constitution

Constitution of the Turkish Republic-1982

Preamble

This Constitution, which recognizes the eternal existence of the Turkish homeland and nation and the indivisible integrity of the great Turkish state, in accordance with the concept of nationalism and the principles and reforms implemented by Atatürk, founder of the Turkish Republic , immortal guide and incomparable hero;

Building on the determination of the Turkish Republic, as a valued member of the family of the nations of the world and enjoying equal rights with theirs, to perpetuate its existence, to achieve material and spiritual well-being and happiness and to s ‘raise to the level of contemporary civilization;

Considering that, in view of the absolute supremacy of the national will, sovereignty belongs unconditionally and without reservations to the Turkish nation and that no person or institution empowered to exercise it on behalf of the nation can violate the liberal democracy specified herein Constitution or legal order defined according to its requirements;

Considering that the separation of powers does not imply an order of precedence between the organs of the State but consists in the exclusive exercise by each of them of specific state powers and functions accompanied by a civilized form of cooperation and division labor, and that there is precedence only for the benefit of the Constitution and laws;

Considering that no opinion or thought can be granted protection against Turkish national interests, the principle of the indivisibility of the Turkish entity from the point of view of the State and the territory, the inherent historical and spiritual values to the Turkish people, nor to nationalism, principles, reforms and modernism of Atatürk, and that by virtue of the principle of secularism, the feelings of religion, which are sacred, can in no case be mixed with the affairs of the ‘State or politics; whereas every Turkish citizen enjoys, in accordance with the imperatives of equality and social justice, the fundamental rights and freedoms set out in this Constitution, and has from the moment of birth the right and the faculty to lead a decent life within the national culture ,

Considering that all Turkish citizens have in common their feeling of national pride and glory, share national joys and sorrows, rights and duties towards the national entity, happiness and unhappiness, and that they are associated in all manifestations of national life, and have the right to demand a peaceful life, with absolute respect for their reciprocal rights and freedoms and taking into account the feelings of brotherhood and sincere love with which they are mutually animated and their desire confident for “Peace in the country, peace in the world”;

Is delivered and entrusted BY THE TURKISH NATION to the love for the fatherland and the nation of Turkish children in love with democracy, with a view to being understood in accordance with THE SPIRIT, IN FAITH AND IN THE RESOLUTION which animate and interpret it and applied in this sense with respect and absolute loyalty to his letter and his spirit.

Part One: General Principles
I . Form of State

Article 1 : The Turkish State is a Republic.

II . Characteristics of the Republic

Article 2 : The Republic of Turkey is a democratic, secular and social rule of law, respectful of human rights in a spirit of social peace, national solidarity and justice, attached to the nationalism of Atatürk and based on the fundamental principles expressed in the preamble.

III . State integrity, official language, flag, national anthem and capital

Article 3 : The Turkish State forms with its territory and its nation an indivisible entity. Its official language is Turkish. Its emblem, the form of which is defined by law, is a red flag on which there is a white star and crescent. His national anthem is the “Independence March”. Its capital is Ankara.

IV . Unalterable provisions

Article 4 : The provision of article 1 of the Constitution specifying that the form of the State is a Republic, as well as the provisions of article 2 relating to the characteristics of the Republic and those of article 3 cannot cannot be modified, nor can their modification be proposed.

V . Fundamental objectives and duties of the State

Article 5 : The fundamental objectives and duties of the State are to safeguard the independence and integrity of the Turkish nation, the indivisibility of the territory, the Republic and democracy; to ensure the well-being, peace and happiness of individuals and of society; remove political, economic and social obstacles which hinder the fundamental rights and freedoms of the individual, in a manner incompatible with the principles of justice, the rule of law and the social state; and to strive to bring about the conditions necessary for the flourishing of the material and spiritual existence of man.

VI . Sovereignty

Article 6 : Sovereignty belongs unconditionally to the nation. The Turkish nation exercises its sovereignty through the competent bodies and according to the principles established by the Constitution. In no case may the exercise of sovereignty be transferred to a specific individual, group or class. No individual or body can exercise state jurisdiction which does not find its source in the Constitution.

VII . Legislative authority

Article 7 : The legislative power belongs to the Grand National Assembly of Turkey on behalf of the Turkish nation. This power cannot be delegated.

VIII . Executive function and power

Article 8 : The executive function and power are exercised by the President of the Republic and the Council of Ministers, in accordance with the Constitution and the laws.

IX . Judicial power

Article 9 : Judicial power is exercised by independent courts on behalf of the Turkish nation.

X . Equality before the law

Article 10 : All individuals are equal before the law regardless of language, race, color, sex, political opinion, philosophical belief, religion or sect, or distinction based on similar considerations. Women and men have equal rights. The State is required to ensure the implementation of this equality. No privilege can be granted to any individual, family, group or class. State bodies and administrative authorities are required to act in accordance with the principle of equality before the law in all circumstances.

XI . Compulsory nature and supremacy of the Constitution

Article 11 : The provisions of the Constitution are fundamental legal principles which bind the legislative, executive and judicial bodies, the administrative authorities and all other institutions and persons. Laws cannot be contrary to the Constitution.

Part two: Fundamental rights and duties
Chapter 1: General provisions
I . Character of fundamental rights and freedoms

Article 12 : Everyone has fundamental rights and freedoms which are individual, inviolable, inalienable and which they cannot renounce. Fundamental rights and freedoms also include the duties and responsibilities of the individual to society, his family and others.

II . Limitation of fundamental rights and freedoms

Article 13 : ( modified by law n ° 4709 of 3.10.2001 ): Fundamental rights and freedoms can only be limited for reasons provided for by specific provisions of the Constitution and under the law, and insofar as these limitations do not affect the essence of rights and freedoms. The limitations to which fundamental rights and freedoms are subject may not be contrary to the letter and spirit of the Constitution or to the requirements of a democratic and secular social order, and they must respect the principle of proportionality .

III . Non-abuse of fundamental rights and freedoms

Article 14 : ( modified by law n ° 4709 of 3.10.2001): None of the fundamental rights and freedoms enshrined in the Constitution can be exercised in the form of activities aimed at undermining the indivisible integrity of the State from the point of view of its territory and nation or abolish the democratic and secular human rights-based republic. No provision of the Constitution can be interpreted as meaning that it would grant the State or individuals the right to carry out activities intended to destroy the fundamental rights and freedoms enshrined in the Constitution or to limit these rights and freedoms in a measure exceeding that which is stipulated by the Constitution. The law fixes the sanctions applicable to those who carry out activities contrary to these provisions.

IV . Suspension of the exercise of fundamental rights and freedoms

Article 15 : In the event of war, general mobilization, state of siege or state of emergency the exercise of fundamental rights and freedoms may be partially or totally suspended or measures contrary to the guarantees attached to them by the Constitution may be adopted , to the extent required by the situation and provided that the obligations under international law are not violated. However, even in the cases listed in the first paragraph, the individual’s right to life may not be infringed, subject to death resulting from acts consistent with the laws of war, or the right to physical and spiritual integrity, nor to freedom of religion, conscience and thought or to the rule which prohibits that

V . Situation of foreigners

Article 16 : Fundamental rights and freedoms may be limited by law in accordance with international law with regard to foreigners.

Chapter Two: Rights and Duties of the Individual
I . Inviolability and physical and spiritual integrity of the individual

Article 17 : Everyone has the right to life and the right to preserve and develop their physical and spiritual integrity. The bodily integrity of the individual cannot be damaged without his consent, except in cases of medical necessity and in the cases provided for by law and cannot be subjected to medical and scientific tests without his consent. No one may be subjected to torture or ill-treatment; no one may be subject to punishment or treatment incompatible with human dignity. Exceptions to the provision of the first paragraph are acts of murder occasioned or carried out in self-defense, as well as those resulting from the use of weapons, in restrictive situations where the law allows, with a view to ” execute an arrest or detention order,

II . Prohibition of forced labor

Article 18 : No one may be compelled to agree to perform forced labor. Chore is prohibited. Forced labor, insofar as its form and conditions have been defined by law, is not work imposed on persons during their detention or the execution of their sentence; services that may be required of citizens during an emergency; and the bodily and intellectual works which relate to patriotic duty in the fields where the needs of the country demand it.

III . Individual freedom and security

Article 19 : ( amended by Law No. 4709 of 3.10.2001): Everyone enjoys individual freedom and security. No one may be deprived of his liberty except in the following cases and according to the forms and under the conditions defined by law: the execution of custodial sentences and security measures pronounced by the courts; the arrest or detention of the person concerned by virtue of a judicial decision or because of an obligation provided for by law; the execution of a decision taken for the supervised education of a minor or his appearance before the competent authority; the execution of a measure taken in accordance with the rules defined by law for the treatment, education or recovery in a specialized establishment of a lunatic, a drug addict, an alcoholic, a vagabond or a person suffering from a contagious disease, which constitutes a danger to society; the arrest or detention of a person who has entered or attempted to enter the country illegally or who has been the subject of an expulsion or extradition order. Persons against whom there are serious presumptions of guilt can only be arrested by virtue of a judge’s decision and with a view to preventing their escape or the destruction or alteration of evidence or in other cases provided for by the law which also make their detention necessary. No arrest may be made without a court decision except in the case of flagrante delicto or in cases where delay would be prejudicial; the conditions will be indicated by law. Anyone arrested or detained must be informed of the reasons for their arrest or detention and of the charges against them, as a rule in writing, and in cases where this is not immediately possible orally. immediately or, in the case of collective crimes, at the latest at the time of his appearance before the judge. The arrested or detained person shall be brought before a judge within 48 hours at the latest or, in the case of collective crimes, within four days, subject to the period necessary to bring him before the court the most close to his place of detention. No one may be deprived of liberty beyond these periods except in the event of a judge’s decision. These periods may be extended in the event of a state of emergency, state of siege and war. Relatives of the arrested or detained person are immediately informed of their situation. Detainees have the right to request to be tried within a reasonable time and to be released during the course of the investigation or prosecution. Release may be subject to a guarantee for the appearance of the person concerned at the hearing throughout the course of the trial or the execution of the sentence. Anyone deprived of their liberty for any reason has the right to petition a competent judicial authority for a prompt decision on their condition and their immediate release in the event that this deprivation is illegal. The

IV . Privacy and Protection of Privacy A . Secret of privacy

Article 20 : ( modified by law n ° 4709 of 3.10.2001): Everyone has the right to demand respect for his private and family life. The secrecy of private and family life is inviolable. No one may be searched in person or in his papers and personal effects, and these may only be seized by virtue of a decision duly rendered by a judge or, in cases where delay would be prejudicial, in virtue a written order from the authority empowered for this purpose by law, and in any event only for one or more of the following reasons: safeguarding national security or public order, preventing the commission of an offense, preserve public health or decency, or protect the rights and freedoms of others. The decision of the competent authority is subject to the approval of the judge within twenty-four hours.

B . Inviolability of the home

Article 21 : ( modified by law n ° 4709 of 3.10.2001): Everyone’s home is inviolable. No one may enter and search a home, and the objects therein may only be seized by virtue of a decision duly rendered by a judge or, where delay would be prejudicial, by virtue of a written order from the authority empowered for this purpose by law, and in any event only for one or more of the following reasons: safeguarding national security or public order, preventing the commission of an offense, preserving health public morals, or protect the rights and freedoms of others. The decision of the competent authority is subject to the approval of the judge within twenty-four hours. The judge must rule within 48 hours of the seizure, failing which the seizure is automatically lifted.

C . Freedom of communication

Article 22 : ( modified by law n ° 4709 of 3.10.2001): Everyone has the freedom to communicate. Confidentiality is the rule. Communications may not be hindered and their secrecy may only be breached by virtue of a decision duly rendered by a judge or, in cases where delay would be prejudicial, by virtue of a written order from the authority empowered to this effect by law, and in any event only for one or more of the following reasons: safeguarding national security or public order, preventing the commission of an offense, preserving public health or decency, or protecting the rights and freedoms of others. The decision of the competent authority is subject to the approval of the judge within twenty-four hours. The judge must rule within 48 hours, failing which the decision is automatically lifted.

V . Freedom of establishment and travel

Article 23 : ( modified by law n ° 4709 of 3.10.2001 ): Everyone has the freedom to settle and travel. Freedom of establishment may be limited by law with a view to preventing offenses, ensuring social and economic development, achieving healthy and orderly urbanization and preserving public goods. Freedom to travel may be restricted by law due to investigation or prosecution and in order to prevent offenses. Citizens’ freedom to leave the country may be limited due to patriotic duty or a criminal investigation or prosecution. No citizen can be expelled or deprived of the right to return to the country.

VI . Freedom of religion and conscience

Article 24 Everyone has the freedom of conscience, belief and religious belief. Prayers and religious rites and ceremonies are free provided that they are not contrary to the provisions of article 14. No one may be required to take part in prayers or religious rites and ceremonies, nor to disclose his beliefs and their religious beliefs and no one can be blamed or accused because of their religious beliefs or beliefs. Religious and ethical education and teaching are provided under state supervision and control. The teaching of religious culture and ethics is one of the compulsory courses given in primary and secondary schools. Apart from these cases, education and religious education are subject to the will of each individual and, as regards minors, to that of their legal representatives. No one may, in any manner whatsoever, exploit religion, religious feelings or things considered sacred by religion, or abuse them for the purpose of resting, even partially, the social, economic order, State political or legal policy based on religious precepts or securing political or personal interest or influence.

VII . Freedom of thought and opinion

Article 25 : Everyone has freedom of thought and opinion. No one may be compelled to reveal his or her thoughts and opinions or blamed or incriminated because of his or her thoughts or opinions for any reason and for any purpose whatsoever.

VIII . Freedom of expression and of propagation of thought

Article 26 : ( modified by law n ° 4709 of 3.10.2001): Everyone has the right to express, individually or collectively, their thoughts and opinions and to propagate them orally, in writing, by image or by other means. This freedom also includes the ability to obtain or deliver ideas or information without the intervention of official authorities. The provision of this paragraph does not preclude the establishment of an authorization scheme with regard to radio, television, cinema or other similar means. The exercise of these freedoms may be limited in order to preserve national security, public order, public security, the fundamental characteristics of the Republic and the indivisible integrity of the State from the point of view of its territory and of the nation, to prevent offenses, punish offenders, prevent the disclosure of information that is recognized as state secrets, preserve the honor and rights and the private and family life of others and the professional secrecy provided for by law, and to ensure that the jurisdictional function is fulfilled in accordance with its purpose. The provisions regulating the use of the means of dissemination of information and ideas are not considered to limit the freedom of expression and propagation of thought, provided that they do not prevent their publication. The law regulates the forms, conditions and procedures relating to the exercise of freedom of expression and the propagation of thought. to preserve the honor and rights as well as the private and family life of others and the professional secrecy provided for by law, and to ensure that the jurisdictional function is fulfilled in accordance with its purpose. The provisions regulating the use of the means of dissemination of information and ideas are not considered to limit the freedom of expression and propagation of thought, provided that they do not prevent their publication. The law regulates the forms, conditions and procedures relating to the exercise of freedom of expression and the propagation of thought. to preserve the honor and rights as well as the private and family life of others and the professional secrecy provided for by law, and to ensure that the jurisdictional function is fulfilled in accordance with its purpose. The provisions regulating the use of the means of dissemination of information and ideas are not considered to limit the freedom of expression and propagation of thought, provided that they do not prevent their publication. The law regulates the forms, conditions and procedures relating to the exercise of freedom of expression and the propagation of thought. The provisions regulating the use of the means of dissemination of information and ideas are not considered to limit the freedom of expression and propagation of thought, provided that they do not prevent their publication. The law regulates the forms, conditions and procedures relating to the exercise of freedom of expression and the propagation of thought. The provisions regulating the use of the means of dissemination of information and ideas are not considered to limit the freedom of expression and propagation of thought, provided that they do not prevent their publication. The law regulates the forms, conditions and procedures relating to the exercise of freedom of expression and the propagation of thought.

IX . Scientific and artistic freedom

Article 27 : Everyone has the right, in matters of science and the arts, to learn and teach, to express themselves, to disseminate and to carry out all kinds of research, and this in a free manner. The right of diffusion cannot be exercised with the aim of obtaining the modification of the provisions of articles 1, 2 and 3 of the Constitution. The provision of this article does not preclude the legal regulation of the entry and distribution in the country of foreign publications.

X . Press and publications provisions

A . Freedom of press

Article 28 : ( modified by law n ° 4709 of 3.10.2001): The press is free and cannot be censored. The creation of a printing press cannot be subject to authorization or payment of a financial guarantee. The state takes appropriate measures to ensure freedom of the press and of information. Articles 26 and 27 of the Constitution apply with regard to restrictions on the freedom of the press. Anyone who writes or causes to be printed any information or text which threatens the internal or external security of the State or its indivisible integrity from the point of view of its territory and the nation or which is likely to encourage an offense or to incite the riot or rebellion, or which relates to secret information belonging to the State, or which, for the same purpose, prints or delivers to others such text or information, is responsible for it in accordance with the legislative provisions concerning said offenses. Distribution may be prevented preventively by virtue of a court decision or, in cases where delay would be prejudicial, by order of the authority expressly empowered by law for this purpose. The competent authority having prevented distribution shall notify the competent judge of its decision at the latest within 24 hours. In the event that the competent judge does not approve this decision within forty-eight hours at the latest, it is considered void. No publication ban relating to events may be established, subject to decisions rendered by the judge within the limits which will be defined by law in order to ensure the performance of the judicial function in a manner consistent with its purpose. Publications, periodical or not, can be seized by virtue of a judicial decision in cases where an investigation or prosecution has been initiated because of one of the offenses indicated by law, and also by virtue of an order of the authority expressly empowered by law for this purpose in cases where delay would be prejudicial from the point of view of safeguarding the indivisible integrity of the State from the point of view of its territory and of the nation, of security national, public order, morality or the prevention of offenses. The competent authority having ordered the seizure shall notify the competent judge of its decision at the latest within 24 hours; in cases where the judge does not not approve this decision within forty-eight hours at the latest, it is considered void. The general provisions on seizure and confiscation apply to the investigation and prosecution of offenses relating to periodic or non-periodic publications. Periodicals published in Turkey may be temporarily suspended by court order in the event of conviction for publications which undermine the indivisible integrity of the State from the point of view of its territory and the nation, the fundamental principles of the Republic, national security or public decency. Any publication undeniably constituting the continuation of a suspended periodic publication is prohibited; these publications are seized by virtue of a court decision. this is considered null. The general provisions on seizure and confiscation apply to the investigation and prosecution of offenses relating to periodic or non-periodic publications. Periodicals published in Turkey may be temporarily suspended by court order in the event of conviction for publications which undermine the indivisible integrity of the State from the point of view of its territory and the nation, the fundamental principles of the Republic, national security or public decency. Any publication undeniably constituting the continuation of a suspended periodic publication is prohibited; these publications are seized by virtue of a court decision. this is considered null. The general provisions on seizure and confiscation apply to the investigation and prosecution of offenses relating to periodic or non-periodic publications. Periodicals published in Turkey may be temporarily suspended by court order in the event of conviction for publications which undermine the indivisible integrity of the State from the point of view of its territory and the nation, the fundamental principles of the Republic, national security or public decency. Any publication undeniably constituting the continuation of a suspended periodic publication is prohibited; these publications are seized by virtue of a court decision. The general provisions on seizure and confiscation apply to the investigation and prosecution of offenses relating to periodic or non-periodic publications. Periodicals published in Turkey may be temporarily suspended by court order in the event of conviction for publications which undermine the indivisible integrity of the State from the point of view of its territory and the nation, the fundamental principles of the Republic, national security or public decency. Any publication undeniably constituting the continuation of a suspended periodic publication is prohibited; these publications are seized by virtue of a court decision. The general provisions on seizure and confiscation apply to the investigation and prosecution of offenses relating to periodic or non-periodic publications. Periodicals published in Turkey may be temporarily suspended by court order in the event of conviction for publications which undermine the indivisible integrity of the State from the point of view of its territory and the nation, the fundamental principles of the Republic, national security or public decency. Any publication undeniably constituting the continuation of a suspended periodic publication is prohibited; these publications are seized by virtue of a court decision. apply to the investigation and prosecution of offenses relating to periodic or non-periodic publications. Periodicals published in Turkey may be temporarily suspended by court order in the event of conviction for publications which undermine the indivisible integrity of the State from the point of view of its territory and the nation, the fundamental principles of the Republic, national security or public decency. Any publication undeniably constituting the continuation of a suspended periodic publication is prohibited; these publications are seized by virtue of a court decision. apply to the investigation and prosecution of offenses relating to periodic or non-periodic publications. Periodicals published in Turkey may be temporarily suspended by court order in the event of conviction for publications which undermine the indivisible integrity of the State from the point of view of its territory and the nation, the fundamental principles of the Republic, national security or public decency. Any publication undeniably constituting the continuation of a suspended periodic publication is prohibited; these publications are seized by virtue of a court decision. indivisible integrity of the State from the point of view of its territory and the nation, the fundamental principles of the Republic, national security or good customs. Any publication undeniably constituting the continuation of a suspended periodic publication is prohibited; these publications are seized by virtue of a court decision. indivisible integrity of the State from the point of view of its territory and of the nation, the fundamental principles of the Republic, national security or morality. Any publication undeniably constituting the continuation of a suspended periodic publication is prohibited; these publications are seized by virtue of a court decision.

