the ministers.
(2) The Prime Minister shall be appointed by the President of the Republic from
among the members of the Turkish Grand National Assembly.
(3) The ministers shall be nominated by the Prime Minister and appointed by
the Turkish Grand National Assembly, or from among those eligible for election
as deputies; and they can be dismissed, by the President of the Republic, upon
the proposal of the Prime Minister when deemed necessary.
Article 110 Taking Office and Vote of Confidence
(1) The complete list of members of the Council of Ministers shall be submitted
to the Turkish Grand National Assembly. If the Turkish Grand National Assembly
is in recess, it shall be summoned to meet.
(2) The Government Programme of the Council of Ministers shall be read by the
Prime Minister or by one of the ministers before the Turkish Grand National
Assembly within a week of the formation of the Council of Ministers following
which a vote of confidence shall be taken. Debate on the vote of confidence
shall begin two full days after the reading of the programme and the vote shall
be taken one full day after the end of debate.
Article 111 Vote of Confidence While in Office
(1) If the Prime Minister deems it necessary, and after discussing the matter
in the Council of Ministers, he/her may ask for a vote of confidence in the
Turkish Grand National Assembly.
(2) The request for a vote of confidence shall not be debated before one full
day has elapsed from the time it was submitted to the Turkish Grand National
Assembly and shall not be put to the vote until one full day has passed after
debate.
(3) A request for a vote of confidence shall be rejected only by an absolute
majority of the total number of members.
Article 112 Functions and Political Responsibilities
(1) The Prime Minister, as Chairman of the Council of Ministers, shall ensure
co-operation among the ministers, and supervise the implementation of the government's
general policy. The members of the Council of Ministers are jointly responsible
for the implementation of this policy.
(2) Each minister shall be responsible to the Prime Minister and shall also
be responsible for the conduct of affairs under his/her jurisdiction and for
the acts and activities of his/her subordinates.
(3) The Prime Minister shall ensure that the ministers exercise their functions
in accordance with the Constitution and the laws and shall take corrective measures
to this end.
(4) The members of the Council of Ministers who are not deputies shall take
their oath before the Turkish Grand National Assembly as written in Article
81, and during their term of office as ministers they shall
abide by the rules and conditions to which deputies are subject and shall enjoy
parliamentary immunity. They receive the same salaries and allowances as members
of the Turkish Grand National Assembly.
Article 113 Formation of Ministries, and Ministers
(1) The formation, abolition, functions, powers and organisation of the ministries
shall be regulated by law.
(2) A minister may act for another if a ministry becomes vacant or if the minister
is on leave or absent for a valid reason. However, a minister shall not act
for more than one other minister.
(3) A minister who is brought before the Supreme Court by decision of the Turkish
Grand National Assembly, shall lose his/her ministerial status. If the Prime
Minister is brought before the Supreme Court, the Government shall be considered
to have resigned.
(4) If a Ministerial position becomes vacant for any reason, a new appointment
shall be made to it within fifteen days.
Article 114 Provisional Council of Ministers During
Elections
(1) The Ministers of Justice, Internal Affairs and Communications shall resign
prior to general elections from the Turkish Grand National Assembly.
(2) Three days before the beginning of the elections or in the event of a decision
to hold new elections before the end of the election term, within five days
of this decision, the Prime Minister shall appoint independent persons from
within or outside the Turkish Grand National Assembly to these Ministries.
(3) In the event of a decision to hold new elections under Article 116, the
Council of Ministers shall resign and the President of the Republic shall appoint
a Prime Minister to form a Provisional Council of Ministers.
(4) The Provisional Council of Ministers shall be composed of members of the
political party groups in proportion to their parliamentary membership with
the exception of the ministers of Justice, Internal Affairs, and Communications,
who shall be independent persons appointed from within or outside the Turkish
Grand National Assembly.
(5) The number of members to be taken from political party groups shall be determined
by the President of the Turkish Grand National Assembly, and shall be communicated
to the Prime Minister. Party members who do not accept the ministerial posts
offered to them, or who subsequently, resign shall be replaced by independent
persons from within or outside the Grand National Assembly of Turkey.
(6) The Provisional Council of Ministers shall be formed within five days of
publication in the Official Gazette of the decision to hold new elections.
(7) The Provisional Council of Ministers shall not be subject to a vote of confidence.
(8) The Provisional Council of Ministers shall remain in office for the duration
of the elections, and until the new Assembly convenes.
Article 115 Regulations
(1) The Council of Ministers may issue regulations governing the mode of implementation
of laws or designating matters ordered by law, provided that they do not conflict
with existing laws and are examined by the Council of State.
(2) Regulations shall be signed by the President of the Republic and promulgated
in the same manner as laws.
Article 116 Calling for Elections for the Turkish Grand
National Assembly by the President of the Republic
(1) In cases where the Council of Ministers fails to receive a vote of confidence
under Article
110 or is compelled to resign by a vote of
no-confidence under Article
99 or
111,
and if a new Council of Ministers cannot be formed within forty-five days or
the new Council of Ministers fails to receive a vote of confidence, the President
of the Republic, in consultation with the President of the Turkish Grand National
Assembly, may call for new elections.
(2) 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 confidence
or also within forty- five days of elections for the Bureau of the President
of the Turkish Grand National Assembly of the newly elected Turkish Grand National
Assembly, the President of the Republic may likewise, in consultation with the
President of the Turkish Grand National Assembly, call for new elections.
(3) The decision to call for new elections shall be published in the Official
Gazette and the election shall be held thereafter.
Article 117 Staff
(1) The Office of Commander-in-Chief is inseparable from the spiritual existence
of the Turkish Grand National Assembly and is represented by the President of
the Republic.
(2) The Council of Ministers shall be responsible to the Turkish Grand National
Assembly for national security and for the preparation of the Armed Forces for
the defence of the country.
(3) The Chief of the General Staff is the commander of the Armed Forces, and,
in time of war exercises the duties of Commander-in-Chief on behalf of the President
of the Republic.
(4) The Chief of the General Staff shall be appointed by the President of the
Republic on the proposal of the Council of Ministers; his duties and powers
shall be regulated by law. The Chief of the General Staff shall be responsible
to the Prime Minister in the exercise of his duties and powers.
(5) The functional relations and scope of jurisdiction of the Ministry of National
Defence with regard to the Chief of the General Staff and the Commanders of
the Armed Forces shall be regulated by law.
Article 118 National Security Council
(1) The National Security Council shall be composed of the Prime Minister, the
Chief of the General Staff, the Ministers of National Defence, Internal Affairs,
and Foreign Affairs, the Commanders of the Army, Navy and the Air Force and
the General Commander of the Gendarmerie, under the chairmanship of the President
of the Republic.
(2) Depending on the particulars of the agenda, Ministers and other persons
concerned may be invited to meetings of the Council and their views heard.
(3) The National Security Council shall submit to the Council of Ministers its
views on taking decisions and ensuring necessary coordination with regard to
the formulation, establishment, and implementation of the national security
policy of the State. The Council of Ministers shall give priority consideration
to the decisions of the National Security Council concerning the measures that
it deems necessary for the preservation of the existence and independence of
the State, the integrity and indivisibility of the country and the peace and
security of society.
(4) The agenda of the National Security Councils be drawn up by the President
of the Republic taking into account the proposals of the Prime Minister and
the Chief of the General Staff.
(5) In the absence of the President of the Republic, the National Security Council
shall meet under the chairmanship of the Prime Minister.
(6) The organisation and duties of the General Secretariat of the National Security
Council shall be regulated by law.
Article 119 Declaration of a State of Emergency on
Account of Natural Disaster or Serious Economic Crisis
In the event of natural disaster, dangerous epidemic diseases or a serious economic
crisis, the Council of Ministers, meeting under the chairmanship 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.
Article 120 Declaration of a State of Emergency on
Account of Widespread Acts of Violence and Serious Deterioration of Public Order
In the event of the emergency of serious indications of widespread acts of violence
aimed at the destruction of the free democratic order established by the Constitution
or of fundamental rights and freedoms, or serious deterioration of public order
because of acts of violence, the Council of Ministers, meeting under the chairmanship
of the President of the Republic, after consultation with the National Security
Council, may declare a state of emergency in one or more regions or throughout
the country for a period not exceeding six months.
Article 121 Rules Relating to the State of Emergency
(1) In the event of a declaration of a state of emergency under the provisions
of Articles 119 and 120 of the Constitution, this decision shall be published
in the Official Gazette and shall be submitted immediately to the Turkish Grand
National Assembly for approval. If the Turkish Grand National Assembly is in
recess, it shall be summoned immediately. The Assembly may alter the duration
of the state of emergency, extend the period for a maximum of four months each
time at the request of the Council of Ministers, or may lift the state of emergency.
(2) The financial, material, and labour obligations which are to be imposed
on citizens in the event of the declaration of state of emergency under Article
119 and, applicable according to the nature of each kind of state of emergency,
the procedure as to how fundamental rights and freedoms shall be restricted
or suspended in line with the principles of Article
15,
how and by what means the measures necessitated by the situation shall be taken,
what sort of powers shall be conferred on public servants, what kind of changes
shall be made in the status of officials, and the procedure governing emergency
rule, shall be regulated by the Law on State of Emergency.
(3) During the state of emergency, the Council of Ministers meeting under the
chairmanship of the President of the Republic, may issue decrees having force
of law on matters necessitated by the state of emergency. These decrees shall
be published in the Official Gazette, and shall be submitted to the Turkish
Grand National Assembly on the same day for approval; the time limit and procedure
for their approval by the Assembly shall be indicated in the Rules of Procedure.
Article 122 Martial Law, Mobilisation and State of
War
(1) The Council of Ministers, under the chairmanship of the President of the
Republic, after consultation with the National Security Council, may declare
martial law in one or more regions or throughout the country for a period not
exceeding six months, in the event of widespread acts of violence which are
more dangerous than the cases necessitating a state of emergency and which are
aimed at the destruction of the free democratic order or the fundamental rights
and freedoms embodied in the Constitution; or 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 either internal or external origin threatening the indivisibility
of the country and the nation. This decision shall be published immediately
in the Official Gazette, and shall be submitted for approval to the Turkish
Grand National Assembly, on the same day. If the Turkish Grand National Assembly
is in recess, it shall be summoned immediately. The Turkish Grand National Assembly
may, when it deems necessary, reduce or extend the period of martial law or
lift it.
(2) During the period of martial law, the Council of Ministers meeting under
the chairmanship of the President of the Republic may issue decrees having force
of law on matters necessitated by the state of martial law.
(3) These decrees shall be published in the Official Gazette and shall be submitted
for approval to the Turkish Grand National Assembly on the same day. The time
limit and procedure for their approval by the Assembly shall be indicated in
the Rules of Procedure.
(4) Extension of the period of martial law for a maximum of four months each
time, shall require a decision of the Turkish Grand National Assembly. In the
event of state of war, the limit of four months does not apply.
(5) In the events of martial law, mobilisation and state of war, the provisions
to be applied and conduct of affairs, relations with the administration, the
manner in which freedoms are to be restricted or suspended and the obligations
to be imposed on citizens in a state of war or in the event of emergence of
a situation necessitating war, shall be regulated by law.
(6) The Martial Law Commanders shall exercise their duties under the authority
of the Office of the Chief of the General Staff
Article 123 Integral Unity and Public Legal Personality
of the Administration
(1) The administration forms a whole with regard to its structure and functions,
and shall be regulated by law.
(2) The organisation and functions of the administration are based on the principles
of centralization and local administration.
(3) Public corporate bodies shall be established only by law, or on the authority
expressly granted by law.
Article 124 [By-Laws]
The Prime Ministry, the ministries, and public corporate bodies may issue by-laws
in order to ensure the application of laws and regulations relating to their
particular fields of operation, provided that they are not contrary to these
laws and regulations. The law shall designate which by-laws are to be published
in the Official Gazette.
Article 125 Recourse to Judicial Review
(1) Recourse to judicial review shall be available against all actions and acts
of the administration.
(2) The acts of the President of the Republic in his own competence, and the
decisions of the Supreme Military Council are outside the scope of judicial
review.
(3) In suits filed against administrative acts, the statute of limitations shall
be effective from the date of written notification.
(4) Judicial power is limited to the verification of the conformity of the actions
and acts of the administration with law. No judicial ruling shall be passed
which restricts the exercise of the executive function in accordance with the
forms and principles prescribed by law, which has the quality of an administrative
action and act, or which removes discretionary powers.
(5) If the implementation of an administrative act would result in damages which
are difficult or impossible to compensate, and at the same time this act is
clearly unlawful, then a stay of execution may be decided upon, stating the
reasons why.
(6) The law may restrict the issuing of stay of execution orders in cases of
state of emergency, martial law, mobilisation and state of war, and for reasons
of national security, public order and public health.
(7) The administration shall be liable to compensate for damages resulting from
its actions and acts.
Article 126 Central Administration
(1) In terms of central administrative structure, Turkey is divided into provinces
on the basis of geographical situation and economic conditions, and public service
requirements; provinces are further divided into lower levels of administrative
districts.
(2) The administration of the provinces is based on the principle of devolution
of wider powers.
(3) Central administrative organisations comprising several provinces may be
established to ensure efficiency and coordination of public services. The functions
and powers of these organisations shall be regulated by law.
Article 127 Local Administrations
(1) Local administrative bodies are public corporate entities established to
meet the common local needs of the inhabitants of provinces, municipal districts
and villages, whose decision-making organs are elected by the electorate as
described in law, and whose principles of structure are also determined by law.
(2) The formation, duties and powers of the local administration shall be regulated
by law in accordance with the principle of local administration.
(3) The elections for local administrations shall be held every five years in
accordance with the principles set forth in Article
67.
However, general or by-elections for local administrative bodies or for members
thereof, which are to be held within a year before or after the general or by-elections
for deputies, shall be held simultaneously with the general or by-elections
for deputies. Special administrative arrangements may be introduced by law for
larger urban centres.
(4) The procedures dealing with objections to the acquisition by elected organs
of local government or their status as an organ, and their loss of such status,
shall be resolved by the judiciary. However, as a provisional measure, the Minister
of Internal Affairs may remove from office those organs of local administration
or their members against whom investigation or prosecution has been initiated
on grounds of offences related to their duties, pending judgment.
(5) The central administration has the power of administrative trusteeship over
the local governments in the framework of principles and procedures set forth
by law with the objective of ensuring the functioning of local services in conformity
with the principle of the integral unity of the administration, securing uniform
public service, safeguarding the public interest and meeting local needs, in
an appropriate manner.