B . Right to make periodic or non-periodic publications

Article 29 : Periodic or non-periodic publications cannot be subject to authorization or the payment of a financial guarantee. To be able to edit a periodical publication, it is sufficient to submit to the competent authority designated by law the information and documents required by law. If it finds that this information and documents are illegal, the competent authority applies to the court to obtain the suspension of the periodical. The publication of periodicals, the conditions of this publication, the financial resources of periodicals as well as the rules relating to the profession of journalist are fixed by law. The law may not impose any condition of a political, economic, financial or technical nature liable to hinder the free publication of information, opinions and beliefs or make it more difficult. Periodical publications enjoy the means and facilities available to the State, other public legal entities and the establishments attached to them, while respecting the principle of equality.

C . Protection of press equipment

Article 30 : The printing works and their dependencies, as well as their press means created as press enterprises in a manner in accordance with the law cannot be seized or confiscated and neither prohibited from exploitation, on the pretext that they constitute the instrument of an offense.

D . Right to benefit from the mass media other than the press held by public legal persons

Article 31 : ( modified by law n ° 4709 of 3.10.2001 ): Individuals and political parties have the right to benefit from mass media and communication means other than the press held by public legal entities. The conditions and the methods of this use are fixed by the law The law cannot impose restrictions which prevent the public from obtaining information or to form thoughts and convictions thanks to these means or which impede the free formation of public opinion for reasons other than the preservation of public security, public order, public health or decency.

E . Right of rectification and reply

Article 32 : The right of rectification and response is recognized only in the case of attacks on the dignity and honor of persons or of false publications concerning them, and is regulated by law. In the event of non-publication of the correction or response, the judge rules on the need for its publication no later than seven days after the request of the interested party.

XI . Rights and freedoms of assembly

A . Freedom to found an association

Article 33 : ( modified by laws n ° 4121 of 23.7.1995 and n ° 4709 of 3.10.2001): Everyone has the right to found an association, to join or to withdraw from it without prior authorization. No one may be forced to join or remain a member of an association. The freedom to found an association may be limited only by law and for reasons of national security or public order or for the purpose of preventing the commission of an offense, preserving public health or good morals or to protect the freedoms of others. The forms, conditions and procedures applicable to the exercise of the freedom to found an association are laid down by law. Associations can be dissolved or their activities suspended by a court decision in the cases provided for by law. However, in cases where a delay would be prejudicial to national security, to public order, to prevent the commission or prosecution of an offense or an arrest, an authority may be empowered by law to prohibit the association from continuing its activities. The authority’s decision is submitted to the competent judge within twenty-four hours. The judge must rule within forty-eight hours, failing which the administrative decision becomes null and void. The provision of the first paragraph does not preclude restrictions by law with regard to members of the armed forces and the security forces, as well as agents of the State insofar as their functions require it. The provisions of this article also apply to foundations. an authority may be empowered by law to prohibit the association from pursuing its activities. The authority’s decision is submitted to the competent judge within twenty-four hours. The judge must rule within forty-eight hours, failing which the administrative decision becomes null and void. The provision of the first paragraph does not preclude restrictions by law with regard to members of the armed forces and the security forces, as well as agents of the State insofar as their functions require it. The provisions of this article also apply to foundations. an authority may be empowered by law to prohibit the association from pursuing its activities. The authority’s decision is submitted to the competent judge within twenty-four hours. The judge must rule within forty-eight hours, failing which the administrative decision becomes null and void. The provision of the first paragraph does not preclude restrictions by law with regard to members of the armed forces and the security forces, as well as agents of the State insofar as their functions require it. The provisions of this article also apply to foundations. otherwise the administrative decision becomes null and void. The provision of the first paragraph does not preclude restrictions by law with regard to members of the armed forces and the security forces, as well as agents of the State insofar as their functions require it. The provisions of this article also apply to foundations. otherwise the administrative decision becomes null and void. The provision of the first paragraph does not preclude restrictions by law with regard to members of the armed forces and the security forces, as well as agents of the State insofar as their functions require it. The provisions of this article also apply to foundations.

B . Right to organize meetings and demonstrations

Article 34 : ( modified by law n ° 4709 of 3.10.2001 ): Everyone has the right to organize peaceful unarmed meetings and demonstrations without prior authorization. The right to organize meetings and demonstrations can only be limited by law and for reasons of national security or public order or in order to prevent the commission of an offense, to preserve the public health or decency or to protect the rights and freedoms of others. The forms, conditions and procedures applicable to the exercise of the right to organize meetings and events are laid down by law.

XII . Property rights

Article 35 : Everyone has property and inheritance rights. These rights may be limited by law, but only in the public interest. The right to property cannot be exercised in a manner contrary to the interests of the company.

XIII . Rights protection provisions

A . Freedom to assert rights

Article 36 : ( modified by law n ° 4709 of 3.10.2001 ): Everyone has the right, using all legitimate means and channels, to assert their rights before the courts as a plaintiff or defendant and has right to a fair trial. No court can avoid the obligation to judge a case within its jurisdiction and its jurisdiction.

B . Guarantee of legal judge

Article 37 : No one may be brought before a body other than the court on which he depends under the law. No extraordinary proceedings may be instituted, the jurisdiction of which would result in bringing a person before a court other than the court on which he depends by law.

C . Offense and Punishment Rules

Article 38 : ( modified by law n ° 4709 of 3.10.2001): No one may be punished for an act that was not considered an offense under the law at the time it was committed. No one may be given a more severe penalty than that prescribed by law for this offense at the time it was committed. The above paragraph is also applicable to the prescription of crimes and penalties and to the effects of criminal convictions. Sentences and security measures in lieu of sentences can only be established by law. No one can be considered guilty before his guilt has been definitively established by a judicial decision. No one may be compelled to make statements or provide evidence which could lead to an accusation against himself or his relatives such as they are determined by law. Criminal responsibility is personal. Evidence illegally collected cannot be accepted as such. There can be no death penalty and general forfeiture. The death penalty cannot be imposed except in the event of war or imminent threat of war or for crimes constituting acts of terrorism. The administration cannot apply a sanction entailing a restriction on individual freedom. The law may provide for exceptions to this provision in consideration of the internal order of the Armed Forces. Citizens cannot be extradited because of an offense, except the obligations arising from being a contracting party within the International Court of Justice. Evidence illegally collected cannot be accepted as such. There can be no death penalty and general forfeiture. The death penalty cannot be imposed except in the event of war or imminent threat of war or for crimes constituting acts of terrorism. The administration cannot apply a sanction entailing a restriction on individual freedom. The law may provide for exceptions to this provision in consideration of the internal order of the Armed Forces. Citizens cannot be extradited because of an offense, except the obligations arising from being a contracting party within the International Court of Justice. Evidence illegally collected cannot be accepted as such. There can be no death penalty and general forfeiture. The death penalty cannot be imposed except in the event of war or imminent threat of war or for crimes constituting acts of terrorism. The administration cannot apply a sanction entailing a restriction on individual freedom. The law may provide for exceptions to this provision in consideration of the internal order of the Armed Forces. Citizens cannot be extradited because of an offense, except the obligations arising from being a contracting party within the International Court of Justice. The death penalty cannot be imposed except in the event of war or imminent threat of war or for crimes constituting acts of terrorism. The administration cannot apply a sanction entailing a restriction on individual freedom. The law may provide for exceptions to this provision in consideration of the internal order of the Armed Forces. Citizens cannot be extradited because of an offense, except the obligations arising from being a contracting party within the International Court of Justice. The death penalty cannot be imposed except in the event of war or imminent threat of war or for crimes constituting acts of terrorism. The administration cannot apply a sanction entailing a restriction on individual freedom. The law may provide for exceptions to this provision in consideration of the internal order of the Armed Forces. Citizens cannot be extradited because of an offense, except the obligations arising from being a contracting party within the International Court of Justice. internal order of the Armed Forces. Citizens cannot be extradited because of an offense, except the obligations arising from being a contracting party within the International Court of Justice. internal order of the Armed Forces. Citizens cannot be extradited because of an offense, except the obligations arising from being a contracting party within the International Court of Justice.

XIV . Right of evidence in the event of defamation

Article 39 : Anyone accused of defaming a person exercising a public function or performing a public service, in connection with the performance of this function or this service, has the right to adduce proof of the truth of his allegation in part of the action brought against it. In all other cases of defamation, the request for evidence can be accepted only if the public interest requires that the truth be made on this subject or if the complainant agrees.

XV . Protection of fundamental rights and freedoms

Article 40 : ( amended by Law No. 4709 of 3.10.2001 ): Everyone has the right, in the event of violation of the rights and freedoms recognized by the Constitution, to request that the possibility of applying without delay to the competent authority be granted. The State is required to specify, in the course of its acts, what are the avenues and time limits for appeal open to interested parties as well as the competent authorities to find out. The damage suffered by a person as a result of acts wrongfully carried out by public officials is compensated by the State in accordance with the law. The right of the State to turn against the agent concerned is reserved.

Chapter Three: Social and Economic Rights and Duties
I . Protection of the family

Article 41 : ( modified by law n ° 4709 of 3.10.2001 ): The family is the foundation of Turkish society and is based on equality between spouses. The State takes the necessary measures and creates structures in order to preserve the peace and well-being of the family, to protect in particular the mother and the children and to ensure the teaching and the application of family planning .

II . Right and duty of education and instruction

Article 42 : No one can be deprived of their right to education and instruction. The content of the right to education is defined and regulated by law. Education and teaching are provided under the supervision and control of the State, in accordance with Atatürk principles and reforms and according to the rules of contemporary science and pedagogy. No educational or teaching establishment may be created in opposition to these principles. Freedom of education and teaching does not dispense with the duty of loyalty to the Constitution. Primary education is compulsory for all citizens of both sexes and is free in state schools. The rules to be followed by private primary and secondary schools are determined by law in such a way as to guarantee the level set for state schools. The State grants good pupils who are deprived of financial means the necessary assistance to enable them to continue their studies, in the form of grants or by other means. The state takes appropriate measures to make those whose condition requires special education useful to society. Activities relating to education, teaching, research and study may only be carried on in educational and teaching establishments. No obstacle can be brought to these activities in any way. No language other than Turkish may be taught to Turkish citizens as a mother tongue or used to teach them as such in educational and teaching establishments. The law lays down the rules relating to the teaching of foreign languages ​​in educational and teaching establishments as well as those which schools in which education and teaching are given in a foreign language must comply. The provisions of international conventions are reserved. teaching of foreign languages ​​in educational and teaching establishments as well as those with which schools in which education and teaching are given in a foreign language must comply. The provisions of international conventions are reserved. teaching of foreign languages ​​in educational and teaching establishments as well as those with which schools in which education and teaching are given in a foreign language must comply. The provisions of international conventions are reserved.

III . Public interest

A . Use of ribs

Article 43 : The coasts are placed under the authority and left at the disposal of the State. Priority is given to the public interest in the use of seashores, lakes and streams as well as coastal strips bordering the shores of the sea and lakes. The law regulates the depth of shores and coastal strips according to their use as well as the conditions and methods of their use by individuals.

B . Land ownership

Article 44 : The State takes the necessary measures to preserve and improve the productive use of the land, to avoid the loss of cultivable areas due to erosion and to provide land to cultivating peasants who do not own it or not enough. To this end, the law may fix areas of land varying according to the various agricultural regions and the different types of crops. The distribution of land to farmers who do not have or do not have enough of it cannot have the effect of reducing production, shrinking forest areas or reducing other riches in the soil or subsoil. Land distributed for this purpose may neither be transferred to others, subject to estate provisions, nor be divided, and they can only be exploited by beneficiary farmers and their heirs. The law fixes the rules relating to the retrocession to the State of the distributed lands, in the event of disappearance of these conditions.

C . Agriculture, breeding and protection of people working in these production sectors

Article 45 : The State facilitates the obtaining by the farmers and the stockbreeders of the instruments and equipment and the other objects necessary for the exploitation, with an aim of preventing the abusive use and the destruction of the cultivable grounds like the meadows and pastures and increase plant and animal production in accordance with the principles of agricultural production planning. The State takes the necessary measures to ensure the development of animal and plant production and the remuneration of producers according to its real value.

D . Expropriation

Article 46 : ( modified by law n ° 4709 of 3.10.2001): The State and public legal entities are authorized, in cases where the public interest makes it necessary and provided that the real consideration is paid in cash, to expropriate, in whole or in part, the immovable property belonging to individuals, or to establish administrative easements on these properties, in accordance with the rules and procedures established by law. The expropriation indemnity and the capital gain indemnity fixed by a final decision are paid in cash and in cash. However, the law fixes the mode of payment of the indemnities due due to the expropriation of land within the framework of the application of the agrarian reform, the realization of large projects in energy and irrigation, the housing projects, the planting of new forests, the protection of shorelines and expropriations made for tourist purposes. In these cases, the law may provide for payment in installments, but the payment period may not exceed five years; if applicable, the payment tranches will be equal. The equivalent value of the part of the expropriated land belonging to small farmers directly exploiting it is in any case paid in cash. The installments of payment, in the case provided for in paragraph 2, and the compensation for expropriation remaining due, whatever the cause, will be increased by interest at the highest rate applicable to public debts. but the payment period cannot exceed five years; if applicable, the payment tranches will be equal. The equivalent value of the part of the expropriated land belonging to small farmers directly exploiting it is in any case paid in cash. The installments of payment, in the case provided for in paragraph 2, and the compensation for expropriation remaining due, whatever the cause, will be increased by interest at the highest rate applicable to public debts. but the payment period cannot exceed five years; if applicable, the payment tranches will be equal. The equivalent value of the part of the expropriated land belonging to small farmers directly exploiting it is in any case paid in cash. The installments of payment, in the case provided for in paragraph 2, and the compensation for expropriation remaining due, whatever the cause, will be increased by interest at the highest rate applicable to public debts.

E . Nationalization and privatization

Article 47 : ( modified by law n ° 4446 of 13.8.1999 ): Private companies having the character of a public service can be nationalized in cases where the public interest requires it. Nationalization is carried out on the basis of the real equivalent. The law defines the method and procedure for calculating this equivalent value The principles and procedures relating to the privatization of enterprises and wealth belonging to the State, public economic enterprises and other public legal persons are laid down by law. The law determines which investments and services provided by the State, public economic enterprises and other public legal persons can be entrusted or transferred to natural or legal persons under private law contracts.

IV . Freedom to work and contract

Article 48 : Everyone is free to work and contract in the field of their choice. The foundation of private companies is free. The State takes appropriate measures to ensure that private enterprises operate in accordance with the needs of the national economy and social objectives and operate in security and stability.

V . Work provisions

A . Right and duty to work

Article 49 : ( modified by law n ° 4709 of 3.10.2001 ): Work is a right and a duty for everyone. The State takes the necessary measures to ensure the raising of the standard of living of the workers and the expansion of the world of work, by protecting the workers and the unemployed, by encouraging work, by creating an economic climate favorable to the reduction of unemployment and ensuring social peace.

B . Working conditions and right to rest

Article 50 : No one may be employed in work incompatible with his age, sex or strength. Minors, women and people with physical or mental disabilities benefit from special protection in terms of working conditions. Rest is a right for workers. The law regulates the rights to weekly rest, public holidays and paid annual leave and their conditions of exercise.

C . Right to form unions

Article 51 : ( modified by law n ° 4709 of 3.10.2001): Workers and employers have the right to form trade unions and unions without prior authorization with the aim of safeguarding and developing the economic and social rights and interests of their members in the context of their labor relations, as well as to join and freely withdraw from it. No one may be forced to join or resign from a union. The right to form a union may be limited only by law and for reasons of national security or public order or for the purpose of preventing the commission of an offense, preserving public health or good morals or to protect the rights and freedoms of others. The forms, conditions and procedures applicable to the exercise of the right to form a union are laid down by law. It is not allowed to be a member of several unions at the same time within the same sector of activity. The extent of the rights of public officials not having the status of worker in this field, as well as the exceptions and limitations which apply to them, are fixed by law in a manner appropriate to the nature of the services for which they are loaded. The statutes, administration and functioning of unions and unions cannot be contrary to the fundamental characteristics of the Republic or to democratic principles. are fixed by law in a manner appropriate to the nature of the services for which they are responsible. The statutes, administration and functioning of unions and unions cannot be contrary to the fundamental characteristics of the Republic or to democratic principles. are fixed by law in a manner appropriate to the nature of the services for which they are responsible. The statutes, administration and functioning of unions and unions cannot be contrary to the fundamental characteristics of the Republic or to democratic principles.

D . Union activity

Article 52 : ( repealed by Law No. 4121 of July 23, 1995 )

VI . Collective labor agreement, right to strike and lockout

A . Right to collective labor agreement

Article 53 : ( modified by law n ° 4121 of July 23, 1995): Workers and employers have in their mutual relations the right to conclude collective labor agreements with a view to regulating their economic and social situation and their working conditions. The law determines the mode of conclusion of collective labor agreements. The unions and unions that the public officials referred to in the first paragraph of article 128 will be authorized to found among themselves and which are not subject to the provisions of paragraphs one and two of this article or to those of article 54 may address the judicial authorities and engage in collective bargaining with the administration in accordance with their objectives on behalf of their members. If collective bargaining leads to an agreement, the text of the agreement is signed by the parties. The text of the agreement is subject to the appreciation of the Council of Ministers to be able to be implemented on the legal and administrative levels. If the collective bargaining does not lead to the signing of an agreement, the parties sign a report specifying the points of agreement and disagreement, and this is submitted to the appreciation of the Council of Ministers. The law determines the procedures relating to the execution of this paragraph. No more than one collective agreement may be concluded or applied in the same workplace during the same period. the parties sign a report specifying the points of agreement and disagreement, and this is submitted to the appreciation of the Council of Ministers. The law determines the procedures relating to the execution of this paragraph. No more than one collective agreement may be concluded or applied in the same workplace during the same period. the parties sign a report specifying the points of agreement and disagreement, and this is submitted to the appreciation of the Council of Ministers. The law determines the procedures relating to the execution of this paragraph. No more than one collective agreement may be concluded or applied in the same workplace during the same period.

B . Right to strike and lockout

Article 54 : Workers have the right to strike in the event of a disagreement during the negotiation of a collective labor agreement. The law regulates the procedure and conditions for exercising this right and the employer’s use of the lockout, as well as their scope and the exceptions to which they are subject. The right to strike and the lockout may not be exercised in a manner contrary to the principle of good faith or of a nature to harm society or harm the national wealth. The union is responsible for material damage caused during the strike by the deliberate or faulty actions of the workers participating in the strike and the union in the workplace where the strike is taking place The law regulates the cases in which the strike and the lockout out can be banned or suspended and workplaces where they can be. In the event that strikes and lockouts are prohibited and, if they are suspended, at the end of their suspension, the conflict is settled by the Superior Council of Arbitration. The parties may also apply to the Superior Council of Arbitration by mutual agreement at any stage of the conflict. The decisions of the Superior Council of Arbitration are final and have the value of a collective labor agreement. The law regulates the constitution and functions of the High Council of Arbitration. Strike and lockout for political purposes, solidarity strike and lockout, general strike and lockout, occupation of work premises, slowing down of work, voluntary reduction in productivity and other protest actions are prohibited. The participants in the strike cannot in any way prevent those who do not participate from working in the workplace.

VII . Guarantee of fair wages

Article 55 : ( modified by law n ° 4709 of 3.10.2001 ): The salary is the counterpart of the work. The State takes the necessary measures to ensure that workers get a fair wage corresponding to the work they provide and receive other social assistance. The minimum wage is determined taking into account the living conditions of workers and the economic situation of the country.

VIII . Health, environment, housing

A . Health services and environmental protection

Article 56 : Everyone has the right to live in a healthy and balanced environment. The state and citizens have a duty to improve the environment, protect the health environment and prevent environmental pollution. With a view to ensuring everyone a healthy life, both physically and mentally, the State plans, under the cover of a monopoly, and organizes the services of health establishments with the aim of ensuring that cooperation between them helps to increase personnel and material savings as well as productivity. The State fulfills this task by making use of health and social establishments in the public and private sectors and by controlling them.

B . Right to housing

Article 57 : The State takes the appropriate measures to satisfy the housing needs within the framework of a planning taking into account the particularities of the cities and the environmental conditions and also encourages collective housing enterprises.

IX . Youth and sports

A . Youth protection

Article 58 : The State takes the appropriate measures to ensure the training and development of young people, depositaries of our independence and our Republic, in the light of positive science, in line with the principles and reforms of Atatürk and to sheltered from ideologies aimed at undermining the indivisible integrity of the state from the point of view of its territory and the nation. The state takes the necessary measures to protect young people from alcoholism, drug addiction, delinquency, gambling and other harmful addictions as well as ignorance.

B . Sports promotion

Article 59 : The State takes appropriate measures to improve the physical and mental health of Turkish citizens of all ages and encourages the extension of the practice of sport by the masses. The state protects deserving athletes.

X . Social security rights

A . Right to social security

Article 60 : Everyone has the right to social security. The State takes the necessary measures to ensure this security and creates structures for this purpose.

B . Persons to be protected particularly from the point of view of social security

Article 61 : The State protects widows and orphans from victims of war and public service, as well as war invalids and veterans, and provides them with a standard of living worthy of their condition in society. The State takes appropriate measures to ensure the protection of the disabled and their integration into social life. The elderly are protected by the state. The law regulates state assistance to the elderly and the other rights and facilities to be guaranteed to them. The State takes all kinds of measures for the social integration of children in need of protection. The State creates or encourages the creation of the organizations and establishments necessary for these purposes.

C . Turkish citizens working abroad

Article 62 : The State takes the necessary measures to ensure the union of the families of Turkish citizens working abroad, the education of their children, the satisfaction of their cultural needs and their social security, to preserve their links with the motherland and provide assistance when they return to the country.

XI . Protection of historical, cultural and natural resources

Article 63 : The State takes care of the protection of the richnesses and the historical, cultural and natural values ​​and takes measures of support and encouragement to this end. The law regulates the limitations to be brought with regard to those of these riches and values ​​which are the object of private property as well as the aid to be provided and the immunities to be recognized from this fact to the owners.

XII . Protection of art and artists

Article 64 : The State protects artistic activities and artists. The State takes the necessary measures for the protection, enhancement and promotion of works of art and artists as well as the spread of love for the arts.

XIII . Limitation of the State’s economic and social duties

Article 65 : ( amended by Law No. 4709 of 3.10.2001 ): The State fulfills the duties defined by the Constitution in the social and economic fields by establishing priorities in a manner compatible with the objectives thus set and in the as far as his financial resources allow.

Chapter Four: Political Rights and Duties
I . Turkish nationality

Article 66 : ( modified by Law No. 4709 of 3.10.2001 ): Anyone who is attached to the Turkish State by nationality is Turkish. Is Turkish any child of Turkish father or Turkish mother. Nationality is acquired under the conditions provided by law and is only lost in the cases set out by law. No Turk can be deprived of his nationality as long as he has not committed an act incompatible with attachment to the fatherland. The judicial process cannot be closed in matters of decisions and acts relating to the deprivation of nationality.

II . Rights to elect and be elected and to engage in political activities

Article 67 : ( modified by laws n ° 4121 of 23.7.1995 and n ° 4709 of 3.10.2001 [1]): Citizens have the right to elect, to be elected, to engage in political activities independently or within a political party and to participate in referendums in accordance with the rules provided by law. Elections and referendums take place under the administration and control of the judiciary and according to the principles of free, equal, secret suffrage, to a single degree, universal and subject to public counting and counting of the votes. However, the law establishes adequate provisions to allow Turkish citizens abroad to exercise their right to vote. Any Turkish citizen who has attained the age of eighteen has the right to elect and to participate in referendums. The exercise of these rights is regulated by law. Soldiers under the flags are deprived of their right to vote, military school pupils and convicts in penal establishments, except those whose conviction results from an involuntary offense. The Higher Electoral Council determines the measures which must be taken to guarantee the security of the counting and counting of the votes during the exercise of the right to vote in penitentiary establishments and remand centers, and these operations are take place before the competent judge, who assumes direction and control. Election laws are organized to reconcile the principles of fair representation and the stability of power. Amendments to electoral laws do not apply to elections held within one year of their effective date. except those whose conviction results from an involuntary offense. The Higher Electoral Council determines the measures which must be taken to guarantee the security of the counting and counting of the votes during the exercise of the right to vote in penitentiary establishments and remand centers, and these operations are take place before the competent judge, who assumes direction and control. Election laws are organized to reconcile the principles of fair representation and the stability of power. Amendments to electoral laws do not apply to elections held within one year of their effective date. except those whose conviction results from an involuntary offense. The Higher Electoral Council determines the measures which must be taken to guarantee the security of the counting and counting of the votes during the exercise of the right to vote in penitentiary establishments and remand centers, and these operations are take place before the competent judge, who assumes direction and control. Election laws are organized to reconcile the principles of fair representation and the stability of power. Amendments to electoral laws do not apply to elections held within one year of their effective date. The Higher Electoral Council determines the measures which must be taken to guarantee the security of the counting and counting of the votes during the exercise of the right to vote in penitentiary establishments and remand centers, and these operations are take place before the competent judge, who assumes direction and control. Election laws are organized to reconcile the principles of fair representation and the stability of power. Amendments to electoral laws do not apply to elections held within one year of their effective date. The Higher Electoral Council determines the measures which must be taken to guarantee the security of the counting and counting of the votes during the exercise of the right to vote in penitentiary establishments and remand centers, and these operations are take place before the competent judge, who assumes direction and control. Election laws are organized to reconcile the principles of fair representation and the stability of power. Amendments to electoral laws do not apply to elections held within one year of their effective date. and these operations take place before the competent judge, who assumes direction and control. Election laws are organized to reconcile the principles of fair representation and the stability of power. Amendments to electoral laws do not apply to elections held within one year of their effective date. and these operations take place before the competent judge, who assumes direction and control. Election laws are organized to reconcile the principles of fair representation and the stability of power. Amendments to electoral laws do not apply to elections held within one year of their effective date.

III . Provisions relating to political parties

A . Right to found, join and resign from political parties

Article 68 : ( modified by law n ° 4121 of July 23, 1995): Citizens have the right to found political parties and to join or resign from them in due form. To be able to become a member of a party, one must be eighteen years of age. Political parties are the essential elements of democratic political life. Political parties are founded without prior authorization and conduct their activities in accordance with the provisions of the Constitution and the laws. The statutes, programs and activities of political parties may not go against the independence of the State, its indivisible integrity from the point of view of the territory and the nation, human rights, the principles of equality and the rule of law, the sovereignty of the nation, and the principles of the democratic and secular republic; they cannot have the aim of advocating or establishing the dictatorship of a class or group or any form of dictatorship; they cannot incite to commit an offense. Cannot join political parties, judges and prosecutors, members of higher courts, including the Court of Auditors, agents of public institutions and establishments having civil servant status, other public agents who, due to the nature of the service they perform, do not have the quality of workers, members of the armed forces, and students who have not reached the stage of higher education. Membership of political parties of members of the teaching staff of higher education institutions is regulated by law. The law cannot authorize them to accept functions within political parties outside their central organs, and it defines the principles with which party members must comply within higher education institutions. The law defines the principles applicable to the membership of students of higher education in political parties. The state provides political parties with sufficient and equitable financial assistance. The law defines the principles applicable to this financial assistance as well as to the membership fees and the donations that the parties receive. The law defines the principles applicable to the membership of students of higher education in political parties. The state provides political parties with sufficient and equitable financial assistance. The law defines the principles applicable to this financial assistance as well as to the membership fees and the donations that the parties receive. The law defines the principles applicable to the membership of students of higher education in political parties. The state provides political parties with sufficient and equitable financial assistance. The law defines the principles applicable to this financial assistance as well as to the membership fees and the donations that the parties receive.

B . Rules with which political parties must comply

Article 69 : ( modified by laws n ° 4121 of 23.7.1995 and n ° 4709 of 3.10.2001): The activities of political parties, as well as their organization and internal work, must respect democratic principles. The law regulates the application of these principles. Political parties cannot engage in commercial activities. The income and expenditure of political parties must be consistent with the goals they pursue. The law regulates the application of this rule. The law lays down the manner in which the Constitutional Court checks the conformity of acquisitions of property by political parties and that of their income and expenditure, as well as the sanctions applicable in the event of non-conformity. The Constitutional Court enlists the assistance of the Court of Auditors to fulfill this control function. The decisions of the Constitutional Court after this review are final. The dissolution of political parties is pronounced by the Constitutional Court on prosecution of the Attorney General of the Republic before the Court of Cassation. The Court’s decision is final. In the event that the statutes and the program of a political party do not comply with paragraph four of article 68, its dissolution on a permanent basis is pronounced. The permanent dissolution of a political party due to the non-conformity of its activities with paragraph four of article 68 can only be pronounced if the Constitutional Court determines that the party has become the center of gravity of the acts which have this character. A political party is deemed to have become the center of gravity of such acts if party members are intensively engaged in activities of the character in question and this situation is explicitly or implicitly approved either by the major party congress or by its president, either by its central decision-making or governing bodies, or by the general assembly or the governing body of the party group at the Grand National Assembly of Turkey, or if the acts in question are carried out directly and with determination by the party organs themselves. Instead of pronouncing its dissolution on a permanent basis in accordance with the preceding paragraphs, the Constitutional Court may order the political party considered to be the total or partial deprivation of State aid, depending on the gravity of the disputed facts. A party dissolved definitively cannot be founded again under another name. Members of a political party, including its founders, whose declarations or activities led to its final dissolution cannot become founders, officers or controllers of another party for a period of five years starting on the date the publication in the Official Journal of the decision on final dissolution by the Constitutional Court. Political parties which receive financial aid from foreign states, international organizations or natural or legal persons not of Turkish nationality are dissolved definitively. The law regulates, within the framework of the principles set out above, the foundation,

IV . Right to enter the public service

A . Access to the function

Article 70 : Every Turk has the right to enter the public service. When entering service, no distinction is made other than according to the qualifications required by the service.

B . Wealth declaration

Article 71 : The law regulates the declaration of fortune made by those entering the public service and the frequency of its renewal. Those who assume functions with the legislative and executive bodies cannot be exempted.

V . Patriotic service

Article 72 : Patriotic service is a right and a duty for every Turk. The law regulates the manner in which this service will be performed or considered to be performed within the Armed Forces or in the public sector.

VI . Tax duty

Article 73 : Everyone is required to contribute to public expenditure by paying their taxes according to their financial capacity. The fair and balanced distribution of the tax burden is the social objective of financial policy. Taxes, duties and fees and similar financial charges are established, modified and removed by law. The Council of Ministers may be empowered to modify, within the maximum and minimum limits defined by law, the provisions relating to exemptions, exceptions and reductions as well as the rates of taxes, duties, taxes and similar financial charges.

VII . Right of petition

Article 74 : ( modified by Law No. 4709 of 3.10.2001 ): Citizens and, subject to reciprocity, foreigners residing in Turkey have the right to address in writing to the competent authorities and to the Grand National Assembly of Turkey their requests and complaints relating to their person or to public affairs. The results of the petitions which concern them are communicated in writing and without delay to their authors. The mode of exercise of this right is regulated by law.

Third part: Fundamental organs of the Republic
Chapter One: The legislature
I . The Grand National Assembly of Turkey

A . Constitution

Article 75 : ( modified by laws n ° 3361 of 17.5.1987 and n ° 4121 of 23.7.1995 ): The Grand National Assembly of Turkey is composed of five hundred and fifty deputies elected by universal suffrage.

B. Eligibility as a Member of Parliament

ARTICLE 76: Every Turkish citizen having completed thirty years can be elected deputy. (Amended by Law No. 4777 of December 27, 2002) The following cannot be elected as deputies: persons who have not at least graduated from primary education, those who are prohibited, those who have not duly completed their military service, those who are excluded of the public service, those who have been sentenced to a total term of one year or more in prison or imprisonment except in the case of an offense of recklessness, and those who have been sentenced for an infamous crime such as embezzlement, bribery, bribery, corruption, theft, scam, forgery, breach of trust and fraudulent bankruptcy, or for smuggling, corruption in auctions and purchases and official sales,

Judges and prosecutors, members of higher courts, members of the teaching staff of higher education institutions, members of the Higher Education Council, officials of public institutions and establishments with civil servant status as well as other agents public who, because of the nature of the service they perform, do not have the status of workers and members of the Armed Forces cannot be candidates or be elected as a deputy unless they resign from office.

C. Frequency of elections to the Grand National Assembly of Turkey

ARTICLE 77: Elections to the Grand National Assembly of Turkey take place every five years. The Assembly may decide to renew the elections before the expiration of this period, and the elections may also be renewed by virtue of a decision taken by the President of the Republic under the conditions provided for by the Constitution. Outgoing deputies are eligible for re-election. The Assembly whose renewal has been decided continues to exercise its powers until the election of the new Assembly.

D. Postponement of the elections to the Grand National Assembly of Turkey and by-elections

ARTICLE 78: If it appears impossible to hold new elections due to war, the Grand National Assembly of Turkey may decide to postpone the elections for one year. If the reason for the postponement has not disappeared, this operation may be renewed according to the procedure applied for the postponement decision. In the event of vacancy of seats in the Grand National Assembly of Turkey, a partial election is held. By-elections are only held once in each legislature, and there can be no by-elections until 30 months have passed since the general election. However, in cases where the number of vacant seats reaches five percent of the total number of seats, the decision to hold by-elections within three months will be made.

(Amended by Law No. 4777 of December 27, 2002) Apart from the cases described above, when there is no longer a representative of an electoral department or district, an intermediate election is held on first Sunday following the expiration of a period of ninety days from the vacancy of the seat (s). The third paragraph of section 127 does not apply to elections held under this paragraph.

E. General administration and election control

ARTICLE 79: The elections are held under the general administration and the control of the judicial bodies. It is the responsibility of the Superior Electoral Council to carry out and have carried out from the beginning to the end of the elections all operations relating to the fair and fair holding of elections, to examine during and after the elections all irregularities, complaints and disputes about the elections and to rule definitively on them as well as approve the minutes of election of the members of the Grand National Assembly of Turkey. There can be no appeal against the decisions of the Higher Electoral Council before any other body. The powers and attributions of the Superior Electoral Council and the other electoral councils are regulated by law, The Higher Electoral Council is made up of seven full members and four alternate members. Six of them are elected by the General Assembly of the Court of Cassation and five by the General Assembly of the Council of State from among their own members by secret ballot, and by an absolute majority of the total number of their members. These members of the Higher Electoral Council designate from among themselves a president and a vice-president by secret ballot and by absolute majority. Two of the alternate members of the Superior Electoral Council are drawn from among the members elected by the Court of Cassation and the other two from among the members elected by the Council of State. The president and vice-president of the Higher Electoral Council do not participate in this draw. The

F. Provisions relating to members

1. Representation of the nation

ARTICLE 80: The members of the Grand National Assembly of Turkey represent the whole nation and not the regions or people who elected them.

2. Swearing in

ARTICLE 81: The members of the Grand National Assembly of Turkey take the following oath when they take office: “I swear on honor before the Turkish Grand Nation to safeguard the existence and independence of the State, the indivisible integrity of the homeland and the nation and the unconditional sovereignty of the nation, to remain committed to the rule of law, to the democratic and secular Republic and to the principles and reforms of Atatürk, not to depart from the ideal under which everyone enjoys human rights and fundamental freedoms in a manner consistent with justice, national solidarity, peace and the well-being of society, and to remain faithful to Constitution. “

3. Incompatibilities

ARTICLE 82: Members of the Grand National Assembly of Turkey cannot accept office either with the State and with other public legal entities or organizations attached to it; nor with companies and societies in which the State or other public legal entities have a direct or indirect participation; nor in the boards of directors or control of associations of public utility which profit by virtue of the law of resources and particular advantages, of the foundations which receive a subsidy of the State and profit from a tax exemption, professional organizations which have the character of public establishments and unions as well as unions formed by these organizations and unions; they cannot become an agent or subscribe directly or indirectly, any engagement whatsoever on their behalf, or accepting representation or arbitration assignments. The members of the Grand National Assembly of Turkey cannot be entrusted with any mission, official or private, subject to a proposal, recommendation, appointment or approval of the executive. Acceptance by a member of a temporary mission having a specific purpose and not exceeding six months, and which is proposed to him by the Council of Ministers, is subject to the authorization of the Assembly. Other functions and activities incompatible with the membership of the Grand National Assembly of Turkey are specified by law. nor accept any representation or arbitration assignments. The members of the Grand National Assembly of Turkey cannot be entrusted with any mission, official or private, subject to a proposal, a recommendation, an appointment or an approval of the executive. Acceptance by a member of a temporary mission having a specific purpose and not exceeding six months, and which is proposed to him by the Council of Ministers, is subject to the authorization of the Assembly. Other functions and activities incompatible with the membership of the Grand National Assembly of Turkey are specified by law. nor accept any representation or arbitration assignments. The members of the Grand National Assembly of Turkey cannot be entrusted with any mission, official or private, subject to a proposal, a recommendation, an appointment or an approval of the executive. Acceptance by a member of a temporary mission having a specific purpose and not exceeding six months, which is proposed to him by the Council of Ministers, is subject to the authorization of the Assembly. Other functions and activities incompatible with the membership of the Grand National Assembly of Turkey are specified by law. subject to a proposal, recommendation, appointment or approval by the executive. Acceptance by a member of a temporary mission having a specific purpose and not exceeding six months, and which is proposed to him by the Council of Ministers, is subject to the authorization of the Assembly. Other functions and activities incompatible with the membership of the Grand National Assembly of Turkey are specified by law. subject to a proposal, recommendation, appointment or approval by the executive. Acceptance by a member of a temporary mission having a specific purpose and not exceeding six months, and which is proposed to him by the Council of Ministers, is subject to the authorization of the Assembly. Other functions and activities incompatible with the membership of the Grand National Assembly of Turkey are specified by law.