(6) The formation of local administrative bodies into a union with the permission
of the Council of Ministers for the purpose of performing specific public services;
and the functions, powers, financial and security arrangements of these unions,
and their reciprocal ties and relations with the central administration, shall
be regulated by law. These administrative bodies shall be allocated financial
resources in proportion to their functions.
Article 128 Provisions Relating to Public Servants
(1) The fundamental and permanent functions required by the public services
that the State, State economic enterprises and other public corporate bodies
are assigned to perform, in accordance with principles of general administration,
shall be carried out by public servants and other public employees.
(2) The qualifications of public servants and other public employees, procedures
governing their appointments, duties and powers, their rights and responsibilities,
salaries and allowances, and other manners related to their status shall be
regulated by law.
(3) The procedure and principles governing the training of senior administrators
shall be specially regulated by law.
Article 129 Duties and Responsibilities, and Guarantees
During Disciplinary Proceedings
(1) Public servants and other public employees are obliged to carry out their
duties with loyalty to the Constitution and the laws.
(2) Public servants, other public employees and members of public professional
organisations or their higher bodies shall not be subjected to disciplinary
penalties without being granted the right of defence.
(3) Disciplinary decisions shall be subject to judicial review, with the exception
of warnings and reprimands.
(4) Provisions concerning the members of the Armed Forces, judges and prosecutors
are reserved.
(5) Actions for damages arising from faults committed by public servants and
other public employees in the exercise of their duties shall be brought against
the administration only in accordance with the procedure and conditions prescribed
by law, and subject to recourse to them.
(6) Prosecution of public servants and other public employees for alleged offences
shall be subject, except in cases prescribed by law, to the permission of the
administrative authority designated by law.
Article 130 Institutions of Higher Education
(1) For the purpose of training manpower under a system of contemporary education
and training principles and meeting the needs of the nation and the country,
universities comprising several units will be established by the State and by
law as public corporations having autonomy in teaching, assigned to educate,
train at different levels after secondary education, and conduct research, to
act as consultants, to issue publications and to serve the country and humanity.
(2) Institutions of higher education, under the supervision and control of the
State, can be established by foundations in accordance with the procedures and
principles set forth in the law provided that they do not pursue lucrative aims.
(3) The law shall provide for a balanced geographical distribution of universities
throughout the country.
(4) Universities, members of the teaching staff and their assistants may freely
engage in all kinds of scientific research and publication. However, this shall
not include the liberty to engage in activities directed against the existence
and independence of the State, and against the integrity and indivisibility
of the Nation and the Country.
(5) Universities and units attached to them are under the control and supervision
of the State and their security is ensured by the State.
(6) University rectors shall be appointed by the President of the Republic,
and faculty deans by the Higher Education Council, in accordance with the procedures
and provisions of the law.
(7) The administrative and supervisory organs of the universities and the teaching
staff may not for any reason whatsoever be removed from their office by authorities
other than those of the competent organs of the university or by the Higher
Education Council.
(8) The budgets drawn up by universities, after being examined and approved
by the Higher Education Council shall be presented to the Ministry of National
Education, and shall be put into effect and supervised in conformity with the
principles applied to general and subsidiary budgets.
(9) The establishment of institutions of higher education and their organs,
their functioning and elections, their duties, authorities and responsibilities,
the procedures to be followed by the State in the exercise of the right to supervise
and inspect the universities, the duties of the teaching staff, their titles,
appointments, promotions and retirement, the training of the teaching staff,
the relations of the universities and the teaching staff with public institutions
and other organisations, the level and duration of education, admission of students
into institutions of higher education, attendance requirements and fees, principles
relating to assistance to be provided by the State, disciplinary and penalty
matters, financial affairs, personnel rights, conditions to be conformed with
by the teaching staff, the assignment of the teaching staff in accordance with
inter-university requirements, the pursuance of training and education in freedom
and under guarantee and in accordance with the requirements of contemporary
science and technology, and the use of financial resources provided by the State
to the Higher Education Council and the universities, shall be regulated by
law.
(10) Institutions of higher education established by foundations shall be subject
to the provisions set forth in the Constitution for State institutions of higher
education, as regards the academic activities, recruitment of teaching staff
and security, except for the financial and administrative matters.
Article 131 Superior Bodies of Higher Education
(1) The Higher Education Council shall be established to plan, organise, administer,
and supervise the education provided by institutions of higher education, to
orient the activities of teaching, education and scientific research, to ensure
the establishment and development of these institutions in conformity with the
objectives and principles set forth by law, to ensure the effective use of the
resources allotted to the universities, and to plan the training of the teaching
staff.
(2) The Higher Education Council is composed of members appointed by the President
of the Republic from among the candidates who are nominated by the Council of
Ministers, the Chief of the General Staff and the universities, and in accordance
with the numbers, qualifications and procedure prescribed by law, priority being
given to those who have served successfully as faculty members as rectors, and
of members directly appointed by the President of the Republic himself.
(3) The organisation, functions, authority, responsibility and operating principles
of the Council shall be regulated by law.
Article 132 Institutions of Higher Education Subject
to Special Provisions
Institutions of Higher Education attached to the Turkish Armed Forces and to
the security organisation are subject to the provisions of their respective
special laws.
Article 133 Radio and Television Administration and
News Agencies With State Connections
(1) Radio and television stations shall be established and administered freely
in conformity with rules to be regulated by law.
(2) The unique radio and television administration established by the State
as a public corporate body and the news agencies which receive aid from public
corporate bodies shall be autonomous and their broadcasts shall be impartial.
Article 134 The Atatürk High Institution of Culture,
Language and History
(1) The "Atatürk High Institution of Culture, Language and History" shall
be established as a public corporate body, under the moral aegis of Atatürk,
under the supervision and with the support of the President of the Republic,
attached to the Office of the Prime Minister, and composed of the Atatürk
Center of Research, the Turkish Language Society, the Turkish Historical Society
and the Atatürk Cultural Center, in order to conduct scientific research,
to produce publications and to disseminate information on the thought, principles
and reforms of Atatürk, Turkish culture, Turkish history and the Turkish
language.
(2) The financial income of the Turkish Language Society and Turkish Historical
Society, bequeathed to them by Atatürk in his will are reserved and shall
be allocated to them accordingly.
(3) The establishment, organs, operating procedures and personnel matters of
the Atatürk High Institution of Culture, Language and History, and its
authority over the institutions within it, shall be regulated by law.
Article 135 Public Professional Organisations
(1) Public professional organisations and their higher organisations are public
corporate bodies established by law, with the objectives to meet the common
needs of the members of a given profession, to facilitate their professional
activities, to ensure the development of the profession in keeping with the
common interests, to safeguard professional discipline and ethics in order to
ensure integrity and trust in relations among its members and with public; their
organs shall be elected by secret ballot by their members in accordance with
the procedure set forth in the law, and under judicial supervision.
(2) Persons regularly employed in public institutions, or in State economic
enterprises shall not be required to become members of public professional organisations.
(3) These professional organizations shall not engage in activities outside
the aims for which they are established.
(4) Political parties shall not nominate candidates in elections for the organs
of these professional organizations or their higher bodies.
(5) The rules concerning the administrative and financial supervision of these
professional organizations by the State shall be prescribed by law.
(6) The responsible organs of professional organizations which engage in activities
beyond their objectives shall be dissolved by court decision at the request
of the authority designated by law or of public prosecutor, and new organs shall
be elected in their place.
(7) However, in cases where delay endangers national security, public order
and in cases where it is necessary to prevent the perpetration or the continuation
of a crime or to effect an apprehension, an authority designated by law may
be vested with power to suspend professional organizations from activity. The
decision of the said authority shall be submitted for approval to the judge
in charge within twenty-four hours. Unless the judge declares decision within
forty-eight hours, this administrative decision is annulled automatically.
Article 136 Department of Religious Affairs
The Department of Religious Affairs, which is within the general administration,
shall exercise its duties prescribed in its particular law, in accordance with
the principles of secularism, removed from all political views and ideas, and
aiming at national solidarity and integrity.
Article 137 Unlawful Orders
(1) A person employed in public services, irrespective of his position or status,
when he finds an order given by his superiors to be contrary to the provisions
of by- laws, regulations, laws, or the Constitution shall not carry it out,
and shall inform the person giving the order of this inconsistency. However,
if his superior insists on the order and renews it in writing, his order shall
be executed; in this case the person executing the order shall not be held responsible.
(2) An order which in itself constitutes an offence shall under no circumstances
be executed; the person who executes such an order shall not evade responsibility.
(3) Exceptions designated by law relating to the execution of military duties
and the protection of public order or public security in urgent situations are
reserved.
Article 138 Independence of the Courts
(1) Judges shall be independent in the discharge of their duties; they shall
give judgment in accordance with the Constitution, law, and their personal conviction
conforming with the law.
(2) No organ, authority, office or individual may give orders or instructions
to courts or judges relating to the exercise of judicial power, send them circulars,
or make recommendations or suggestions.
(3) No questions shall be asked, debates held, or statements made in the Legislative
Assembly relating to the exercise of judicial power concerning a case under
trial.
(4) Legislative and executive organs and the administration shall comply with
court decisions; these organs and the administration shall neither alter them
in any respect, nor delay their execution.
Article 139 Security of Tenure of Judges and Public
Prosecutors
(1) Judges and public prosecutors shall not be dismissed, or retired before
the age prescribed by the Constitution; nor shall they be deprived of their
salaries, allowances or other rights relating to their status, even as a result
of the abolition of court or post.
(2) Exceptions indicated in law relating to those convicted for an offence requiring
dismissal from the profession, those who are definitely established as unable
to perform their duties on account of ill-health, and those determined as unsuitable
to remain in the profession, are reserved.
Article 140 Judges and Public Prosecutors
(1) Judges and public prosecutors shall serve as judges and public prosecutors
of courts of justice and of administrative courts. These duties shall be carried
out by career judges and public prosecutors.
(2) Judges shall discharge their duties in accordance with the principles of
the independence of the courts and the security of tenure of judges.
(3) The qualifications, appointment, rights and duties, salaries and allowances
of judges and public prosecutors, their promotion, temporary or permanent change
in their duties or posts, the initiation of disciplinary proceedings against
them and the subsequent imposition of disciplinary penalties, the conduct of
investigation concerning them and the subsequent decision to prosecute them
on account of offences committed in connection with, or in the course of, their
duties, the conviction for offences or instances of incompetence requiring their
dismissal from the profession, their in-service training and other matters relating
to their personnel status shall be regulated by law in accordance with the principles
of the independence of the courts and the security of tenure of judges.
(4) Judges and public prosecutors shall exercise their duties until they reach
the age of sixty-five; the promotion according to age and the retirement of
military judges shall be prescribed by law.
(5) Judges and public prosecutors shall not assume official or public functions
other than those prescribed by law.
(6) Judges and public prosecutors shall be attached to the Ministry of Justice
in so far as their administrative functions are concerned.
(7) Those judges and public prosecutors working in administrative posts of the
justice service shall be subject to the same provisions as other judges and
public prosecutors. Their categories and grades shall be determined according
to the principles applying to judges and public prosecutors and they shall enjoy
all the rights accorded to judges and public prosecutors.
Article 141 Publicity of Hearings and Verdict Justification
(1) Court hearings shall be open to the public. It may be decided to conduct
all or part of the hearings in closed session only in cases where absolutely
required for reasons of public morality or public security.
(2) Special provisions shall be provided in the law with respect to the trial
of minors.
(3) The decisions of all courts shall be made in writing with a statement of
justification.
(4) It is the duty of the judiciary to conclude trials as quickly as possible
and at minimum cost.
Article 142 Organisation of Courts
The organisation, functions and jurisdiction of the courts, their functioning
and trial procedures shall be regulated by law.
Article 143 Courts for Security of the State
(1) Courts for Security of the State shall be established to deal with offences
against the indivisible integrity of the State with its territory and nation,
the free democratic order, or against the Republic whose characteristics are
defined in the Constitution, and offences directly involving the internal and
external security of the State.
(2) The Court for Security of the State shall consist of a president, two regular
and two substitute members, one public prosecutor and a sufficient number of
deputy public prosecutors.
(3) The president, one regular and one substitute member and the public prosecutor
from among first category judges and public prosecutors; one regular and one
substitute member from among first category military judges; and deputy public
prosecutors from among public prosecutors of the Republic and military judges,
shall be appointed in accordance with procedures prescribed by their special
laws.
(4) The president, members and substitute members, and public prosecutors and
deputy public prosecutors of the Court for Security of the State shall be appointed
for four years; those whose term of office expires may be reappointed.
(5) The High Court of Appeals is the competent authority to examine appeals
against the verdicts of the Court of the Security of the State.
(6) Other provisions relating to the functioning, the duties and jurisdiction
and the trial procedure of the Court for Security of the State shall be prescribed
by law.
(7) In the event of declaration of martial law within the regions under the
jurisdiction of a Court for Security of the State, the latter may be transformed,
in accordance with the provisions prescribed by law, into a Martial Law Military
Tribunal with jurisdiction restricted to those regions.
Article 144 Supervision of Judges and Public Prosecutors
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 attitude are in conformity with their status and
duties and if necessary, inquiry and investigations concerning them shall be
made by judiciary inspectors with the permission of the Ministry of Justice.
The Minister of Justice may request the investigation or inquiry to be conducted
by a judge or public prosecutor who is senior to the judge or public prosecutor
to be investigated.
Article 145 Military Justice
(1) Military justice shall be exercised by military courts and military disciplinary
courts. These courts shall have jurisdiction to try military personnel for military
offences, for offences committed by them against other military personnel or
in military places, or for offences connected with military service and duties.
(2) Military courts also have jurisdiction to try non-military persons for military
offences specified in the special law; and for offences committed while performing
their duties specified by law, or against military personnel on military places
specified by law.
(3) The offences and persons falling within the jurisdiction of military courts
in time of war or under martial law, their organisation and the appointment,
where necessary, of judges and public prosecutors from courts of justice to
military courts shall be regulated by law.
(4) The organisation of military judicial organs, their functions, matters repaying
to the status of military judges, relations between military judges acting as
military prosecutors and the office of commander under which they serve, shall
be regulated by law in accordance with the principles of the independence of
courts and the security of tenure of judges and with the requirements of military
service. Relations between military judges and the office of commander under
which they serve, regarding the requirements of military service apart from
judicial functions, shall also be prescribed by law.