4. Parliamentary immunity

ARTICLE 83: The members of the Grand National Assembly of Turkey cannot be held responsible neither for the votes cast and for the words pronounced by them during the work of the Assembly, nor for the opinions which they profess at the Assembly, nor for their rehearsal or broadcasting outside the Assembly, unless the Assembly has decided otherwise during a specific meeting on the proposal of the Presidential Bureau. No deputy accused of having committed a crime before or after the elections may be arrested, questioned, detained or tried without a decision of the Assembly. Exceptions to this provision are cases of flagrante delicto punishable by heavy punishment and the cases provided for in article 14 of the Constitution, provided that the relevant proceedings were initiated before the elections. However, the competent authority is required in this case to inform the Grand National Assembly of Turkey of the situation without delay and in a direct manner. The execution of a criminal conviction pronounced against a member of the Grand National Assembly of Turkey before or after the elections is postponed until he loses the quality of member; prescription does not run for the duration of his mandate. In the event of the re-election of a member, the investigation and prosecution of which he is the subject are subject to a further waiver of his immunity by the Assembly. Parliamentary groups of political parties in the Grand National Assembly of Turkey cannot debate or take a decision on parliamentary immunity. inform the Turkish Grand National Assembly of the situation immediately and directly. The execution of a criminal conviction pronounced against a member of the Grand National Assembly of Turkey before or after the elections is postponed until he loses the quality of member; prescription does not run for the duration of his mandate. In the event of the re-election of a member, the investigation and prosecution of which he is the subject are subject to a further waiver of his immunity by the Assembly. Parliamentary groups of political parties in the Grand National Assembly of Turkey cannot debate or take a decision on parliamentary immunity. inform the Turkish Grand National Assembly of the situation without delay and in a direct manner. The execution of a criminal conviction pronounced against a member of the Grand National Assembly of Turkey before or after the elections is postponed until he loses the quality of member; prescription does not run for the duration of his mandate. In the event of the re-election of a member, the investigation and prosecution of which he is the subject are subject to a further waiver of his immunity by the Assembly. Parliamentary groups of political parties in the Grand National Assembly of Turkey cannot debate or take a decision on parliamentary immunity. execution of a criminal conviction pronounced against a member of the Grand National Assembly of Turkey before or after the elections is postponed until he loses the quality of member; prescription does not run for the duration of his mandate. In the event of the re-election of a member, the investigation and prosecution of which he is the subject are subject to a further waiver of his immunity by the Assembly. Parliamentary groups of political parties in the Grand National Assembly of Turkey cannot debate or take a decision on parliamentary immunity. execution of a criminal conviction pronounced against a member of the Grand National Assembly of Turkey before or after the elections is postponed until he loses the quality of member; prescription does not run for the duration of his mandate. In the event of the re-election of a member, the investigation and prosecution of which he is the subject are subject to a further waiver of his immunity by the Assembly. Parliamentary groups of political parties in the Grand National Assembly of Turkey cannot debate or take a decision on parliamentary immunity. prescription does not run for the duration of his mandate. In the event of the re-election of a member, the investigation and prosecution of which he is the subject are subject to a further waiver of his immunity by the Assembly. Parliamentary groups of political parties in the Grand National Assembly of Turkey cannot debate or take a decision on parliamentary immunity. prescription does not run for the duration of his mandate. In the event of the re-election of a member, the investigation and prosecution of which he is the subject are subject to a further waiver of his immunity by the Assembly. Parliamentary groups of political parties in the Grand National Assembly of Turkey cannot debate or take a decision on parliamentary immunity.

5. Forfeiture of the capacity of deputy

ARTICLE 84: The Grand National Assembly of Turkey assembled in plenary assembly rules on the forfeiture of the quality of deputy against the deputies who resigned after the resignation was recognized as valid by the Presidential Office of the Grand National Assembly of Turkey . In the event that forfeiture results from a final conviction or a prohibition, it takes effect by the notification of the final judicial decision to the plenary assembly. It is decided in plenary assembly by secret ballot on the deprivation of the quality of deputy against the deputy who pursues functions or a mission incompatible with this quality, on the basis of the report of the competent committee establishing this situation. The plenary assembly can pronounce by absolute majority of the total number of seats the forfeiture of the quality of deputy against the deputy who abstains, without excuse and without authorization, to take part in the work of the assembly during a total of five meeting days in a month, after the Presidential Office of the Assembly has established this situation. The deputy who is designated in the decision of the Constitutional Court pronouncing the final dissolution of a political party as having caused this dissolution by his declarations or his activities ceases to have the quality of deputy on the date of publication in the Journal of the reasoned decision of the Court. The Presidency of the Grand National Assembly of Turkey immediately implements this decision and informs the plenary assembly. to take part in the work of the assembly for a total of five meeting days in the course of a month, after the Presidential Bureau of the Assembly has established this situation. The deputy who is designated in the decision of the Constitutional Court pronouncing the final dissolution of a political party as having caused this dissolution by his declarations or his activities ceases to have the quality of deputy on the date of publication in the Journal of the reasoned decision of the Court. The Presidency of the Grand National Assembly of Turkey immediately implements this decision and informs the plenary assembly. to take part in the work of the assembly for a total of five meeting days in the course of a month, after the Presidential Bureau of the Assembly has established this situation. The deputy who is designated in the decision of the Constitutional Court pronouncing the final dissolution of a political party as having caused this dissolution by his declarations or his activities ceases to have the quality of deputy on the date of publication in the Journal of the reasoned decision of the Court. The Presidency of the Grand National Assembly of Turkey immediately implements this decision and informs the plenary assembly. The deputy who is designated in the decision of the Constitutional Court pronouncing the final dissolution of a political party as having caused this dissolution by his declarations or his activities ceases to have the quality of deputy on the date of publication in the Journal of the reasoned decision of the Court. The Presidency of the Grand National Assembly of Turkey immediately implements this decision and informs the plenary assembly. The deputy who is designated in the decision of the Constitutional Court pronouncing the final dissolution of a political party as having caused this dissolution by his declarations or his activities ceases to have the quality of deputy on the date of publication in the Journal of the reasoned decision of the Court. The Presidency of the Grand National Assembly of Turkey immediately implements this decision and informs the plenary assembly.

6. Cancellation request

ARTICLE 85: In cases where the parliamentary immunity of a deputy has been waived or the forfeiture of the status of deputy pronounced under paragraphs 1, 3 or 4 of section 84, the deputy concerned or another deputy may lodge an appeal for the annulment of this decision before the Constitutional Court, invoking its contradiction with the Constitution, the law or the Rules of Procedure, within a period of seven days starting on the date of the decision taken in plenary assembly. The Constitutional Court rules definitively on the request for cancellation within fifteen days.

7. Travel allowances and expenses

ARTICLE 86 (modified by law n ° 4720 of 21.11.2001): The allowances and travel expenses as well as the retirement arrangements for the members of the Grand National Assembly of Turkey are fixed by law. The monthly amount of compensation may not exceed the salary of the highest ranking government official, and that of travel expenses may not exceed half of the compensation. The members and the retired members of the Grand National Assembly of Turkey come under the Pension Fund of the Turkish Republic and the members who cease to have this capacity have the faculty to maintain their links with this fund. Payment to members of the Grand National Assembly of Turkey for allowances and travel expenses not entail the suspension of retirement pensions or similar allowances paid to them by the Pension Fund of the Turkish Republic. Allowances and travel expenses can be paid in advance for up to three months.

He. Powers and powers of the Grand National Assembly of Turkey

A. General

ARTICLE 87 (amended by Law No. 4709 of 3.10.2001 [2]): The powers and powers of the Grand National Assembly of Turkey consist in drawing up, amending and repealing laws; control the Council of Ministers and the ministers; empower the Council of Ministers to issue decree-laws in specific matters; discuss and approve draft budgets and regulatory acts; authorize the issue of money and declare war; confirm the ratification of international conventions, proclaim by a decision taken by a majority of three-fifths of the total number of members of the Grand National Assembly of Turkey, general or particular amnesty, ratify, as well as make use of the powers and exercise the powers which are entrusted to him by the other articles of the Constitution.

B. Proposal and discussion of laws

ARTICLE 88: The initiative for laws belongs concurrently to the Council of Ministers and deputies. The procedures and rules for the discussion of bills and legislative proposals to the Grand National Assembly of Turkey are laid down in the Internal Regulations.

C. Promulgation of laws by the President of the Republic

ARTICLE 89 (amended by Law No. 4709 of 3.10.2001): the President of the Republic promulgates within fifteen days the laws adopted by the Grand National Assembly of Turkey. He may, within the same period, refer to the Grand National Assembly of Turkey for further deliberation laws which he does not approve promulgation, or full promulgation, accompanied by the statement of his reasons. In the event that the promulgation of only part of a law is not approved by the President of the Republic, the Grand National Assembly of Turkey may confine itself to debating unapproved articles. Budget laws are an exception to the provision of this paragraph. If the Grand National Assembly of Turkey maintains the law returned, the President of the Republic promulgates it; if the Assembly makes further changes to the text returned, the President of the Republic may refer it again. The provisions relating to constitutional amendments are reserved.

D. Approval of international conventions

ARTICLE 90: Ratification of conventions concluded with foreign states and international organizations on behalf of the Republic of Turkey is subject to confirmation of their ratification by the Grand National Assembly of Turkey by law. Agreements governing economic, commercial or technical relations, the duration of which does not exceed one year, may, provided that this does not entail any charge for the finances of the State and does not prejudice the condition of persons or property rights of Turks abroad, to be enforced by simple publication. In this event, the conventions in question are brought to the attention of the Grand National Assembly of Turkey within two months of their publication. The agreements application based on an international convention and economic, commercial, technical or administrative agreements concluded by virtue of a legislative empowerment must not be approved by the Grand National Assembly of Turkey; however, economic and commercial agreements or those relating to the rights of individuals concluded in accordance with this paragraph may not be brought into force before their publication. The provision of the first paragraph applies to the conclusion of any agreement resulting in a modification of Turkish law. International conventions duly brought into force have the force of law. They cannot be the subject of a constitutional complaint before the Constitutional Court.

E. Authorization to issue decrees-Iois

ARTICLE 91: The Grand National Assembly of Turkey may empower the Council of Ministers to issue decree-laws. However, the fundamental rights and the rights and duties of the individual appearing in the first and second chapters of the second part of the Constitution, as well as the political rights and duties set out in the fourth chapter of this part cannot be the subject of legislative decrees, subject to the provisions relating to the state of siege and the state of emergency. The enabling law mentions the purpose, scope, principles and duration of use of the Ioi decree and indicates whether more than one Ioi decree may be issued during it. The resignation or censorship of the Council of Ministers and the expiration of the legislature do not entail the lapse of the authorization granted for a fixed term. If the approval of the decree-Ioi by the Grand National Assembly of Turkey occurs before the term, the Assembly specifies at the same time if the authorization has ended or if it is maintained until the expiration of the initial period. The provisions relating to the preparation of decrees-Iois by the Council of Ministers meeting under the presidency of the President of the Republic in the event of state of siege and state of emergency are reserved. The decrees-Iois enter into force on the day of their publication in the Official Journal. However, the decree may also provide for a later date for its entry into force. Legislative decrees are submitted to the Grand National Assembly of Turkey on the day of their publication in the Official Gazette. The Grand National Assembly of Turkey deliberates on the enabling laws and decrees issued in application of these by priority and under the benefit of urgency, both in committee and in plenary assembly. Decrees which are not submitted to the Grand National Assembly of Turkey on the day of their publication expire from that date and those which are rejected by the Grand National Assembly of Turkey lose their effects on the day of the publication of the decision of rejection in the Official Journal. In the event of approval of a decree-law subject to modifications, the provisions subject to amendments shall enter into force on the day of the publication of the said amendments in the Official Journal. empowerment and decrees-Iois taken in application of these by priority and under the benefit of urgency, both in committee and in Plenary Assembly. Decrees which are not submitted to the Grand National Assembly of Turkey on the day of their publication expire from that date and those which are rejected by the Grand National Assembly of Turkey lose their effects on the day of the publication of the decision of rejection in the Official Journal. In the event of approval of a decree-law subject to modifications, the provisions subject to amendments shall enter into force on the day of the publication of the said amendments in the Official Journal. empowerment and decrees-Iois taken in application of these by priority and under the benefit of urgency, both in committee and in Plenary Assembly. Decrees which are not submitted to the Grand National Assembly of Turkey on the day of their publication expire from that date and those which are rejected by the Grand National Assembly of Turkey lose their effects on the day of the publication of the decision of rejection in the Official Journal. In the event of approval of a decree-law subject to modifications, the provisions subject to amendments shall enter into force on the day of the publication of the said amendments in the Official Journal. Decrees which are not submitted to the Grand National Assembly of Turkey on the day of their publication expire from that date and those which are rejected by the Grand National Assembly of Turkey lose their effects on the day of the publication of the decision of rejection in the Official Journal. In the event of approval of a decree-law subject to modifications, the provisions subject to amendments shall enter into force on the day of the publication of the said amendments in the Official Journal. Decrees which are not submitted to the Grand National Assembly of Turkey on the day of their publication expire from that date and those which are rejected by the Grand National Assembly of Turkey lose their effects on the day of the publication of the decision of rejection in the Official Journal. In the event of approval of a decree-law subject to modifications, the provisions subject to amendments shall enter into force on the day of the publication of the said amendments in the Official Journal.

F. Declaration of State of War and Authorization to Use the Armed Forces

ARTICLE 92: It is the responsibility of the Grand National Assembly of Turkey to authorize the proclamation of a state of war in cases considered legitimate by international law and the dispatch of the Turkish Armed Forces abroad or the presence of forces foreign armies on Turkish territory except in cases required under international treaties to which Turkey is a party or rules of international comity. The President of the Republic also has the power to decide to use the Turkish Armed Forces during the holidays or the suspension of the work of the Grand National Assembly of Turkey, in cases where the country is subjected to sudden armed aggression and where it is it is therefore essential to take the decision to use the Armed Forces without delay.

III. Provisions relating to the activities of the Grand National Assembly of Turkey

A. Session and vacation

ARTICLE 93 (amended by Law No. 4121 of July 23, 1995): The Grand National Assembly of Turkey meets as of right each year on the first day of October. The Assembly can go on vacation for a maximum of three months per legislative year; during the holidays or the suspension of the work of the Assembly, the President of the Republic can convene it directly or at the request of the Council of Ministers. The President of the Assembly can also convene it directly or at the written request of one fifth of its members. When the Grand National Assembly of Turkey meets during a period of suspension or vacation it cannot go back on vacation or suspend its work again without having previously discussed the question which is the subject of its convocation.

B. Presidential office

ARTICLE 94 (amended by Law No. 4709 of 3.10.2001): The Presidential Office of the Grand National Assembly of Turkey consists of the President, Vice-Presidents, Secretaries and Quaestors of the Assembly, who are elected from among members of it. The Presidential Bureau is formed in such a way as to ensure the participation in the Bureau of parliamentary groups of political parties in proportion to the number of their members. Parliamentary groups of political parties cannot nominate candidates for the President of the Assembly. The Presidential Bureau is elected twice during each Legislature. The term of office of the elect is two years for the first period and three years for the second. The names of the candidates for the presidency of the Grand National Assembly of Turkey, who are chosen from among its members, are notified to the Presidential Bureau within five days of the first meeting of the Assembly. The president is elected by secret ballot. A two-thirds majority of the total number of Assembly seats is required in the first two rounds, an absolute majority is sufficient in the third. If the absolute majority is not reached in the third round, a fourth round is held between the two candidates who obtained the most votes in the third; the candidate who obtains the most votes in the fourth round is elected president. The election of the president must be completed within ten days of the end of the deadline for the presentation of candidacies. The number of vice-presidents, secretaries and quaestors of the Grand National Assembly of Turkey as well as the electoral quotient, the number of ballots and the voting procedures are indicated in the Rules of Procedure of the Assembly. The President and Vice-Presidents of the Grand National Assembly of Turkey may not take part in activities, both inside and outside the Assembly, by political parties and the parliamentary groups of which they are members. ; apart from the cases necessary by their functions, they cannot take part in the debates of the Assembly; the president and the vice-president who presides over the meeting are not entitled to vote. Assembly only outside of it, by political parties and parliamentary groups of which they are members; apart from the cases necessary by their functions, they cannot take part in the debates of the Assembly; the chairman and the vice-chairman who preside over the meeting are not entitled to vote. Assembly only outside of it, by political parties and parliamentary groups of which they are members; apart from the cases necessary by their functions, they cannot take part in the debates of the Assembly; the chairman and the vice-chairman who preside over the meeting are not entitled to vote.

C. Rules of procedure, political party groups and security affairs

ARTICLE 95: The Grand National Assembly of Turkey carries out its work according to the provisions of the Internal Regulations of which it is the author. The provisions of the Rules of Procedure are adopted in such a way as to ensure the participation of political party groups in all Assembly activities in proportion to the number of their members. To be able to form a political party group, you need at least twenty members. Administrative and security services in all premises, facilities and dependencies and within the grounds of the Grand National Assembly of Turkey are regulated and provided by the President of the Assembly. Sufficient forces to meet the needs of the police and other security services are made available to the Presidency of the

D. Quorum for meetings and for decisions

ARTICLE 96: Unless otherwise provided for in the Constitution, the Grand National Assembly of Turkey meets when at least one third of the total number of its members is present and acts by an absolute majority of the members present; however, the majority decision cannot in any way be less than a quarter plus one of the total number of seats. Members of the Council of Ministers may empower a minister to vote for them at meetings of the Grand National Assembly of Turkey which they are unable to attend. However, a minister can only have two votes, including his own, at the most.

E. Publicity and publication of debates

ARTICLE 97: The proceedings of the Plenary Assembly of the Grand National Assembly of Turkey are public and are published in full in the bulletin of minutes. The Grand National Assembly of Turkey may sit in camera in accordance with the provisions of the Rules of Procedure and in this case, the publication of debates is subject to the authorization of the Grand National Assembly of Turkey. The publication of public debates by all types of media is free unless the Assembly decides otherwise during a specific session on the proposal of the Presidential Office.