Article 146 The Constitutional Court
(1) The Constitutional Court shall be composed of eleven regular and four substitute
members.
(2) The President of the Republic shall appoint two regular and two substitute
members from the High Court of Appeals, two regular and one substitute member
from the Council of State, and one member each from the Military High Court
of Appeals, the High Military Administrative Court and the Audit Court, three
candidates being nominated for each vacant office by the Plenary Assemblies
of each court from among their respective presidents and members, by an absolute
majority of the total number of members; the President of the Republic shall
also appoint one member from a list of three candidates nominated by the Higher
Education Council from among members of the teaching staff of institutions of
higher education who are not members of the Council, and three members and one
substitute member from among senior administrative officers and lawyers.
(3) To qualify for appointments as regular or substitute members of the Constitutional
Court, members of the teaching staff of institutions of higher education, senior
administrative officers and lawyers shall be required to be over the age of
forty and to have completed their higher education, or to have served at least
fifteen years as a member of the teaching staff of institutions of higher education
or to have actually worked at least fifteen years in public service or to have
practiced as a lawyer for at least fifteen years.
(4) The Constitutional Court shall elect a president and Deputy president from
among its regular members for a term of four years by secret ballot and by an
absolute majority of the total number of members. They may be re-elected at
the end of their term of office.
(5) The members of the Constitutional Court shall not assume other official
and private functions, apart from their main functions
Article 147 Termination of Membership
(1) The members of the Constitutional Court shall retire on reaching the age
of sixty-five.
(2) Membership in the Constitutional Court shall terminate automatically if
a member is convicted of an offence requiring his dismissal from the judicial
profession, it shall terminate by a decision of an absolute majority of the
total number of members of the Constitutional Court if it is definitely established
that he is unable to perform his duties on account of ill heath.
Article 148 Functions and Powers
(1) The Constitutional Court shall examine the constitutionality, in respect
of both form and substance, of laws, decrees having force of law, and the Rules
of Procedure of the Turkish Grand National Assembly. Constitutional amendments
shall be examined and verified only with regard to their form. However, no action
shall be brought before the Constitutional Court alleging unconstitutionality
as to the form or substance of decrees having force of law issued during a state
of emergency, martial law or in time of war.
(2) The verification of laws as to form shall be restricted to consideration
of whether the requisite majority was obtained in the last ballot; the verification
of constitutional amendments shall be restricted to consideration of whether
the requisite majorities were obtained for the proposal and in the ballot, and
whether the prohibition on debates under urgent procedure was complied with.
Verification as to form may be requested by the President of the Republic or
by one-fifth of the members of the Turkish Grand National Assembly. Applications
for annulment on the grounds of defect in form shall not be made more than ten
days after the date on which the law was promulgated; nor shall objection be
raised.
(3) The President of the Republic, members of the Council of Ministers, presidents
and members of the Constitutional Court, of the High Court of Appeals, of the
Council of State, of the Military High Court of Appeals, of the High Military
Administrative Court of Appeals, their Chief Public Prosecutors, Deputy Public
Prosecutors of the Republic, and the presidents and members of the Supreme Council
of Judges and Public Prosecutors, and of the Audit Court shall be tried for
offences relating to their functions by the Constitutional Court in its capacity
as the Supreme Court.
(4) The Chief Public Prosecutor of the Republic or Deputy Chief Public Prosecutor
of the Republic shall act as public prosecutor in the Supreme Court.
(5) The judgements of the Supreme Court shall be final.
(6) The Constitutional Court shall also perform the other functions given to
it by the Constitution.
Article 149 Function and Trial Procedure
(1) The Constitutional Court shall convene with its president and ten members,
and shall take decisions by absolute majority. Decision of annulment of Constitutional
amendments shall be taken by a two-thirds majority.
(2) The Constitutional Court shall give priority to the consideration of, and
to decisions on, applications for annulment on the grounds of defect in form.
(3) The organisation and trial procedures of the Constitutional Court shall
be determined by law; its method of work and the division of labour among its
members shall be regulated by the Rules of Procedure made by the Court.
(4) The Constitutional Court shall examine cases on the basis of written evidence,
except where it acts as the Supreme Court. However, when it deems necessary,
it may call on those concerned and those having knowledge relevant to the case,
to present oral explanations and, in lawsuits on whether to permanently dissolve
a political party or not, the Constitutional Court shall hear the defence of
the chairman of the party whose dissolution is in process or of a proxy appointed
by the chairman, after the Chief Public Prosecutor of the Republic.
Article 150 Annulment Action
The President of the Republic, parliamentary groups of the party in power and
of the main opposition party and a minimum of one-fifth of the total number
of members of the Turkish Grand National Assembly shall have the right to apply
for annulment action to the Constitutional Court, based on the assertion of
the unconstitutionality of laws in form and in substance, of decrees having
force of law, of Rules of Procedure of the Turkish Grand National Assembly or
of specific Articles or provisions thereof. If more than one political party
is in power, the right of the parties in power to apply for annulment action
shall be exercised by the party having the greatest number of members.
Article 151 Time Limit for Annulment Action
The right to apply for annulment directly to the Constitutional Court shall
lapse sixty days after publication in the Official Gazette of the contested
law, the decree having force of law, or the Rules of Procedure.
Article 152 Contention of Unconstitutionality Before
Other Courts
(1) If a court which is trying a case, finds that the law or the decree having
force of law to be applied is unconstitutional, or if it is convinced of the
seriousness of a claim of unconstitutionality submitted by one of the parties,
it shall postpone the consideration of the case until the Constitutional Court
decides on this issue.
(2) If the court is not convinced of the seriousness of the claim of unconstitutionality,
such a claim together with the main judgment shall be decided upon by the competent
authority of appeal.
(3) The Constitutional Court shall decide on the matter and make public its
judgment within five months of receiving the contention. If no decision is reached
within this period, the trial court shall conclude the case under existing legal
provisions. However, if the decision on the merits of the case becomes final,
the trial court is obliged to comply with it.
(4) No allegation of unconstitutionality shall be made with regard to the same
legal provision until ten years elapse after publication in the Official Gazette
of the decision of the Constitutional Court dismissing the application on its
merits.
Article 153 Decisions of the Constitutional Court
(1) The decisions of the Constitutional Court are final. Decisions of annulment
cannot be made public without a written statement of reasons.
(2) In the course of annulling the whole or a provision of laws or decrees having
force of law, the Constitutional Court shall not act as a law-maker and pass
judgment leading to new implementation.
(3) Laws, decrees having force of law, or the Rules of Procedure of the Turkish
Grand National Assembly or provisions thereof, shall cease to have effect from
the date of publication in the Official Gazette of the annulment decision. Where
necessary, the Constitutional Court may also decide on the date on which the
annulment decision shall come into effect. That date shall not be more than
one year from the date of publication of the decision in the Official Gazette.
(4) In the event of the postponement of the date on which an annulment decision
is to come into effect, the Turkish Grand National Assembly shall debate and
decide with priority on the draft bill or law proposal, designed to fill the
legal void arising from the annulment decision.
(5) The annulment decision cannot have retroactive effect.
(6) Decisions of the Constitutional Court shall be published immediately in
the Official Gazette, and shall be binding on the legislative, executive, and
judicial organs, on the administrative authorities, and on persons and corporate
bodies.