IV. Means of information and control of the Grand National Assembly of Turkey

A. General

ARTICLE 98: The Grand National Assembly of Turkey exercises its power of control by means of questions, parliamentary inquiries, general discussions, motions of censure and parliamentary inquiries. The question is to ask the Prime Minister or a Minister for information, which they are required to provide orally or in writing on behalf of the Council of Ministers. The parliamentary inquiry consists of an examination carried out with a view to obtaining information on a specific subject. The general discussion is aimed at a debate in the Plenary Assembly of the Grand National Assembly of Turkey on a specific subject which concerns society or the activities of the State. The form of presentation, the content and the subject of the motions relating to the questions,

B. Motion of censure

ARTICLE 99: The motion of censure is deposited either in the name of a political party or under the signature of at least twenty deputies. The censure motion is published and distributed to members within three days of its tabling; its inclusion on the agenda is discussed within ten days of its distribution. Only one of the authors of the proposal may speak during the deliberation, a deputy on behalf of each of the political party groups and the Prime Minister or a minister on behalf of the Council of Ministers. The date of the deliberation of the censure motion is fixed at the time of the adoption of the resolution relating to its inclusion on the agenda; however, the deliberation of the motion of censure cannot take place before two days have elapsed since the date of this resolution nor be postponed by more than seven days beyond this date. Motions of defiance tabled by members or groups and questions of confidence formulated by the Council of Ministers during the deliberation of the censure motion are put to the vote after the expiration of a clear day. Censorship of the Council of Ministers or of a minister can only be decided by an absolute majority of the total number of seats; during the ballot, one counts only the votes favorable to distrust. The Rules of Procedure set out the other provisions relating to motions of censure in accordance with the principles set out above and the purpose of

C. Parliamentary inquiry

ARTICLE 100 (modified by law n ° 4709 of 3.10.2001): The Prime Minister and the ministers may be the subject of motions of inquiry on the proposal of at least one tenth of the total number of members of the Grand National Assembly from Turkey. The Assembly deliberates and decides on the request by secret ballot at the latest in the month. In the event that an investigation is decided, it will be carried out by a committee of fifteen people, established by lot from among the candidates nominated by the political parties represented in the Assembly, in proportion to their representation. The drawing of lots takes place separately for each of the parties between the candidates whom they propose in number equal to triple that of the members which they can nominate. The commission submits its report, which indicates the results of the investigation, to the Assembly within two months. If the investigation cannot be completed within this period, the commission is granted a new period of two months, which is final. The report must be submitted to the President of the Grand National Assembly of Turkey within this period. The report is disseminated within ten days of its delivery to the presidency, it is deliberated within ten days of its dissemination and, if deemed necessary, the person concerned is brought before the High Court. This decision is taken by secret ballot and can only be adopted by an absolute majority of the total number of seats. Deliberations and decisions relating to the parliamentary inquiry cannot be made within the parliamentary groups of political parties. to the Assembly within two months. If the investigation cannot be completed within this period, the commission is granted a new period of two months, which is final. The report must be submitted to the President of the Grand National Assembly of Turkey within this period. The report is disseminated within ten days of its delivery to the presidency, it is deliberated within ten days of its dissemination and, if deemed necessary, the person concerned is brought before the High Court. This decision is taken by secret ballot and can only be adopted by an absolute majority of the total number of seats. Deliberations and decisions relating to the parliamentary inquiry cannot be made within the parliamentary groups of political parties. to the Assembly within two months. If the investigation cannot be completed within this period, the commission is granted a new period of two months, which is final. The report must be submitted to the President of the Grand National Assembly of Turkey within this period. The report is disseminated within ten days of its delivery to the presidency, it is deliberated within ten days of its dissemination and, if deemed necessary, the person concerned is brought before the High Court. This decision is taken by secret ballot and can only be adopted by an absolute majority of the total number of seats. Deliberations and decisions relating to the parliamentary inquiry cannot be made within the parliamentary groups of political parties. investigation cannot be completed within this period, the commission is granted a new period of two months, which is final. The report must be submitted to the President of the Grand National Assembly of Turkey within this period. The report is disseminated within ten days of its delivery to the presidency, it is deliberated within ten days of its dissemination and, if deemed necessary, the person concerned is brought before the High Court. This decision is taken by secret ballot and can only be adopted by an absolute majority of the total number of seats. Deliberations and decisions relating to the parliamentary inquiry cannot be made within the parliamentary groups of political parties. investigation cannot be completed within this period, the commission is granted a new period of two months, which is final. The report must be submitted to the President of the Grand National Assembly of Turkey within this period. The report is disseminated within ten days of its delivery to the presidency, it is deliberated within ten days of its dissemination and, if deemed necessary, the person concerned is brought before the High Court. This decision is taken by secret ballot and can only be adopted by an absolute majority of the total number of seats. Deliberations and decisions relating to the parliamentary inquiry cannot be made within the parliamentary groups of political parties. The report must be submitted to the President of the Grand National Assembly of Turkey within this period. The report is disseminated within ten days of its delivery to the presidency, it is deliberated within ten days of its dissemination and, if deemed necessary, the person concerned is brought before the High Court. This decision is taken by secret ballot and can only be adopted by an absolute majority of the total number of seats. Deliberations and decisions relating to the parliamentary inquiry cannot be made within the parliamentary groups of political parties. The report must be submitted to the President of the Grand National Assembly of Turkey within this period. The report is disseminated within ten days of its delivery to the presidency, it is deliberated within ten days of its dissemination and, if deemed necessary, the person concerned is brought before the High Court. This decision is taken by secret ballot and can only be adopted by an absolute majority of the total number of seats. Deliberations and decisions relating to the parliamentary inquiry cannot be made within the parliamentary groups of political parties. if deemed necessary, the person concerned is referred to the High Court. This decision is taken by secret ballot and can only be adopted by an absolute majority of the total number of seats. Deliberations and decisions relating to the parliamentary inquiry cannot be made within the parliamentary groups of political parties. if deemed necessary, the person concerned is referred to the High Court. This decision is taken by secret ballot and can only be adopted by an absolute majority of the total number of seats. Deliberations and decisions relating to the parliamentary inquiry cannot be made within the parliamentary groups of political parties.

Chapters Two: The Executive
I. The President of the Republic

A. Character and impartiality

ARTICLE 101: The President of the Republic is elected for seven years by the Grand National Assembly of Turkey, either from among its own members who have reached the age of 40 and have completed higher education, or from Turkish citizens possessing these qualities and those required to be elected deputy. The presentation of a candidate for the presidency of the Republic outside the members of the Grand National Assembly of Turkey is only possible on the written proposal of at least one fifth of the total number of members of the Assembly. No one can be elected President of the Republic more than once. If the President of the Republic elected was a member of a party or of the Grand National Assembly of Turkey, he sees his ties with his party broken and loses his quality of member of the Assembly.

B. Election

ARTICLE 102: The President of the Republic is elected by a majority of two thirds of the total number of members of the Grand National Assembly of Turkey and by secret ballot. If the Grand National Assembly of Turkey is not in session, it is urgently convened. The presidential elections are organized thirty days before the expiration of the mandate of the President of the Republic in office or, in the event of vacancy of the presidency, ten days after that it occurred, and must be completed within thirty days following the date of the start of electoral operations. Candidacies must be notified to the Presidential Office of the Assembly within the first days of this period, and elections must be completed within the remaining twenty days. Ballots must be held at least three days apart. In the event that it has not been possible to obtain a two-thirds majority of the total number of members in the first two rounds, a third round will be held. The candidate obtaining the absolute majority of the total number of members during this third ballot will be elected President of the Republic. If the absolute majority is not reached in this round, there will be a fourth round between the two candidates who obtained the most votes in the third round, and if, failing to obtain an absolute majority of the total number of members, none of the candidates is elected President of the Republic in this turn either, one proceeds immediately to the renewal of the elections to the Grand National Assembly of Turkey. In the event that it has not been possible to obtain a two-thirds majority of the total number of members in the first two rounds, a third round will be held. The candidate obtaining the absolute majority of the total number of members during this third ballot will be elected President of the Republic. If the absolute majority is not reached in this round, there will be a fourth round between the two candidates who obtained the most votes in the third round, and if, failing to obtain an absolute majority of the total number of members, none of the candidates is elected President of the Republic in this turn either, one proceeds immediately to the renewal of the elections to the Grand National Assembly of Turkey. In the event that it has not been possible to obtain a two-thirds majority of the total number of members in the first two rounds, a third round will be held. The candidate obtaining the absolute majority of the total number of members during this third ballot will be elected President of the Republic. If the absolute majority is not reached in this round, there will be a fourth round between the two candidates who obtained the most votes in the third round, and if, failing to obtain an absolute majority of the total number of members, none of the candidates is elected President of the Republic in this turn either, one proceeds immediately to the renewal of the elections to the Grand National Assembly of Turkey. it has not been possible to obtain a majority of two thirds of the total number of members in the first two rounds, we will proceed to a third round. The candidate obtaining the absolute majority of the total number of members during this third ballot will be elected President of the Republic. If the absolute majority is not reached in this round, there will be a fourth round between the two candidates who obtained the most votes in the third round, and if, failing to obtain an absolute majority of the total number of members, none of the candidates is elected President of the Republic in this turn either, one proceeds immediately to the renewal of the elections to the Grand National Assembly of Turkey. It will not have been possible to gather a majority of two thirds of the total number of members in the first two rounds, we will proceed to a third round. The candidate obtaining the absolute majority of the total number of members during this third ballot will be elected President of the Republic. If the absolute majority is not reached in this round, there will be a fourth round between the two candidates who obtained the most votes in the third round, and if, failing to obtain an absolute majority of the total number of members, none of the candidates is elected President of the Republic in this turn either, one proceeds immediately to the renewal of the elections to the Grand National Assembly of Turkey. The candidate obtaining the absolute majority of the total number of members during this third ballot will be elected President of the Republic. If the absolute majority is not reached in this round, there will be a fourth round between the two candidates who obtained the most votes in the third round, and if, failing to obtain an absolute majority of the total number of members, none of the candidates is elected President of the Republic in this turn either, one proceeds immediately to the renewal of the elections to the Grand National Assembly of Turkey. The candidate obtaining the absolute majority of the total number of members during this third ballot will be elected President of the Republic. If the absolute majority is not reached in this round, there will be a fourth round between the two candidates who obtained the most votes in the third round, and if, failing to obtain an absolute majority of the total number of members, none of the candidates is elected President of the Republic in this turn either, one proceeds immediately to the renewal of the elections to the Grand National Assembly of Turkey.

C. Oath

ARTICLE 103: When he takes office, the President of the Republic takes the following oath before the Turkish National Assembly: “As President of the Republic, I swear on honor before the Turkish Grand Nation and the history of safeguarding the existence and independence of the State, the indivisible integrity of the fatherland and of the nation and the unconditional sovereignty of the nation, of remaining committed to the Constitution, to the rule of law, to the democracy, to the principles and reforms of Atatürk and to the principle of the secular Republic, of not deviating from the ideal by which everyone enjoys human rights and fundamental freedoms in a manner consistent with justice , national solidarity and the peace and well-being of the nation,to work with all my might to safeguard the honor and glory of the Republic of Turkey and to raise them to the highest level and to impartially fulfill the task which I have assumed. “

D. Powers and powers

ARTICLE 104: The President of the Republic is the Head of State. In this capacity, he represents the Republic of Turkey and embodies the unity of the Turkish nation; it oversees the application of the Constitution and the regular and harmonious functioning of the organs of the State. For these purposes, and in accordance with the conditions set out in specific articles of the Constitution, the President of the Republic has the following powers and powers: a) In legislative matters: deliver the opening speech of the Turkish National Assembly legislative year on the first day of it, when it deems it necessary, convene the Grand National Assembly of Turkey if necessary, promulgate laws, refer laws to the Grand National Assembly of Turkey for a new deliberation, submit to a referendum the laws amending the constitutional amendment, when it considers it necessary, bring an action before the Constitutional Court for the annulment of the laws, decrees-Iois, the Rules of Procedure of the Grand National Assembly of Turkey or some of their provisions , which it considers unconstitutional as to form or substance, to decide to renew the elections to the Grand National Assembly of Turkey; b) In executive matters: appointing the Prime Minister and accepting his resignation, appointing and dismissing ministers on the proposal of the Prime Minister, presiding over the Council of Ministers or convening it to meet under his presidency in cases where he considers it necessary, accredit the representatives of instruct the State Control Council to carry out study, investigation and verification missions, designate the members of the Higher Education Council, designate university rectors; c) In judicial matters: appoint the members of the Constitutional Court, a quarter of the members of the Council of State, the Attorney General of the Republic at the Court of Cassation and the Deputy Attorney General of the Republic at the Court of Cassation, members of the Military Court of Cassation, members of the Higher Military Administrative Court as well as members of the Higher Council of Judges and Prosecutors. The President of the Republic also exercises the powers of appointment and designation as well as the other powers and powers conferred on him by the Constitution and the laws. State of study, investigation and verification missions, designate the members of the Higher Education Council, designate university rectors; c) In judicial matters: appoint the members of the Constitutional Court, a quarter of the members of the Council of State, the Attorney General of the Republic at the Court of Cassation and the Deputy Attorney General of the Republic at the Court of Cassation, members of the Military Court of Cassation, members of the Higher Military Administrative Court as well as members of the Higher Council of Judges and Prosecutors. The President of the Republic also exercises the powers of appointment and designation as well as the other powers and powers conferred on him by the Constitution and the laws. State of study, investigation and verification missions, designate the members of the Higher Education Council, designate university rectors; c) In judicial matters: appoint the members of the Constitutional Court, a quarter of the members of the Council of State, the Attorney General of the Republic at the Court of Cassation and the Deputy Attorney General of the Republic at the Court of Cassation, members of the Military Court of Cassation, members of the Higher Military Administrative Court as well as members of the Higher Council of Judges and Prosecutors. The President of the Republic also exercises the powers of appointment and designation as well as the other powers and powers conferred on him by the Constitution and the laws. to designate the members of the Council for Higher Education, to designate university rectors; c) In judicial matters: appoint the members of the Constitutional Court, a quarter of the members of the Council of State, the Attorney General of the Republic at the Court of Cassation and the Deputy Attorney General of the Republic at the Court of Cassation, members of the Military Court of Cassation, members of the Higher Military Administrative Court as well as members of the Higher Council of Judges and Prosecutors. The President of the Republic also exercises the powers of appointment and designation as well as the other powers and powers conferred on him by the Constitution and the laws. to designate the members of the Council for Higher Education, to designate university rectors; c) In judicial matters: appoint the members of the Constitutional Court, a quarter of the members of the Council of State, the Attorney General of the Republic at the Court of Cassation and the Deputy Attorney General of the Republic at the Court of Cassation, members of the Military Court of Cassation, members of the Higher Military Administrative Court as well as members of the Higher Council of Judges and Prosecutors. The President of the Republic also exercises the powers of appointment and designation as well as the other powers and powers conferred on him by the Constitution and the laws. appoint the members of the Constitutional Court, a quarter of the members of the Council of State, the Attorney General of the Republic to the Court of Cassation and the Deputy Attorney General of the Republic to the Court of Cassation, the members of the Court of Cassation military, the members of the Superior Military Administrative Tribunal as well as the members of the Superior Council of Judges and Prosecutors. The President of the Republic also exercises the powers of appointment and designation as well as the other powers and powers conferred on him by the Constitution and the laws. appoint the members of the Constitutional Court, a quarter of the members of the Council of State, the Attorney General of the Republic to the Court of Cassation and the Deputy Attorney General of the Republic to the Court of Cassation, the members of the Court of Cassation military, the members of the Superior Military Administrative Tribunal as well as the members of the Superior Council of Judges and Prosecutors. The President of the Republic also exercises the powers of appointment and designation as well as the other powers and powers conferred on him by the Constitution and the laws. members of the Military Court of Cassation, members of the Higher Military Administrative Court as well as members of the Higher Council of Judges and Prosecutors. The President of the Republic also exercises the powers of appointment and designation as well as the other powers and powers conferred on him by the Constitution and the laws. members of the Military Court of Cassation, members of the Higher Military Administrative Court as well as members of the Higher Council of Judges and Prosecutors. The President of the Republic also exercises the powers of appointment and designation as well as the other powers and powers conferred on him by the Constitution and the laws.

E. Liability and irresponsibility

ARTICLE 105: All decisions of the President of the Republic, with the exception of acts which under the Constitution and other laws he can accomplish alone without countersignature from the Prime Minister and the minister concerned, are countersigned by the Prime Minister and the ministers concerned; the Prime Minister and the minister concerned are responsible for these decisions. Decisions and orders signed ex officio by the President of the Republic cannot be the subject of any appeal before the judicial authorities, including the Constitutional Court. The President of the Republic may be charged with high treason by a decision taken by a majority of three quarters of the total number of members of the Grand National Assembly of Turkey on the proposal of

F. Substitute for the President of the Republic

ARTICLE 106: The President of the Grand National Assembly of Turkey replaces the President of the Republic in cases where the latter is temporarily unable to exercise his functions, in particular as a result of illness or stay abroad, until he takes them over, and ensures the interim of the Presidency of the Republic in cases where the latter is vacant, as a result of death, resignation or any other cause, until ‘a new president be elected. In these cases, he exercises the powers attributed to the President of the Republic.

G. General Secretariat of the Presidency of the Republic

ARTICLE 107: The constitution, organization, operating principles and methods of appointment of the staff of the General Secretariat of the Presidency of the Republic are regulated by a presidential decree.

H. State Control Council

The Armed Forces and the judiciary are not under the jurisdiction of the State Control Council. The President of the Republic appoints the members of the State Control Council as well as its president from among people with the qualifications defined by law. The law regulates the functioning of the State Control Council as well as the duration of the mandate and other questions relating to the status of its members.

He. Council of Ministers

A. Constitution

ARTICLE 109: The Council of Ministers is made up of the Prime Minister and the ministers. The Prime Minister is appointed by the President of the Republic from among the members of the Grand National Assembly of Turkey. The ministers are appointed by the Prime Minister, from among the members of the Grand National Assembly of Turkey or from among the people qualified to be elected as a deputy, and appointed by the President of the Republic; their functions are terminated, if necessary, by the President of the Republic on the proposal of the Prime Minister.

B, Entry into office and vote of confidence

ARTICLE 110: The complete list of the Council of Ministers is submitted to the Grand National Assembly of Turkey. If the Grand National Assembly of Turkey is on vacation, it is convened. The program of the Council of Ministers is read before the Grand National Assembly of Turkey by the Prime Minister or a minister, at the latest in the week following its constitution, and the vote of confidence is requested. Confidence debates are started after two clear days have elapsed since the program was read and the vote is taken after a clear day has elapsed since the closure of the debates.

C. Vote of confidence during the financial year

ARTICLE 111: The Prime Minister may, if he deems it necessary, and after having debated it in the Council of Ministers, request a vote of confidence from the Grand National Assembly of Turkey. Examination of the request for confidence cannot be started until after the expiration of a clear day since the Grand National Assembly of Turkey was seized of it, and the request can not be put to the vote until after the one clear day has elapsed since the close of proceedings. The request for confidence can only be rejected by an absolute majority of the total number of seats.

D. Powers and political responsibility

ARTICLE 112: The Prime Minister, in his capacity as President of the Council of Ministers, ensures coordination between the ministries and ensures the execution of the general policy of the government. The Council of Ministers is collegially responsible for the implementation of this policy. Each minister is accountable to the Prime Minister, and is further responsible for matters within his competence as well as the activities and acts of his subordinates. The Prime Minister is responsible for ensuring that ministers carry out their duties in a manner consistent with the Constitution and the laws and for taking all appropriate measures to this end. Members of the Council of Ministers who are not deputies take an oath before the National Assembly in the form set out in the section 81 and they comply with the restrictions and conditions to which deputies are subject and enjoy parliamentary immunity as long as they retain the status of minister. They receive the same allowances and travel expenses as the members of the Grand National Assembly of Turkey.

E. Creation of ministries and ministers

ARTICLE 113: The law regulates the creation and suppression of ministries, their powers and attributions as well as their organization. In the event of a vacancy in a ministry or if a minister is on leave or unable to act, another minister will act as a temporary replacement. However, one minister cannot replace more than another. The Minister who is brought before the High Court by decision of the Grand National Assembly of Turkey is dismissed from his functions. In the event that the Prime Minister is brought before the High Court, the government is considered to have resigned. In the event of the vacancy of a department for any reason whatsoever, a new appointment must be made within fifteen days at the latest.

F. Temporary Council of Ministers during an election period

ARTICLE 114: The Ministers of Justice, Interior and Communications resign in anticipation of the general elections to the Grand National Assembly of Turkey. The Prime Minister provides for their replacement three days before the date of the start of the elections or, in the event of a decision to renew the elections before the expiration of the legislature, within five Days of this decision, by appointing to these ministries independent personalities , whether or not members of the Grand National Assembly of Turkey. When the renewal of the elections takes place in application of article 116, the Council of Ministers resigns and the President of the Republic appoints a Prime Minister responsible for forming a temporary Council of Ministers. The Temporary Council of Ministers is made up of members chosen from political party groups in proportion to their representation in the Grand National Assembly of Turkey, subject to the Ministers of Justice, the Interior and Communications who are chosen from among personalities independent, members or not of the Assembly. The President of the Grand National Assembly of Turkey determines the number of ministers to be chosen from each of the political party groups and communicates it to the Prime Minister. It is provided for the replacement of the members of parties which, having been approached, do not accept the portfolio which was proposed to them and of those resigning thereafter, by the appointment of independent personalities, members or not of the Grand National Assembly of Turkey. The temporary Council of Ministers is formed within five days of the publication of the decision to renew the elections in the Official Journal. The confidence vote does not take place with regard to the temporary Council of Ministers. The Temporary Council of Ministers exercises its functions during the elections and remains in place until the meeting of the new Assembly.

G. Public administration regulations

ARTICLE 115: The Council of Ministers may, for the purpose of applying the laws or to specify the measures ordered by them, issue public administration regulations provided that they are not contrary to the laws and have been subject to the prior examination by the Council of State. Public administration regulations are signed by the President of the Republic and published like laws.

H. Renewal of the elections to the Grand National Assembly of Turkey by the President of the Republic

ARTICLE 116: The President of the Republic may, after consulting the President of the Grand National Assembly of Turkey, take the decision to renew the elections in cases where the Council of Ministers failed to gain confidence during the vote mentioned in Article 110 or fell on a motion of censure in accordance with Articles 99 and 111, provided that a new Council of Ministers could not be formed within forty-five days or could not obtain the vote of confidence. The President of the Republic may also, after consulting the President of the Grand National Assembly of Turkey, take the decision to renew the elections in cases where a new Council of Ministers does not could not be formed either within forty-five days following a resignation of the Prime Minister which occurred independently of a motion of censure, or within forty-five days following the election of the Presidential Office of the newly appointed Grand National Assembly of Turkey elected. The renewal decision is published in the Official Journal and elections are immediately held.

I. National Defense

1. Supreme Command and Presidency of the General Staff

ARTICLE 117: The Supreme Command is inseparable from the legal personality of the Grand National Assembly of Turkey and is embodied by the President of the Republic. The Council of Ministers is responsible to the Grand National Assembly of Turkey for the maintenance of national security and the preparation of the Armed Forces for the defense of the homeland. The Chief of General Staff is the commander of the Armed Forces and in times of war he exercises the functions of the Supreme Command on behalf of the President of the Republic. The Chief of General Staff is appointed by the President of the Republic on the proposal of the Council of Ministers; its powers and attributions are regulated by law. The Chief of General Staff is responsible to the Prime Minister for these functions and powers.

2. National Security Council

ARTICLE 118 (amended by Law No. 4709 of 3.10.2001): The National Security Council is composed, under the presidency of the President of the Republic, the Prime Minister, the Chief of the General Staff, the Vice-premieres Ministers, Ministers of Justice, National Defense, the Interior and Foreign Affairs, Commanders of the Land, Naval and Air Forces and the General Commander of the Gendarmerie. With regard to the specifics of the agenda, the ministers or the persons concerned may be convened to meetings of the Council for the purpose of being consulted. The National Security Council communicates to the Council of Ministers its decisions having the value of recommendations in matters of determination, fixing and application of the national security policy of the State as well as its opinion regarding the establishment of the necessary coordination in this regard. The decisions of the National Security Council relating to the measures it considers essential in order to safeguard the existence and independence of the State, the integrity and indivisibility of the territory and the peace and security of society are assessed by the Council of Ministers. The President of the Republic sets the agenda of the National Security Council taking into account the proposals of the Prime Minister and the Chief of the General Staff. When the President of the Republic is unable to attend, the National Security Council holds its meetings under the chairmanship of the Prime Minister. The

III. Exceptional administration procedures

A. States of emergency

1. Declaration of a state of emergency due to natural disaster or serious economic crisis

ARTICLE 119: The Council of Ministers meeting under the chairmanship of the President of the Republic may, in the event of a natural disaster, a dangerous epidemic or a serious economic crisis, declare a state of emergency in one or more regions or on the whole of the country, for a period not exceeding six months.

2. Declaration of a state of emergency due to the extension of acts of violence and serious disturbance of public order

ARTICLE 120: In the event of serious indications of extension of violent actions aimed at overthrowing the free democratic order established by the Constitution or at suppressing fundamental rights and freedoms or in the event of serious disturbance of public order due to acts of violence, the Council of Ministers meeting under the chairmanship of the President of the Republic may, after consulting the National Security Council, declare a state of emergency in one or more regions or throughout the territory of the country, for a period not exceeding six months.

3. Regulation of the state of emergency

ARTICLE 121: When the decision to declare a state of emergency is adopted in accordance with articles 119 and 120 of the Constitution, it is published in the Official Journal and submitted for approval to the Grand National Assembly of Turkey. If the Grand National Assembly of Turkey is on vacation, it is convened immediately. The Assembly can modify the duration of the state of emergency, extend it at the request of the Council of Ministers for periods not exceeding four months, and it can lift the state of emergency. The law on the state of emergency regulates the obligations in cash, in kind or in work which may be imposed on citizens by the proclamation of the state of emergency in application of article 119, and regulates separately for each of the two varieties of states of emergency, the procedures for limiting or suspending fundamental rights and freedoms, in accordance with the principles set out in article 15 of the Constitution, determines how and in what manner the measures required by the situation will be adopted, what kind of attributions will be conferred to the agents of the public services and what type of modifications will be made to their statute, and fixes the exceptional procedures of administration. Throughout the duration of the state of emergency, the Council of Ministers, meeting under the chairmanship of the President of the Republic, may issue decrees in matters which make the state of emergency necessary. These decrees are published in the Official Journal and submitted the same day to the approval of the Grand National Assembly of Turkey;

B. State of siege, general mobilization and state of war

endangering the indivisibility of the territory and the nation. This decision is published without delay in the Official Journal and submitted the same day for approval by the Grand National Assembly of Turkey. If the Grand National Assembly of Turkey is not in session, it is convened immediately. The Grand National Assembly of Turkey may, if it deems it necessary, reduce the duration of the state of siege or extend or lift the state of siege. During a state of siege, the Council of Ministers, meeting under the chairmanship of the President of the Republic, may issue decrees in the matters which make the state of siege necessary. The decrees are published in the Official Journal and submitted the same day to the approval of the Grand National Assembly of Turkey. Deadlines and procedures for approval are determined by its Rules of Procedure. The extension of the state of siege, for periods not exceeding four months each time, is subject to a decision of the Grand National Assembly of Turkey. This limitation to four months does not apply in the event of war. The law determines the applicable provisions, the modes of conduct of operations, relations with the administration and the modes of limitation or suspension of liberties in the event of a state of siege, general mobilization and state of war, as well as the charges to be imposed on citizens in the event of war or in the event of a situation necessitating war. The Commanders of the state of siege exercise their functions under the orders of the Presidency of the General Staff. The extension of the state of siege, for periods not exceeding four months each time, is subject to a decision of the Grand National Assembly of Turkey. This limitation to four months does not apply in the event of war. The law determines the applicable provisions, the modes of conduct of operations, relations with the administration and the modes of limitation or suspension of liberties in the event of a state of siege, general mobilization and state of war, as well as the charges to be imposed on citizens in the event of war or in the event of a situation necessitating war. The Commanders of the state of siege exercise their functions under the orders of the Presidency of the General Staff. The extension of the state of siege, for periods not exceeding four months each time, is subject to a decision of the Grand National Assembly of Turkey. This limitation to four months does not apply in the event of war. The law determines the applicable provisions, the modes of conduct of operations, relations with the administration and the modes of limitation or suspension of liberties in the event of a state of siege, general mobilization and state of war, as well as the charges to be imposed on citizens in the event of war or in the event of a situation necessitating war. The Commanders of the state of siege exercise their functions under the orders of the Presidency of the General Staff. is subject to a decision of the Grand National Assembly of Turkey. This limitation to four months does not apply in the event of war. The law determines the applicable provisions, the modes of conduct of operations, relations with the administration and the modes of limitation or suspension of liberties in the event of a state of siege, general mobilization and state of war, as well as the charges to be imposed on citizens in the event of war or in the event of a situation necessitating war. The Commanders of the state of siege exercise their functions under the orders of the Presidency of the General Staff. is subject to a decision of the Grand National Assembly of Turkey. This limitation to four months does not apply in the event of war. The law determines the applicable provisions, the modes of conduct of operations, relations with the administration and the modes of limitation or suspension of liberties in the event of a state of siege, general mobilization and state of war, as well as the charges to be imposed on citizens in the event of war or in the event of a situation necessitating war. The Commanders of the state of siege exercise their functions under the orders of the Presidency of the General Staff. relations with the administration and the methods of limiting or suspending liberties in the event of a state of siege, general mobilization and a state of war, as well as the charges to be imposed on citizens in the event of war or if a situation requiring war. The Commanders of the state of siege exercise their functions under the orders of the Presidency of the General Staff. relations with the administration and the methods of limiting or suspending liberties in the event of a state of siege, general mobilization and a state of war, as well as the charges to be imposed on citizens in the event of war or if a situation requiring war. The Commanders of the state of siege exercise their functions under the orders of the Presidency of the General Staff.

IV. Administration

A. Principles relating to administration

1. Unity of the administration and public legal personality

ARTICLE 123: The administration constitutes a whole from the point of view of its organization and its functions and is regulated by law. The organization and functioning of the administration are based on the principles of centralization and decentralization. Public legal personality can only be conferred by law or by virtue of a competence expressly assigned by it.

2. Regulations

ARTICLE 124: The Presidency of the Council, the ministries and the public legal entities may issue regulations tending to ensure the application of the laws and regulations of public administration which relate to their field of activity provided that they do not contradict those -this. The law specifies which regulations must be published in the Official Journal.

B. Legal remedy

ARTICLE 125 (modified by law n ° 4121 of July 23, 1995): All acts and decisions of the administration can be the subject of a legal appeal. Concessions relating to public services may provide that the settlement of disputes resulting therefrom will be by national or international arbitration. Only disputes containing a foreign element can be submitted to international arbitration. The acts that the President of the Republic can accomplish alone as well as the decisions of the Supreme Military Council are exempt from judicial control. The period for appealing against administrative acts begins on the day of their written notification. The jurisdiction of the administrative judge is limited to controlling the legality of acts and decisions which is administrative. He cannot take a judicial decision which is likely to limit the exercise of the executive function if it complies with the principles and procedures indicated in the laws, or which itself has the character of an act or a decision. administrative or having the effect of canceling the discretion of the administration. It may be decided to postpone the execution of an administrative act in the event that the execution of the administrative act would be likely to produce irreparable or difficult to repair damage and the administrative act in question would be at the same time manifestly illegal, on the basis of a reasoned decision. In the event of a state of emergency, state of siege, general mobilization or war, the law may provide other limitations on the suspension of the execution of administrative acts, for reasons relating to national security, public order or public health. The administration is required to compensate for any damage resulting from its activities, acts and decisions.

C. Organization of the administration

1. Central administration

ARTICLE 126: Turkey, from the point of view of the organization of the central administration, is divided into departments according to the geographical situation, the economic conditions and the requirements of the public service; the departments are further subdivided into various degrees of administration. The administration of the departments is based on the principle of devolution. Several departments can be grouped into a central administrative organization in order to ensure the efficiency and coordination of the action of the public services. The functions and powers of this organization are regulated by law.

2. Local government

ARTICLE 127: Local administrations are public legal persons constituted with a view to meeting the local collective needs of the population of departments, municipalities and villages, whose principles of constitution are specified by law and whose decision-making bodies are also determined by law, are elected by direct suffrage. The organization, functions and powers of local administrations are regulated by law in accordance with the principle of decentralization. Local government elections are held every five years and according to the principles set out in article 67. However, general or intermediate elections of local government bodies or of members of these bodies which must take place within the twelve months preceding or following the general or intermediate parliamentary elections take place at the same time as these. The law may provide for specific modes of administration with regard to large urban centers. The settlement of disputes relating to the acquisition of the quality of elected body of local government and the loss of this quality is subject to judicial control. However, local government bodies or their members against whom an investigation or prosecution has been initiated for an offense committed in the exercise of their functions may, provisionally, be suspended from their function by the Minister of the Interior, until the final jurisdictional decision. The central administration has the right to exercise administrative supervision over local administrations within the framework of the principles and methods defined by law, with a view to ensuring the performance of local services in accordance with the principle of unity of administration , cohesion within public services and safeguarding the general interest and ensuring that local needs are met in an appropriate manner. The creation by local administrations, with the authorization of the Council of Ministers, of groups intended to organize specific public services, the functions and powers of these groups, their financial and police affairs, as well as their links and relations with the central administration are regulated by law. Financial resources corresponding to their functions are allocated to these administrations.

D. Provisions relating to public officials

1. General principles

ARTICLE 128: The essential, permanent and lasting functions required by the public services which the State, public economic enterprises and other public legal persons are required to provide in accordance with the general principles of administration are exercised by officials and other agents public. The law regulates the qualifications, appointment, functions and powers, rights and obligations and salaries and allowances of civil servants and other public officials, as well as other questions relating to their status. The law specifically determines the rules and procedures for training senior civil servants.

2. Functions and responsibilities, guaranteed in the context of disciplinary proceedings

ARTICLE 129: Civil servants and other public officials are required to exercise their activities while remaining faithful to the Constitution and the laws. Civil servants and other public officials, as well as members of the personnel of professional organizations having the character of public establishments and their unions, cannot be subject to any disciplinary sanction unless they have obtained the right to defend themselves . Disciplinary decisions cannot be removed from judicial review, with the exception of warning and reprimand. Provisions concerning members of the Armed Forces as well as judges and prosecutors are reserved. Actions for damages resulting from faults committed by officials or other public officials in the exercise of their functions can only be brought against the administration, according to the forms and conditions specified by law and subject to recourse action by the administration. The initiation of criminal proceedings against officials and other public officials accused of having committed an offense is subject to the authorization of the administrative body designated by law subject to the exceptions it provides.

E. Higher education establishments and institutions

1. Higher education establishments

ARTICLE 130: Universities are created by the State by virtue of a law with the aim of forming, within the framework of a system based on contemporary education and teaching principles, a qualified workforce meeting the needs of the nation and the country; to engage in educational and teaching duties at various levels beyond secondary education, scientific research and publications, and to provide advice and service to the country and to mankind ; they consist of various units, are endowed with public legal personality and enjoy scientific autonomy. Foundations may, by following the rules and procedures defined by law, establish higher education establishments, which will be subject to state surveillance and control, provided that they are not for profit. The law ensures a balanced distribution of universities across the country. Universities as well as members and associate members of the teaching staff can freely carry out all kinds of scientific research and publications. However, this power does not confer the freedom to engage in activities which run counter to the existence and independence of the State or the unity and indivisibility of the nation and the territory. The universities and the units which depend on them are placed under the supervision and control of the State, which is responsible for ensuring security there. The rectors are appointed and appointed by the President of the Republic and the deans by the Council for Higher Education, in accordance with the rules and procedures determined by law. The administrative and supervisory bodies of universities and the members of their teaching staff may not be dismissed from their duties in any way whatsoever by bodies other than the Council for Higher Education or the competent bodies of universities. The budgets drawn up by the universities are, after examination and approval by the Council for Higher Education, submitted to the Ministry of National Education, then implemented and controlled in accordance with the rules relating to the general budget and the annexed budgets, subject to completion of the related formalities. the staff regulations, the conditions which teaching staff must comply with and their assignment with regard to inter-university needs, the conduct of educational activities in complete freedom and security and in accordance with the requirements of contemporary science and technology, as well as the use of financial resources provided by the State to universities and to the Council for Higher Education. Higher education establishments created by foundations are subject to the provisions of the Constitution relating to higher education establishments created by the State with regard to the maintenance of order, the recruitment of their teaching staff, and their activities academic, at

2. Higher institutions of higher education

ARTICLE 131: The Council for Higher Education is established with the aim of planning, organizing, directing and controlling the education provided by higher education establishments, guiding their educational, teaching and scientific research activities, to ensure that these establishments are created and develop in accordance with the objectives and principles established by law, and that the universities use the resources allocated to them in an efficient manner, and to plan the training of teaching staff. The Higher Education Council is made up of members appointed by the President of the Republic, preferably from professors who have distinguished themselves in their functions as rector or member of the teaching staff, upon presentation by the Council for Higher Education, universities, the Council of Ministers, candidates whose number, qualifications and selection procedures are determined by law, as well as members appointed directly by the President of the Republic . The organization, functions, powers, responsibility and working rules of the Council are regulated by law.

3. Higher education establishments subject to special provisions

ARTICLE 132: The higher education establishments attached to the Turkish Armed Forces and to the security administration are subject to the provisions of the specific laws which govern them.

F. Radio and television establishments and news agencies dealing with the public sector

ARTICLE 133 (modified by law n ° 3913 of 8.7.1993): The creation and the exploitation of radio and television stations are free within the framework of the conditions fixed by law. The only institute of radio and television created by the State and endowed with the public legal personality as well as the information agencies which are subsidized by public legal persons are autonomous and conform to the principle of impartiality of information. .

G. Atatürk Higher Institute of Culture, Language and History

ARTICLE 134: Created under the spiritual patronage of Atatürk, “the Atatürk Higher Institute of Culture, Language and History”, bringing together the Atatürk Research Center, the Turkish Language Society, the Turkish History Society and the Atatürk Cultural Center, aims to carry out research, by scientific methods, on the thought, principles and reforms of Atatürk, and in the fields of Turkish culture, history and language, publicize them, propagate them and publish publications on them; he has public legal personality, and is attached to the presidency of the Council under the vigilance and support of the President of the Republic. The financial benefits provided by the will of Atatürk for the benefit of the Turkish Language Society and the Turkish History Society are preserved and continue to be allocated to them. The law regulates the creation, the organs, the operating rules and the status of the staff of the Atatürk Higher Institute of Culture, Language and History as well as their powers with regard to the bodies which depend on them.

H, Professional organizations having the character of public establishments

People occupying permanent and lasting positions in public bodies and establishments or public economic enterprises cannot be forced to join professional organizations. These professional organizations cannot engage in activities unrelated to the purposes for which they were created. Political parties cannot present candidates for election to the bodies of these professional organizations and their unions. The law fixes the rules relating to the administrative and financial control exerted by the State on these professional organizations. It is terminated, by virtue of a judicial decision and at the request of the body determined by law or of the public prosecutor, to the functions of the bodies responsible for professional organizations which engage in activities unrelated to their aims, and new elections are held to replace them. However, in cases where a delay would be detrimental to national security, public order, the prevention of the commission or prosecution of an offense or an arrest, an authority may be empowered by law to prohibit professional organizations or their unions to continue their activities. The authority’s decision is submitted to the competent judge within twenty-four hours. The judge must rule within forty-eight hours, failing which the administrative decision becomes null and void. in cases where a delay would be detrimental to national security, public order, the prevention of the commission or prosecution of an offense or an arrest, an authority may be empowered by law to prohibit organizations professional or their unions the continuation of their activities. The authority’s decision is submitted to the competent judge within twenty-four hours. The judge must rule within forty-eight hours, failing which the administrative decision becomes null and void. in cases where a delay would be detrimental to national security, public order, the prevention of the commission or prosecution of an offense or an arrest, an authority may be empowered by law to prohibit organizations professional or their unions the continuation of their activities. The authority’s decision is submitted to the competent judge within twenty-four hours. The judge must rule within forty-eight hours, failing which the administrative decision becomes null and void. The authority’s decision is submitted to the competent judge within twenty-four hours. The judge must rule within forty-eight hours, failing which the administrative decision becomes null and void. The authority’s decision is submitted to the competent judge within twenty-four hours. The judge must rule within forty-eight hours, failing which the administrative decision becomes null and void.