Article 154 The High Court of Appeals
(1) The High Court of Appeals is the last instance for reviewing decisions and
judgements given by courts of justice and which are not referred by law to other
judicial authority. It shall also be the first and last instance for dealing
with specific cases prescribed by law.
(2) Members of the High Court of Appeals shall be appointed by the Supreme Council
of Judges and Public Prosecutors from among first category judges and public
prosecutors of the Republic, of the courts of justice, or those considered to
be members of this profession, by secret ballot and by an absolute majority
of the total number of members.
(3) The first president, first deputy presidents and heads of division shall
be elected by the Plenary Assembly of the High Court of Appeals from among its
own members, for a term of four years, by secret ballot and by an absolute majority
of the total number of members; they may be re-elected at the end of their term
of office.
(4) The Chief Public Prosecutor of the Republic and the Deputy Chief Public
Prosecutor of the Republic of the High Court of Appeals shall be appointed by
the President of the Republic for a term of four years from among five candidates
nominated for each office by the Plenary Assembly of the High Court of Appeals
from among its own members by secret ballot. They may be re-elected at the end
of their term of office.
(5) The organisation, the function, the qualifications and procedures of election
of the president, deputy presidents, the heads of division and members and the
Chief Public Prosecutor of the Republic and the Deputy Chief Public Prosecutor
of the Republic of the High Court of Appeals shall be regulated by law in accordance
with the principles of the independence of courts and the security of tenure
of judges.
Article 155 Council of State
(1) The Council of State is the last instance for reviewing decisions and judgements
given by administrative courts and which are not referred by law to other administrative
courts. It shall also be the first and last instance for dealing with specific
cases prescribed by law.
(2) The Council of State shall try administrative cases, give its opinions on
draft legislation submitted by the Prime Minister and the Council of Ministers,
examine draft regulations and the conditions and contracts under which concessions
are granted, settle administrative disputes and discharge other duties as prescribed
by law.
(3) Three-fourths of the members of the Council of State shall be appointed
by the Supreme Council of Judges and Public Prosecutors from among the first
category administrative judges and public prosecutors, or those considered to
be of this profession; and the remaining one-fourth of the members by the President
of the Republic from among officials meeting the requirements designated by
law.
(4) The president, chief public prosecutor, deputy president, and heads of division
of the Council of State shall be elected by the Plenary Assembly of the Council
of State from among its own members for a term of four years by secret ballot
and by an absolute majority of the total number of members. They may be re-elected
at the end of their term of office.
(5) The organisation, the functioning, the qualifications and procedures of
election of the president, the chief public prosecutor, the deputy presidents
and the heads of division and the members of the Council of State, shall be
regulated by law in accordance with the principles of specific nature of the
administrative jurisdiction, and of the independence of the Courts and the security
of tenure of judges.
Article 156 Military High Court of Appeals
(1) The Military High Court of Appeals is the last instance for reviewing decisions
and judgements given by military courts. It shall also be the first and last
instance for dealing with specific cases designated by law concerning military
personnel.
(2) Members of the Military High Court of Appeals shall be appointed by the
President of the Republic from among three candidates nominated for each vacant
office by the Plenary Assembly of the Military High Court of Appeals from among
military judges of the first category, by secret ballot and by an absolute majority
of the total number of members.
(3) The president, chief public prosecutor, second presidents and heads of division
of the Military High Court of Appeals shall be appointed according to rank and
seniority from among the members of the Military High Court of Appeals.
(4) The organisation, the functioning of the Military High Court of Appeals,
and disciplinary and personnel matters relating to the status of its members
shall be regulated by law in accordance with the principles of the independence
of the courts and the security of tenure of judges and with the requirements
of military service.
Article 157 High Military Administrative Court of Appeals
(1) The High Military Administrative Court of Appeals shall be the first and
last instance for the judicial supervision of disputes arising from administrative
acts and actions involving military personnel or relating to military service,
even if such acts and actions have been carried out by civilian authorities.
However, in disputes arising from the obligation to perform military service,
there shall be no condition that the person concerned be a member of the military
body.
(2) Members of the High Military Administrative Court of Appeals who are military
judges shall be appointed by the President of the Republic from a list of three
candidates nominated for each vacant office by the president and members of
the Court, who are also military judges, by secret ballot and by an absolute
majority of the total number of such members, from among military judges of
the first category; members who are not military judges shall be appointed by
the President of the Republic from a list of three candidates nominated for
each vacant office by the Chief of the General Staff from among officers holding
the rank and qualifications prescribed by law.
(3) The term of office of members who are not military judges shall not exceed
four years.
(4) The president, chief public prosecutor and head of division of the Court
shall be appointed from among military judges according to rank and seniority.
(5) The organisation and functioning of the High Military Administrative Court,
its procedure, disciplinary affairs and other matters relating to the status
of its members shall be regulated by law in accordance with the principles of
the independence of the courts and the security of tenure of judges within the
requirements of military service.
Article 158 Jurisdictional Conflict Court
(1) The Jurisdictional Conflict Court shall be empowered to deliver final judgements
in disputes between courts of justice, and administrative and military courts
concerning their jurisdiction and decisions.
(2) The organisation of the Jurisdictional Conflict Court, the qualifications
of its members and the procedure for their election, and its functioning shall
be regulated by law. The office of president of this Court shall be held by
a member delegated by the Constitutional Court from among its own members.
(3) Decisions of the Constitutional Court shall take precedence in jurisdictional
disputes between the Constitutional Court and other courts.
Article 159 Supreme Council of Judges and Public Prosecutors
(1) The Supreme Council of Judges and Public Prosecutors shall be established
and shall exercise its functions in accordance with the principles of the independence
of the courts and the security of tenure of judges.
(2) The President of the Council is the Minister of Justice. The Undersecretary
to the Minister of Justice shall be an ex- officio member of the Council. Three
regular and three substitute members of the Council shall be appointed by the
(3) President of the Republic for a term of four years from a list of three
candidates nominated for each vacant office by the Plenary Assembly of the High
Court of Appeals from among its own members and two regular and two substitute
members shall be similarly appointed from a list of three candidates nominated
for each vacant office by the Plenary Assembly of the Council of State. They
may be re-elected at the end of their term of office. The Council shall elect
a deputy president from among its elected regular members.
(4) The Supreme Council of Judges and Public Prosecutors shall deal with the
admission of judges and public prosecutors of courts of justice and of administrative
courts into the profession, appointments, transfers to other posts, the delegation
of temporary powers, promotion, and promotion to the first category, the allocation
of posts, decisions 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 an office of judge or public prosecutor,
or changes in the jurisdiction of a court. It shall also exercise the other
functions given to it by the Constitution and laws.
(5) There shall be no appeal to any judicial instance against the decisions
of the Council.
(6) The functioning of the Council and methods of performing its duties, the
procedure governing election and working methods, the principles relating to
the examination of objections within the Council shall be regulated by law.
(7) The Minister of Justice is empowered to appoint judges and public prosecutors
with their consent, to temporary or permanent functions in the central offices
of the Ministry of Justice.
(8) The Minister of Justice may, in cases where delay is deemed prejudicial,
confer temporary powers on judges or public prosecutors to prevent the disruption
of services, subject to the approval of the Supreme Council of Judges and Public
Prosecutors at its first meeting thereafter.