I. Presidency of religious affairs

ARTICLE 136: The Presidency of Religious Affairs, which is part of the general administration, fulfills, in accordance with the principle of secularism, by staying away from all political opinions and ideas, and by setting itself the goal of achieving solidarity and the national union, the functions entrusted to it under the specific law which governs it.

J. Illegal order

ARTICLE 137: Any person employed in a public service, in any capacity and in any form whatsoever, must refuse to carry out the order received from a superior if they consider it to be contrary to the provisions of the regulations of public administration, regulations, laws or the Constitution, and notify the person whose order emanates from this contradiction. However, if the superior insists that the said order be executed and reiterates it in writing, he must be executed; in this case, the responsibility of the person who executes it cannot be questioned. The order whose object constitutes an offense cannot in any way be executed; whoever executes it cannot be relieved of his responsibility. The exceptions provided by law to ensure the accomplishment of military tasks and,

Chapter three: The judiciary
I. General provisions

A. Independence of the courts

ARTICLE 138: Judges are independent in the exercise of their functions; they rule in accordance with the Constitution, the law and the law and according to their personal conviction. No body, authority, authority or individual may give orders or directives to courts or judges, send them circulars, or make recommendations or suggestions to them concerning the exercise of their jurisdictional power. No questions, debates or statements of any kind may be made to the Legislative Assembly in relation to the exercise of judicial power in an ongoing trial. The legislative and executive bodies as well as the administration are required to comply with the decisions of the courts;

B. Guarantee enjoyed by judges and prosecutors

ARTICLE 139: Judges and prosecutors are irrevocable and cannot, without their consent, be retired before the age fixed by the Constitution; they cannot be deprived of their salaries, allowances and other rights related to their status, even because of the abolition of a court or a post. The exceptions provided for by law with regard to those who have been convicted of an offense involving expulsion from the profession, those who are formally established to be unable to perform their duties for health reasons and those whose retention within the profession was deemed undesirable, are reserved.

C. The profession of judge and prosecutor

ARTICLE 140: Judges and prosecutors exercise their functions within judicial and administrative jurisdictions. These functions are performed by career magistrates. Judges exercise their functions in accordance with the guarantee they enjoy and the principle of the independence of the courts. The law regulates, in accordance with this principle and this guarantee, the qualifications of judges and prosecutors, their appointment, their rights and duties, their salaries and allowances, their advancement, their transfer, temporarily or permanently, as to the place or the function, their training within the profession and other questions relating to their status, and determines under what conditions they may be subject to prosecution and disciplinary sanctions; investigations and charges due to offenses relating to their functions or committed in the exercise thereof; and excluded from the profession because of their guilt or incompetence. Judges and prosecutors exercise their functions until the age of sixty-five; the age limit as well as the conditions of promotion and retirement of military judges are regulated by law. Judges and prosecutors cannot assume any function, official or private, other than those provided for by law. Judges and prosecutors report to the Ministry of Justice with regard to their administrative functions. Judges and prosecutors charged with administrative functions in justice services are subject to the provisions relating to judges and prosecutors.

D. Publicity of hearings and reasons for judgments

ARTICLE 141: The hearings are public. You can only decide to hold all or part of a hearing in camera only in cases where good morals or public safety so require. Special provisions are laid down by law with regard to the trial of minors. All decisions rendered by the courts are written and reasoned. It is the responsibility of the judicial authorities to settle trials at the lowest possible cost and as soon as possible.

E. Establishment of the courts

ARTICLE 142: The creation of the courts, their powers and attributions and their functioning, as well as the procedures applicable before the courts, are regulated by law.

F. State security courts

ARTICLE 143: Canceled

G. Supervision of judges and prosecutors

ARTICLE 144: Justice inspectors, with the authorization of the Ministry of Justice, check whether judges and prosecutors exercise their functions in accordance with laws, public administration regulations, regulations and circulars (circulars of an administrative nature in the case judges), investigate whether they commit offenses as a result of or in the exercise of their functions and whether their acts and behavior are compatible with the requirements of their title and functions and, if necessary, open against them investigations. The Ministry of Justice can entrust investigative and investigative operations to a judge or a prosecutor with more seniority than the subject.

H. Military jurisdiction

ARTICLE 145: Military jurisdiction is ensured by military courts and military disciplinary courts. These courts are responsible for examining trials relating to offenses committed by members of the military who are military offenses or which are committed either against members of the military, on military premises, or in the course of military service and missions. relate to it. The military courts are also responsible for hearing offenses committed by civilians which are military offenses laid down by a specific law or which have been committed against soldiers, either during the performance of functions determined by law, or in premises military personnel also determined by law. The law determines the jurisdiction in time of war or state of siege of the military courts as regards offenses and persons; it regulates their creation and the possible secondment of judges and civil prosecutors to these courts during these periods. The law regulates, having regard to the needs of the military function, the creation and functioning of the organs of military jurisdiction, questions of status of military judges, relations of military judges assuming the functions of military prosecutor with the command on which the the court in which they exercise them, the independence of the courts and the guarantee enjoyed by judges. The law also determines the relations of military judges with the military command on which they depend having regard to the needs of the military function,

He. Higher courts

A. Constitutional Court

1. Constitution

ARTICLE 146: The Constitutional Court is composed of eleven titular members and four substitute members. These are appointed by the President of the Republic from among candidates elected, between their presidents and members, by an absolute majority of the total number of their members, in triple the number of posts to be filled, by the General Assemblies of the Court. of cassation with regard to two titular members and two substitute members, of the Council of State with regard to two titular members and one substitute member and of the Military Court of Cassation, of the Superior Military Administrative Tribunal and of the Court of Auditors each in the case of a full member; among three candidates appointed by the Council for Higher Education between members of the teaching staff of educational establishments higher education not included in the Council with regard to a full member; and from among senior officials or lawyers in respect of the remaining three full members and the alternate member. Senior civil servants and lawyers who have reached the age of forty and who have either completed higher education or completed fifteen years of service in educational establishments, or actually worked in the public service for fifteen years, or still practiced for fifteen years the profession of lawyer. The Constitutional Court elects from among its titular members, by secret ballot and by an absolute majority of the number of its members, a president and a vice-president, for a period of four years. They are re-eligible. Members of the Constitutional Court cannot exercise any other public or private function.

2. Loss of membership

ARTICLE 147: Members of the Constitutional Court retire at the age of sixty-five. The members of the Constitutional Court are automatically dismissed from their functions in the event of conviction for an offense involving the expulsion of the profession of judge; their functions can also end by virtue of a decision taken by the Constitutional Court by an absolute majority of the total number of its members when it is formally established that they are unable to fulfill these for health reasons .

3. Powers and powers

ARTICLE 148: The Constitutional Court controls the conformity with the Constitution, as to the form and as to the substance, of the laws, decrees-Iois and of the Rules of Procedure of the Grand National Assembly of Turkey. With regard to constitutional amendments, its examination and control relate exclusively to form. However, decrees-Iois enacted during a state of emergency, state of siege or war cannot be the subject of an appeal for unconstitutionality before the Constitutional Court, neither as to form, nor as to the substance. The control of the constitutionality of the laws as to the form is limited to the verification of the existence of the majority required during their final vote; with regard to constitutional amendments, the control relates only to the respect of the majorities necessary for their proposal and their adoption and of the condition according to which they cannot be deliberated according to the emergency procedure. Control as to form can be requested by the President of the Republic or by one fifth of the members of the Grand National Assembly of Turkey. The action to annul a law for defect of form cannot be brought more than ten days after the date of its publication; nullity for defect of form cannot be invoked either by way of exception of unconstitutionality. The Constitutional Court judges, in the capacity of High Court, the President of the Republic, the members of the Council of Ministers, the president, the members and the procurators general of the Constitutional Court, of the Court of Cassation, the Council of State, the Military Court of Cassation and the Higher Military Administrative Court, the Deputy Prosecutor General of the Republic and the President and members of the Higher Council of Judges and Prosecutors and the Court of Auditors, for offenses relating to their functions. The functions of prosecutor at the High Court are exercised by the Attorney General of the Republic or by the Deputy Attorney General of the Republic. The judgments of the High Court are final. The Constitutional Court also exercises the other functions assigned to it under the Constitution. the Deputy Attorney General of the Republic and the President and members of the Superior Council of Judges and Prosecutors and the Court of Auditors, for offenses relating to their functions. The functions of prosecutor at the High Court are exercised by the Attorney General of the Republic or by the Deputy Attorney General of the Republic. The judgments of the High Court are final. The Constitutional Court also exercises the other functions assigned to it under the Constitution. the Deputy Attorney General of the Republic and the President and members of the Superior Council of Judges and Prosecutors and the Court of Auditors, for offenses relating to their functions. The functions of prosecutor at the High Court are exercised by the Attorney General of the Republic or by the Deputy Attorney General of the Republic. The judgments of the High Court are final. The Constitutional Court also exercises the other functions assigned to it under the Constitution.

4. Method of work and procedure

ARTICLE 149 (modified by laws n ° 4121 of 23.7.1995 and n ° 4709 of 3.10.2001): The Constitutional Court meets when its president and ten of its members are present and gives its decisions by an absolute majority. The cancellation of constitutional amendments and the dissolution of a political party by judicial means can only be decided by a three-fifths majority. The Constitutional Court examines actions for annulment for defect of form and rules on these appeals as a priority. The organization of the Constitutional Court and the procedural rules applicable before it are determined by law; the rules relating to its work and the distribution of tasks between its members are determined by the Internal Regulations of which it is the author. Apart from cases where it is seized as a High Court, the Constitutional Court deals with cases on file. However, in cases where it deems it necessary, it may summon the persons concerned or those who know the question to hear their oral explanations and, as regards requests for dissolution or final dissolution of political parties, after Having heard the Attorney General of the Republic before the Court of Cassation, she listens to the defense presented by the president of the political party whose dissolution is requested or by the representative designated by him.

5. Actions for annulment

ARTICLE 150: Have the right to bring directly before the Constitutional Court an action for annulment for unconstitutionality as to the form or as to the substance of the laws, decrees-Iois and Rules of procedure of the Grand National Assembly of Turkey, or certain of their articles or provisions, the President of the Republic, the parliamentary groups of the ruling party and the main opposition party, and one fifth in the month of the total number of members of the Grand National Assembly of Turkey. In the case where several political parties are in power, the right of appeal available to the parties in power is exercised by the one with the largest number of deputies.

6. Time limit for appeals

ARTICLE 151: The right to directly bring an action for annulment before the Constitutional Court expires at the expiration of a period of sixty days from the publication in the Official Journal of the law, of the Ioi decree or of the Regulations interior whose cancellation is requested.

7. Exception of unconstitutionality before other courts

ARTICLE 152: If a court considers in the context of a trial that the provisions of the law or decree-law to be applied are contrary to the Constitution or that the exception of unconstitutionality invoked by one of the parties is serious, he stayed the decision until the Constitutional Court pronounced on it. If the court does not find the objection of serious unconstitutionality, the appeal body decides on its admissibility at the same time as on the merits. The Constitutional Court rules and makes its judgment public within five months of the date on which it is seized of the case. If the judgment has not been rendered within the said period, the court shall decide the case in accordance with the provisions of the law in force. However, if the judgment of the Constitutional Court reaches him before the judgment on the merits of the trial has become final, the court is required to comply with it. When the Constitutional Court has rejected the objection of unconstitutionality as to the substance of a legal provision, this exception cannot be invoked again with regard to the same provision before the expiration of a period of ten years from publication of the rejection decision in the Official Journal.

8. Judgments of the Constitutional Court

ARTICLE 153: The decisions of the Constitutional Court are final. Cancellation orders cannot be made public until their reasons have been drawn up. When it annuls a law or a decree-law or one of their provisions, the Constitutional Court cannot replace the legislator by establishing a provision likely to involve a new application. The law, decree-Ioi or the Rules of Procedure of the Grand National Assembly of Turkey or that of their provisions which has been canceled ceases to be in force on the date of publication of the cancellation judgment in the Official Journal. If necessary, the Constitutional Court can also fix the date of entry into force of the annulment decision. This date may not exceed one year from the date of publication of the judgment in the Official Journal. In the event that the entry into force of the cancellation decision is postponed, the Grand National Assembly of Turkey deliberates and decides in priority on the projects or legislative proposals aiming to fill the legal vacuum caused by the judgment of cancellation. Cancellation stops are not retroactive. The decisions of the Constitutional Court are immediately published in the Official Journal and are binding on the legislative, executive and judicial bodies, as well as the administrative authorities and natural and legal persons. the Grand National Assembly of Turkey deliberates and decides in priority on the projects or proposals of laws aiming to fill the legal vacuum caused by the judgment of cancellation. Cancellation stops are not retroactive. The decisions of the Constitutional Court are immediately published in the Official Journal and are binding on the legislative, executive and judicial bodies, as well as the administrative authorities and natural and legal persons. the Grand National Assembly of Turkey deliberates and decides in priority on the projects or proposals of laws aiming to fill the legal vacuum caused by the judgment of cancellation. Cancellation stops are not retroactive. The decisions of the Constitutional Court are immediately published in the Official Journal and are binding on the legislative, executive and judicial bodies, as well as the administrative authorities and natural and legal persons.

B. Court of Cassation

ARTICLE 154: The Court of Cassation is the body of final review of decisions and judgments rendered by the courts and for which the law has not indicated any other judicial body for appeal. It also rules first and as a last resort on certain trials indicated by law. The members of the Court of Cassation are elected by the Superior Council of Judges and Prosecutors, by secret ballot and by an absolute majority of the total number of its members, from among the judges and prosecutors of the first class of the Republic and the persons deemed belong to the same profession. The first president, the first vice-presidents and the section presidents of the Court of Cassation are elected by the General Assembly of the Court of Cassation from among its own members, by secret ballot and by an absolute majority of the total number of its members for a period of four years; they are re-eligible. The Attorney General of the Republic and the Deputy Attorney General of the Republic to the Court of Cassation are appointed by the President of the Republic for a period of four years upon presentation by the General Assembly of the Court, for each of these positions, five candidates elected by secret ballot from among its own members. They are re-eligible. The organization, operation, qualifications and procedure for appointing the president, vice-presidents, section presidents and members of the Court of Cassation as well as the Attorney General of the Republic and the Deputy Attorney General of the Republic by the Court of Cassation are regulated by law,

C. Council of State

ARTICLE 155: The Council of State is the body of final review of decisions and judgments rendered by administrative courts and for which the law has not indicated any other administrative judicial instance of appeal. It also rules first and as a last resort on certain trials indicated by law. The Council of State is responsible for hearing trials, issuing within two months its opinion on draft laws as well as on concessions relating to public services sent to it by the Prime Minister and the Council of Ministers, d ” examine the draft public administration regulations and specifications and concession contracts, resolve administrative disputes and perform the other tasks assigned to it by law. Three-quarters of the members of the Council of State are appointed by the Superior Council of Judges and Prosecutors from among judges and prosecutors of first-class administrative jurisdictions and persons supposed to belong to the same profession; the remaining quarter is appointed by the President of the Republic from among civil servants whose qualifications are determined by law. The President, the Attorney General, the Vice-Presidents and the Section Presidents of the Council of State are elected by the General Assembly of the Council of State from among its own members, by secret ballot and by an absolute majority of the total number of its members, for a period of four years. They are re-eligible. The organization, operation, qualifications and procedure for the appointment of the President, the Attorney General, the Vice-Presidents,

D. Military Court of Cassation

ARTICLE 156: The Military Court of Cassation is the body of final review of decisions and judgments rendered by the military courts. It also rules first and as a last resort on certain trials listed by law and concerning soldiers. The members of the Military Court of Cassation are appointed by the President of the Republic upon presentation by the General Assembly of the Military Court of Cassation, for each vacant post, of three candidates elected by secret ballot and by an absolute majority of total number of its members among first class military judges. The president, the attorney general, the vice-president and the section presidents of the Military Court of Cassation are appointed from among its members according to their rank and seniority. The

E. Higher Military Administrative Court

ARTlCLE 157: The Superior Military Administrative Court is the court responsible for the judicial control in first and last resort of disputes arising from administrative decisions and acts relating to both soldiers and the military function, even if they emanate from authorities non-military. However, when the dispute relates to the obligation of military service, it is not required that the person concerned have the status of military. Those of the members of the Superior Military Administrative Tribunal who have the quality of military judge are appointed by the President of the Republic, on presentation by the president and the members of the Tribunal having this quality for each of the posts to be filled by three candidates, elected by ballot. secret and by an absolute majority among first class military judges; the members who do not have the quality of judge are designated by the President of the Republic, on presentation by the presidency of the general staff for each of the positions in power of three candidates chosen among the officers having the ranks and qualities set by law. The maximum term of office of members who do not have the status of military judge is four years. The presidents, the Attorney General and the presidents of sections of the Tribunal are appointed from among the members who have the quality of judge respecting the order of rank and seniority. The organization and functioning of the Higher Military Administrative Tribunal, the procedural rules which apply there and the disciplinary and status issues of its members are regulated by law in accordance with the principle of

F. Dispute Tribunal

ARTICLE 158: The Dispute Tribunal is empowered to resolve definitively conflicts of attribution and jurisdiction that arise between judicial, administrative and military jurisdictions. The organization of the Dispute Tribunal, the qualifications and procedures for appointing its members, as well as its functioning, are regulated by law. The presidency of this Tribunal is held by the member of the Constitutional Court whom the latter instructs to fulfill this function. In the event of a conflict of attribution between the Constitutional Court and other courts, the decision of the Constitutional Court prevails.