Article 160 Audit Court
(1) The Audit Court shall be charged with auditing, on behalf of the Turkish
Grand National Assembly, all the accounts relating to the revenue, expenditure
and property of government departments financed by the general and subsidiary
budgets, with taking final decisions on the acts and accounts of the responsible
officials, and with exercising the functions required of it by law in matters
of inquiry, auditing and judgment. Parties concerned may file a single request
for reconsideration of a final decision of the Audit Court within fifteen days
of the date of written notification of the decision. No applications for judicial
review of such decisions shall be filed in administrative courts.
(2) In the event of a dispute between the Council of State and the Audit Court
concerning decisions on matters of taxation or similar financial obligations
and duties, the decision of the Council of State shall take precedence.
(3) The organisation, functioning and auditing procedure of the Audit Court,
the qualifications, appointment, duties and powers, rights and obligations of
its members, other matters relating to their personal status, and the security
of tenure of the president and members shall be regulated by law. The procedure
for auditing, on behalf of the Turkish Grand National Assembly, of State property
in possession of the Armed Forces shall be regulated by law in accordance with
the principles of secrecy required by National Defence.
Article 161 Preparation and Implementation of the Budget
(1) The expenditures of the State and those of public corporations other than
State economic enterprises shall be determined by annual budgets.
(2) The beginning of the fiscal year and the preparation and implementation
of the general and subsidiary budgets shall be defined by law.
(3) 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.
(4) No provisions other than those pertaining to the budget shall be included
in the Budget Act.
Article 162 Debate on the Budget
(1) The Council of Ministers shall submit the draft of general and subsidiary
budgets and the report containing the national budgetary estimates to the Turkish
Grand National Assembly at least seventy-five days before the beginning of the
fiscal year.
(2) The draft budgets and the reports shall be considered by the Budget Committee,
which shall be composed of forty members. In the composition of this Committee,
the proportional representation of the various political party groups and independent
members in the Assembly, shall be taken into consideration subject to the allocation
of at least twenty-five seats to members of the party or parties in power.
(3) Draft budget, which shall be adopted by the Budget Committee within fifty-five
days shall thereafter be considered by the Assembly and shall be decided on
before the beginning of the fiscal year.
(4) Members of the Turkish Grand National Assembly shall express their opinions
on ministerial, departmental and subsidiary budgets during the debates held
in Plenary Session on each budget as a whole; the various headings and motions
for amendments shall be read out and put to the vote without separate debate.
(5) During debates in the plenary session on the draft Budget Act, members of
the Turkish Grand National Assembly shall not make proposals which entail an
increase in expenditure or a decrease in revenue.
Article 163 Principles Governing Budgetary Amendments
The appropriations granted under the general and subsidiary budgets shall indicate
the limit of expenditure allowed. No provisions shall be included in the budget
to the effect that the limit of expenditure may be exceeded in pursuance of
a decision of the Council of Ministers. The Council of Ministers shall not be
empowered to amend the budget by a decree having force of law. In draft amendments
entailing an increase in appropriations under the budget for the current fiscal
year and, in draft laws and law proposals providing for additional financial
commitments in the budgets for the current or following year, the financial
resources which would meet the stated expenditure shall be indicated.
Article 164 Final Account
(1) Draft final accounts shall be submitted to the Turkish Grand National Assembly
by the Council of Ministers within seven months of the end of the relevant fiscal
year, unless a shorter period is prescribed by law. The Audit Court shall submit
its notice of conformity to the Turkish Grand National Assembly within seventy-five
days of the submission of the draft final accounts in question.
(2) The draft final accounts shall be placed on the agenda of the Budget Committee
together with the Draft Budget Act for the new fiscal year. The Budget Committee
shall submit the draft Budget Act to the Plenary Assembly in conjunction with
the draft final accounts; the Plenary Assembly shall consider, and decide on
the draft final accounts in conjunction with the draft Budget Act for the new
fiscal year.
(3) The submission of the draft final accounts and the notice of conformity
to the Turkish Grand National Assembly shall not preclude the auditing of accounts
for the relevant year which have not already been dealt with by the Audit Court
and shall not indicate that a final decision has been taken on these accounts.
Article 165 Auditing of State Economic Enterprises
The principles governing the auditing, by the Turkish Grand National Assembly
of the accounts of public establishments and partnerships in which more than
half of the capital directly or indirectly belongs to the State, shall be regulated
by law.
Article 166 Planning
(1) The planning of economic, social and cultural development, in particular
the speedy, balanced and harmonious development of industry and agriculture
throughout the country, and the efficient use of national resources on the basis
of detailed analysis and assessment and the establishment of the necessary organisation
for this purpose are the duties of the State.
(2) Measures to increase national thriftiness and production, to ensure stability
in prices and balance in foreign trade transactions, to promote investment and
employment, shall be included in the plan; in investments, public benefit and
requirements shall be taken into account; the efficient use of resources shall
be aimed at. Development activities shall be realised according to this plan.
(3) The procedure and principles governing the preparation of development plans,
their approval by the Turkish Grand National Assembly, their implementation
and their revision, and of the prevention of amendments liable to affect the
unity of the plan shall be regulated by law.
Article 167 Supervision of Markets and Regulation of
Foreign Trade
(1) The State shall take measures to ensure and promote the sound, orderly functioning
of the money, credit, capital, goods and services markets; and shall prevent
the formation, in practice or by agreement, of monopolies and cartels in the
markets.
(2) In order to regulate foreign trade for the benefit of the economy of the
country, the Council of Ministers may be empowered by law to introduce or lift
additional financial impositions on imports, exports and other foreign transactions
in addition to tax and similar impositions.
Article 168 Exploration and Exploitation of Natural
Resources
Natural wealth and resources shall be placed under the control of, and put at
the disposal of the State. The right to explore and exploit resources belongs
to the State. The State may delegate this right to individuals or public corporations
for specific periods. Of the natural wealth and resources, those to be explored
and exploited by the State in partnership with individuals or public corporations,
and those to be directly explored and exploited by individuals or public corporations
shall be subject to the explicit permission of the law. The conditions to be
observed in such cases by individuals and public corporations, the procedure
and principles governing supervision and control by the State, and the sanctions
to be applied shall be prescribed by law.
Article 169 Protection and Development of Forests
(1) The State shall enact the necessary legislation and take the necessary measures
for the protection of forests and the extension of their areas. Forest areas
destroyed by fire shall be reafforested; other agricultural and stock-breeding
activities shall not be allowed in such areas, All forests shall be under the
care and supervision of the State.
(2) The ownership of State forests shall not be transferred to others. State
forests shall be managed and exploited by the State in accordance with the law.
Ownership of these forests cannot be acquired through prescription, nor shall
servitude other than that in the public interest be imposed in respect of such
forests.
(3) Acts and actions which might damage forests shall not be permitted. No political
propaganda which might lead to the destruction of forests shall be made; no
amnesties or pardons specifically granted for offences against forests shall
be legislated. Offences committed with the intention of burning or destroying
forests or reducing forest areas shall not be included within the scope of amnesties
or pardons on other occasions.
(4) The restraining of forest boundaries shall be prohibited, except in respect
of areas whose preservation as forests is considered technically and scientifically
useless, but whose conversion into agricultural land has been found definitely
advantageous, and in respect of fields, vineyards, orchards, olive groves or
similar areas which technically and scientifically ceased to be forest before
31 December 1981 and whose use for agricultural or stock-breeding purposes has
been found advantageous, and in respect of built-up areas in the vicinity of
cities, towns or villages.
Article 170 Protection of the Inhabitants of Forest
Villages
(1) Measures shall be introduced by law to secure co-operation between the State
and the inhabitants of villages located in or near forests in the supervision
and exploitation of forests for the purpose of ensuring their conservation and
improving the living conditions of their inhabitants; the law shall also regulate
the development of areas which technically and scientifically ceased to be forests
before 31 December 1981, the identification of areas whose preservation as forest
is considered technically and scientifically useless, their exclusion from forest
boundaries, their improvement by the State for the purpose of settling all or
some of the inhabitants of forest villages in them, and their allocation to
these villages.
(2) The State shall take measures to facilitate the acquisition, by these inhabitants,
of farming equipment and other inputs.
(3) The land owned by villagers resettled outside a forest shall immediately
be reafforested as a State forest.
Article 171 Promotion of Cooperatives
The State shall take measures, in keeping with national and economic interests,
to promote the development of cooperatives, which shall be primarily designed
to increase production and protect consumers.
Article 172 Protection of Consumers
The State shall take measures to protect and inform consumers; shall encourage
their initiatives to protect themselves.
Article 173 Protection of Small Traders and Craftsmen
The State shall take measures to protect and support small traders and craftsmen.
Article 174 Preservation of Reform Laws
No provision of the Constitution shall be construed or interpreted as rendering
unconstitutional the Reform Laws indicated below, which aim to raise Turkish
society above the level of contemporary civilisation and to safeguard the secular
character of the Republic, and which were in force on the date of the adoption
by referendum of the Constitution of Turkey.
1. Act No. 430 of 3 March 1340 (1924) on the Unification of the Educational
System;
2. Act No. 671 of 25 November 1341 (1925) on the Wearing of Hats;
3. Act No. 677 of 30 November 1341 (1925) on the Closure of Dervish Convents
and Tombs, the Abolition of the Office of Keeper of Tombs and the Abolition
and Prohibition of Certain Titles;
4. The principle of civil marriage according to which the marriage act shall
be concluded in the presence of the competent official, adopted with the Turkish
Civil Code No. 743 of 17 February 1926, and Article 110 of the Code;
5. Act No. 1288 of 20 May 1928 on the Adoption of International Numerals:
6. Act No. 1353 of 1 November 1928 on the Adoption and Application of the Turkish
Alphabet;
7. Act No 2590 of 26 November 1934 on the Abolition of Titles and Appellations
such as Efendi, Bey or Pasa;
8. Act No. 2596 of 3 December 1934 on the Prohibition of the Wearing of Certain
Garments.
Article 175 Amendment of the Constitution, Participation
in Elections and Referenda
(1) The constitutional amendment shall be proposed in writing by at least one-third
of the total number of members of the Turkish Grand National Assembly. Proposals
to amend the Constitution shall be debated twice in the Plenary Session. The
adoption of a proposal for an amendment shall require a three-fifths majority
of the total number of members of the Assembly by a secret ballot.
(2) The consideration and adopting of proposals for the amendment of the Constitution
shall be subject to the provisions governing the consideration and adoption
of legislation, with the exception of the conditions set forth in this article.
(3) The President of the Republic may refer the laws related to the Constitutional
amendments for further consideration. If the Assembly adopts the draft law referred
by the President by a two-thirds majority, the President may submit the law
to referendum.
(4) If a law is adopted by a three-fifths or less than two-thirds majority of
the total number of votes of the Assembly and is not referred by the President
for further consideration, it shall be published in the Official Gazette and
shall be submitted to referendum.
(5) A law on the Constitutional amendment adopted by a two-thirds majority of
the total number of members of the Turkish Grand National Assembly directly
or if referred by the President for further consideration, or its articles as
considered necessary may be submitted to a referendum by the President. Laws
or related articles of the Constitutional amendment not submitted to referendum
shall be published in the Official Gazette.
(6) Laws related to Constitutional amendment which are submitted to referendum,
shall require the approval of more than half of the valid votes cast.
(7) The Turkish Grand National Assembly, in adopting the laws related to the
Constitutional amendment, shall also decide on which provisions shall be submitted
to referendum together and which shall be submitted individually.
(8) Every measure including fines shall be taken to secure participation in
referenda, general, by-elections and local elections.
Article 176 Preamble and Headings of Articles
(1) The Preamble, which states the basic views and principles underlying the
Constitution, shall form an integral part of the Constitution.
(2) The headings of articles merely indicate the subject matter of the articles,
their order, and the connections between them. These headings shall not be regarded
as a part of the text of the Constitution.
Article 177 Entry into Force of the Constitution
(1) On its adoption by referendum and its publication in the Official Gazette,
this Constitution shall become the Constitution of the Republic of Turkey and
shall come into force in its entirety, subject to the following exceptions and
the provisions relating to their entry into force:
a. -- The provisions of Part II, Chapter II relating to personal liberty, to
security, the press, publication and the media, and the right to freedom of
assembly.
-- The provisions of Chapter III, relating to labour, collective agreements,
the right to strike, and lockout.
-- These provisions shall come into force when the relevant legislation is promulgated,
or when the existing legislation is amended, and at the latest, when the Turkish
Grand National Assembly assumes its functions. However until their entry into
force, existing legislation and the decrees and decisions of the Council of
National Security shall apply.
b. -- The provisions of Part II relating to political parties and the right
to engage in political activities, shall come into force on the promulgation
of the new Political Parties Act, which is to be prepared in accordance with
these provisions.
-- The right to vote and stand for election shall come into force on the promulgation
of the Elections Act, also to be prepared in accordance with these provisions.
c. The provisions of part III, relating to legislative power:
These provisions shall come into force on the proclamation of the results of
the first general elections. However, the provisions relating to the functions
and powers of the Turkish Grand National Assembly which take place in this section
shall be exercised by the Council of National Security until the Turkish Grand
National Assembly assumes its functions, the provisions of Act No. 2485 of 29
June 1981 on the Constituent Assembly being reserved.
d. The provisions of Part III relating to the functions and powers of the President
of the Republic and to the State Supervisory Council under the heading "President
of the Republic"; to regulations, National Defence, procedures governing emergency
rule under the heading "Council of Ministers"; to all other provisions under
the heading "Administration", except local administration, and except the Atatürk
High Institution of Culture, Language and History; and all the provisions relating
to the judiciary power, except the Courts of the Security of the State, shall
come into force on publication in the Official Gazette of the adoption by referendum
of the Constitution. The provisions relating to local administrations and to
the Courts for State Security shall come into force on the promulgation of the
relevant legislation.
e. If new legislation, or amendments to existing legislation are required in
connection with the constitutional provisions which are to come into force on
the proclamation of the adoption by referendum of the Constitution or in connection
with existing or future institutions, organisations and agencies, the procedure
to be followed shall be subject to those provisions of existing laws which are
not unconstitutional, or to the provisions of the Constitution, in accordance
with Article
11 of the Constitution.
(2) The second paragraph of Article
164 regulating the
procedure for the consideration of draft final accounts shall come into force
in 1984.
©
1994 -
Mar 11st, 2004
/ For corrections please contact A.
Tschentscher.
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