III. Superior Council of Judges and Prosecutors

ARTICLE 159: The Superior Council of Judges and Prosecutors is created and exercises its functions in compliance with the principle of the independence of the courts and the guarantee enjoyed by judges. The members of the Council are appointed by the President of the Republic for a period of four years, on presentation of candidates elected from among their own members in triple the number of posts to be filled by the General Assemblies of the Court of Cassation with regard to three titular members and three substitute members, and of the Council of State with regard to two titular members and two substitute members. The members of the Board are eligible for re-election. The Council elects a vice-president from among its titular members who have been designated by virtue of an election. The Superior Council of Judges and Prosecutors carries out operations relating to the access of judges and prosecutors of the judicial and administrative jurisdictions to the profession, their appointment and transfer, their assignment to temporary functions, their advancement and their promotion to first class, to the distribution of posts, to decisions on the fate of those whose continued career is considered undesirable, to disciplinary sanctions and to the expulsion of magistrates. It rules on proposals from the Ministry of Justice for the abolition of courts or the posts of judges or prosecutors and the modification of the territorial jurisdiction of the courts. He also exercises the other functions assigned to him by the Constitution and the laws. Council decisions cannot be the subject of any appeal before judicial bodies. The law regulates the exercise by the Council of its functions, its methods of election and work as well as the rules for examining appeals within the Council. The Minister of Justice has the power to appoint judges and prosecutors to provisional or permanent functions in the central services of the Ministry of Justice subject to the consent of the parties concerned. The Minister of Justice may, in cases where a delay would be detrimental to the proper functioning of the services, confer temporary functions on magistrates, provided that he submits his decision to the approval of the Superior Council of Judges and Prosecutors at its most close meeting. no appeal to judicial bodies. The law regulates the exercise by the Council of its functions, its methods of election and work as well as the rules for examining appeals within the Council. The Minister of Justice has the power to appoint judges and prosecutors to provisional or permanent functions in the central services of the Ministry of Justice subject to the consent of the parties concerned. The Minister of Justice may, in cases where a delay would be detrimental to the proper functioning of the services, confer temporary functions on magistrates, provided that he submits his decision to the approval of the Superior Council of Judges and Prosecutors at its most close meeting. no appeal to judicial bodies. The law regulates the exercise by the Council of its functions, its methods of election and work as well as the rules for examining appeals within the Council. The Minister of Justice has the power to appoint judges and prosecutors to provisional or permanent functions in the central services of the Ministry of Justice subject to the consent of the parties concerned. The Minister of Justice may, in cases where a delay would be detrimental to the proper functioning of the services, confer temporary functions on magistrates, provided that he submits his decision to the approval of the Superior Council of Judges and Prosecutors at its most close meeting. election and work as well as the rules for examining appeals within the Council. The Minister of Justice has the power to appoint judges and prosecutors to provisional or permanent functions in the central services of the Ministry of Justice subject to the consent of the parties concerned. The Minister of Justice may, in cases where a delay would be detrimental to the proper functioning of the services, confer temporary functions on magistrates, provided that he submits his decision to the approval of the Superior Council of Judges and Prosecutors at its most close meeting. election and work as well as the rules for examining appeals within the Council. The Minister of Justice has the power to appoint judges and prosecutors to provisional or permanent functions in the central services of the Ministry of Justice subject to the consent of the parties concerned. The Minister of Justice may, in cases where a delay would be detrimental to the proper functioning of the services, confer temporary functions on magistrates, provided that he submits his decision to the approval of the Superior Council of Judges and Prosecutors at its most close meeting. The Minister of Justice has the power to appoint judges and prosecutors to provisional or permanent functions in the central services of the Ministry of Justice subject to the consent of the parties concerned. The Minister of Justice may, in cases where a delay would be detrimental to the proper functioning of the services, confer temporary functions on magistrates, provided that he submits his decision to the approval of the Superior Council of Judges and Prosecutors at its most close meeting. The Minister of Justice has the power to appoint judges and prosecutors to provisional or permanent functions in the central services of the Ministry of Justice subject to the consent of the parties concerned. The Minister of Justice may, in cases where a delay would be detrimental to the proper functioning of the services, confer temporary functions on magistrates, provided that he submits his decision to the approval of the Superior Council of Judges and Prosecutors at its most close meeting.

IV. Court of Audit

ARTICLE 160: The Court of Auditors is responsible for controlling, on behalf of the Grand National Assembly of Turkey, all income, expenditure and property of the administrations belonging to the general budget and the annexed budgets, to decide definitively on the regularity of the accounts and operations responsible and exercise the powers of examination, control and decision which are assigned to it by law. The final judgments of the Court of Auditors may be subject to a review by the interested parties; the right of appeal is unique and must be exercised within fifteen days of the date of written notification of the judgment. The decisions of the Court of Auditors are not subject to appeal before the administrative court. In the event of a conflict between a judgment of the Council of State and a judgment of the Court of Auditors relating to tax or similar financial obligations and charges, the judgment of the Council of State prevails. The creation and functioning of the Court of Auditors, the control procedures applicable to it, the qualifications, the appointment, the duties and powers, the rights and responsibilities and other questions of status of its members as well as the guarantee enjoyed by them its chairman and members are regulated by law.

Part four: Financial and economic provisions
Chapter 1: Financial provisions
I. Budget

A. Budget preparation and execution

ARTICLE 161: The expenses of the State and of public legal entities other than public economic enterprises are made under annual budgets. The law fixes the beginning of the fiscal year as well as the methods of preparation and execution of the general budget and annexed budgets. The law may provide for specific deadlines and procedures with regard to investments relating to development plans and works and services whose execution must last more than one year. The finance law may not contain any provision other than those relating to the budget.

B. Deliberation of the budget

ARTICLE 162: The Council of Ministers submits to the Grand National Assembly of Turkey, at the latest seventy-five days before the start of the fiscal year, a report containing the draft general budget and annexed budgets as well as the estimate of the national recipes. The draft budgets and the report are examined by the Budget Committee. This committee, which is made up of forty members, is established by ensuring that parliamentary groups of political parties and the independents are represented in proportion to their importance, but by allocating at least twenty-five seats to the parliamentary groups of the ruling party. or all of the ruling parties. The text adopted by the Budget Committee within fifty-five days is submitted to the Grand National Assembly of Turkey, which deliberates and decides on this text before the start of the fiscal year. During the plenary debate on the budgets of ministries and administrations and related budgets, the members of the Grand National Assembly of Turkey express their views during the discussion of each budget as a whole; the budget chapters and proposed amendments are read and put to the vote without being the subject of a new debate. The members of the Grand National Assembly of Turkey cannot, during the debate in plenary assembly relating to the finance bills, any proposal likely to increase the expenses or to decrease the receipts. During the plenary debate on the budgets of ministries and administrations and related budgets, the members of the Grand National Assembly of Turkey express their views during the discussion of each budget as a whole; the budget chapters and proposed amendments are read and put to the vote without being the subject of a new debate. The members of the Grand National Assembly of Turkey cannot, during the debate in plenary assembly relating to the finance bills, any proposal likely to increase the expenses or to decrease the receipts. During the plenary debate on the budgets of ministries and administrations and related budgets, the members of the Grand National Assembly of Turkey express their views during the discussion of each budget as a whole; the budget chapters and proposed amendments are read and put to the vote without being the subject of a new debate. The members of the Grand National Assembly of Turkey cannot, during the debate in plenary assembly relating to the finance bills, any proposal likely to increase the expenses or to decrease the receipts. amendments are read and voted on without further debate. The members of the Grand National Assembly of Turkey cannot, during the debate in plenary assembly relating to the finance bills, any proposal likely to increase the expenses or to decrease the receipts. amendments are read and voted on without further debate. The members of the Grand National Assembly of Turkey cannot, during the debate in plenary assembly relating to the finance bills, any proposal likely to increase the expenses or to decrease the receipts.

C. Rules relating to budget amendments

ARTICLE 163: The appropriations allocated under the general budget and annexed budgets indicate the limit of the amount of authorized expenditure. Budgets cannot contain any provision that this limit may be exceeded by virtue of a decision of the Council of Ministers. Nor can the Council of Ministers be authorized to make changes to the budget by means of decrees. Draft amendments providing for an increase in appropriations within the framework of the budget for the current year, as well as draft laws and proposals likely to entail a financial burden within the framework of the budgets for the current year and the following year, must contain the indication of financial resources in return for the expenses they foresee.

D. Settlement Law

ARTICLE 164: Bills finalizing the budget are submitted by the Council of Ministers to the Grand National Assembly of Turkey at the latest within seven months of the end of the fiscal year which concerns them, unless the law did not foresee a shorter deadline. The Court of Auditors submits its declaration of conformity to the Grand National Assembly of Turkey at the latest within seventy-five days following the tabling of the draft by-law to which it relates. The budget bill is included in the budget committee’s agenda at the same time as the budget bill for the new year. The Budget Committee submits these two projects at the same time to the plenary assembly and this deliberates and decides on the budget bill at the same time as on the finance bill of the new year. The submission to the Turkish Grand National Assembly of the draft by-law and the declaration of conformity does not prevent the Court of Auditors from continuing its audit and judgment operations and does not imply the existence of a decision on operations not closed on its date.

E. Control of public economic enterprises

ARTICLE 165: The law regulates the procedures for the control exercised by the Grand National Assembly of Turkey over public bodies and companies of which more than half of the capital is held directly or indirectly by the State.

Chapter two: Economic provisions
I. Planning

ARTICLE 166: The State has the duty to plan economic, social and cultural development, and in particular the rapid and harmonious development of industry and agriculture in a balanced manner at the national level, to inventory and to assess national resources with a view to planning their productive use, as well as to create the structures necessary for these purposes. The plan provides for measures likely to increase national savings and production, ensure price stability and balance of payments balance, and promote investment and employment; it ensures that investments are made according to public interest and needs and sets itself the objective of productive use of resources. Development projects are carried out in accordance with this plan. The law regulates the procedures and rules relating to the preparation of development plans, their approval by the Grand National Assembly of Turkey, their application and modification as well as the prevention of modifications going against the overall objectives.

He. Market control and foreign trade regulation

ARTICLE 167: The State takes measures capable of guaranteeing and promoting the proper functioning and regularity of the money, credit, capital, goods and services markets; it prevents the formation on these markets of monopolies and cartels in fact or resulting from an agreement. With a view to regulating foreign trade in accordance with national economic interests, the Council of Ministers may be empowered under the law to be established in matters of import, export and in relation to other transactions relating to trade external, financial charges additional to taxes and similar charges, and to eliminate said charges.

III. Prospecting and exploitation of wealth and natural resources

ARTICLE 168: Riches and natural resources are placed under the authority and left to the provisions of the State. The right to explore and exploit these riches belongs to the State. The State may assign this right to natural or legal persons for a specified period. The express authorization of the law is required so that the prospection and the exploitation of specific wealth and natural resources can be carried out either by the State in association with natural and legal persons, or directly by such persons. The law indicates the conditions to which natural and legal persons must comply in this case as well as the rules and methods of surveillance and control that will be exercised by the State and the applicable sanctions.

IV. Forests and peasants in forest regions

A. Preservation and development of forests

ARTICLE 169: The State adopts the laws and measures necessary to preserve forests and enlarge forest areas. Reforestation takes place in burned forest areas, where it is prohibited to engage in other forms of agriculture or stockbreeding. All forests are under state custody. Ownership of state forests is inalienable. The state manages and exploits state forests in accordance with the law. These forests cannot be subject to acquisitive prescription and cannot be subject to servitude, except in the public interest. No act or activity likely to cause damage to forests can be authorized. One cannot make political propaganda likely to destroy forests or decree general or specific amnesty exclusively targeting forest offenses. General and specific amnesty laws cannot include offenses committed for the purpose of burning or destroying a forest or reducing a forest area. . The limits of the forests cannot be moved back except for, on the one hand, the zones whose maintenance as forests is of no scientific, theoretical or practical interest, but of which it is on the contrary established that there has a definite interest in transforming them into agricultural areas as well as the land which, before 31 December 1981, has completely lost the character of forests from a scientific point of view, both from a theoretical and practical point of view, and of which it has been found that ‘there was interest in s’

B. Protection of peasants in forest regions

ARTICLE 170: In order to ensure the development of the standard of living of the inhabitants of the villages located in or near forests as well as the preservation of forests and the continuity of forest areas, the law regulates, by measures likely to promote cooperation between the State and the inhabitants of these villages for the surveillance and exploitation of the forests, the development of the areas which completely lost before December 31, 1981 the character of forests on the scientific level, so much of both theoretical and practical; the procedures for determining areas whose maintenance as forests is of no scientific, theoretical or practical interest, and for excluding them from forest areas; and the contribution of State for the revitalization of the areas in question in order to allow the total or partial installation of the population of the villages located inside the forests in these areas and their availability to this population. The State takes the measures likely to facilitate the obtaining by the peasants of the forest regions of the instruments, equipment and other objects necessary for the exploitation. The land belonging to displaced residents of villages inside the forests is immediately reforested as state forests. obtaining by farmers in forest regions of the instruments, equipment and other objects necessary for exploitation. The land belonging to displaced residents of villages inside the forests is immediately reforested as state forests. obtaining by farmers in forest regions of the instruments, equipment and other objects necessary for exploitation. The land belonging to displaced residents of villages inside the forests is immediately reforested as state forests.

V. Promotion of the cooperative movement

ARTICLE 171 (modified by law n ° 4121 of July 23, 1995): The State takes the measures likely to ensure, in the interest of the national economy, the development of the cooperative movement, and in priority of cooperatives having the objectives are to increase production and protect consumers.

VI. Protection of consumers and traders and artisans

A. Consumer protection

ARTICLE 172: The State takes measures capable of protecting and informing consumers and encourages initiatives taken by consumers in order to ensure their protection.

B. Protection of traders and artisans

ARTICLE 173: The State takes measures capable of protecting and helping traders and artisans.

Part five: Miscellaneous provisions
I. Safeguarding reform laws

ARTICLE 174: No provision of the Constitution can be understood or interpreted as implying the unconstitutionality of the provisions in force, on the date of the adoption of the Constitution by referendum, of the reform laws listed below and whose purpose is to raise the Turkish people above the level of contemporary civilization and to safeguard the secular character of the Republic of Turkey: 1) Law No. 430 of March 3, 1340 (1924) on the unification of education; 2) Law No. 671 of November 25, 1341 (1925) on the wearing of hats; 3) Law No. 677 of November 30, 1341 (1925) on the closure of dervish convents and mausoleums and the abolition and prohibition of the functions of guardian of mausoleum and certain titles; 4) the provision of Law No. 734 of February 17, 1926, laying down the Turkish Civil Code, establishing the rule of civil marriage, according to which the act of marriage is celebrated before the registrar, as well as the provision of article 110 of the same Code; 5) Law No. 1288 of May 20, 1928 on the adoption of international figures; 6) Law No. 1353 of November 1, 1928 on the adoption and entry into force of the Turkish alphabet; 7) Law No. 2590 of November 26, 1934, on the abolition of titles and appellations such as efendi, bey and pasha; 8) Law No. 2596 of December 3, 1934 on the prohibition on wearing certain clothes. adoption of international figures; 6) Law No. 1353 of November 1, 1928 on the adoption and entry into force of the Turkish alphabet; 7) Law No. 2590 of November 26, 1934, on the abolition of titles and appellations such as efendi, bey and pasha; 8) Law No. 2596 of December 3, 1934 on the prohibition on wearing certain clothes. adoption of international figures; 6) Law No. 1353 of November 1, 1928 on the adoption and entry into force of the Turkish alphabet; 7) Law No. 2590 of November 26, 1934, on the abolition of titles and appellations such as efendi, bey and pasha; 8) Law No. 2596 of December 3, 1934 on the prohibition on wearing certain clothes.

Chapter Six: Transitional Provisions
FIRST TRANSITIONAL ARTICLE: The President of the National Security Council and Head of State on the date of the referendum acquires, at the time of the official proclamation of the adoption of the Constitution as the Constitution of the Republic of Turkey following the referendum, the quality of President of the Republic and exercises for a period of seven years the powers and powers conferred by the Constitution on the President of the Republic. The oath he took as Head of State on September 18, 1980 remains in effect. At the end of this seven-year period, presidential elections are organized in accordance with the provisions of the Constitution. The President of the Republic also exercises the functions of president of the National Security Council created under Law No. 2356 of December 12, 1980, until the date on which the Presidential Office of the Grand National Assembly of Turkey will be established after the first general elections. In case of vacancy of the Presidency of the Republic for any reason, before the entry into office of the Grand National Assembly of Turkey after the first general elections, the member of the National Security Council with the most seniority ensures the interim of the Presidency of the Republic and exercises, until the Grand National Assembly of Turkey meets and elects a new President of the Republic in accordance with the Constitution, all the powers and powers conferred by it on the President of the Republic. on the date on which the Presidential Office of the Grand National Assembly of Turkey will be established after the first general elections. In case of vacancy of the Presidency of the Republic for any reason, before the entry into office of the Grand National Assembly of Turkey after the first general elections, the member of the National Security Council with the most seniority ensures the interim of the Presidency of the Republic and exercises, until the Grand National Assembly of Turkey meets and elects a new President of the Republic in accordance with the Constitution, all the powers and powers conferred by it on the President of the Republic. on the date on which the Presidential Office of the Grand National Assembly of Turkey will be established after the first general elections. In case of vacancy of the Presidency of the Republic for any reason, before the entry into office of the Grand National Assembly of Turkey after the first general elections, the member of the National Security Council with the most seniority ensures the interim of the Presidency of the Republic and exercises, until the Grand National Assembly of Turkey meets and elects a new President of the Republic in accordance with the Constitution, all the powers and powers conferred by it on the President of the Republic.

TRANSITIONAL ARTICLE 2: The National Security Council created by Law No. 2356 of December 12, 1980 continues to exercise its functions in accordance with Laws No. 2324 relating to the constitutional order and No. 2485 on the Constituent Assembly, until the date on which the Presidential Office of the Grand National Assembly of Turkey will be established after the first general elections organized under the Law on Political Parties and the Election Law which will be drawn up in accordance with the Constitution. The provision of article 3 of Law No. 2356 on the replacement procedure applicable in the event that one of the seats on the National Security Council becomes vacant for any reason will no longer be applicable after the adoption of the Constitution . After’ When the Grand National Assembly of Turkey takes office, the National Security Council becomes the Council of the Presidency of the Republic for a period of six years and its members acquire the status of member of the Council of the Presidency of the Republic. The oath they took as a member of the National Security Council on September 18, 1980 remains in effect. The members of the Council of the Presidency of the Republic enjoy immunity as well as the statutory rights provided for by the Constitution for the members of the Grand National Assembly of Turkey. The Council of the Presidency of the Republic will cease to have a legal existence at the expiration of this period of six years. The functions of the Council of the Presidency of the Republic are as follows: the National Security Council is transformed into the Council of the Presidency of the Republic for a period of six years and its members acquire the quality of member of the Council of the Presidency of the Republic. The oath they took as a member of the National Security Council on September 18, 1980 remains in effect. The members of the Council of the Presidency of the Republic enjoy immunity as well as the statutory rights provided for by the Constitution for the members of the Grand National Assembly of Turkey. The Council of the Presidency of the Republic will cease to have a legal existence at the expiration of this period of six years. The functions of the Council of the Presidency of the Republic are as follows: the National Security Council is transformed into the Council of the Presidency of the Republic for a period of six years and its members acquire the quality of member of the Council of the Presidency of the Republic. The oath they took as a member of the National Security Council on September 18, 1980 remains in effect. The members of the Council of the Presidency of the Republic enjoy immunity as well as the statutory rights provided for by the Constitution for the members of the Grand National Assembly of Turkey. The Council of the Presidency of the Republic will cease to have a legal existence at the expiration of this period of six years. The functions of the Council of the Presidency of the Republic are as follows: The members of the Council of the Presidency of the Republic enjoy immunity as well as the statutory rights provided for by the Constitution for the members of the Grand National Assembly of Turkey. The Council of the Presidency of the Republic will cease to have a legal existence at the expiration of this period of six years. The functions of the Council of the Presidency of the Republic are as follows: The members of the Council of the Presidency of the Republic enjoy immunity as well as the statutory rights provided for by the Constitution for the members of the Grand National Assembly of Turkey. The Council of the Presidency of the Republic will cease to have a legal existence at the expiration of this period of six years. The functions of the Council of the Presidency of the Republic are as follows:

a) Examine, within the first ten days of the fifteen-day period granted to the President of the Republic, the laws adopted by the Grand National Assembly of Turkey and transmitted to the President of the Republic which relate to fundamental rights and freedoms and the duties set out by the Constitution, the principle of secularism, the safeguarding of Atatürk’s reforms, national security and public order, the Turkish Radio and Television Office, international treaties, the dispatch of armed forces to abroad and the reception of foreign forces in Turkey as well as the state of emergency, the state of siege and war and the other laws that the President of the Republic considers necessary to submit to him. b) Examine, at the request of the President of the Republic, matters relating to the renewal of general elections, the use of the state of emergency and related measures, the administration and supervision of the Turkish Radio and Television Office, the education of youth and the organization of religious affairs, and express its opinion on them within the time limit set by the President of the Republic. c) Undertake, at the request of the President of the Republic, studies and research on the internal and external security of the State as well as on the other subjects which he considers necessary to submit to him and communicate the results to him. Turkish Radio and Television Office for Youth Education and the Organization of Religious Affairs, and express its opinion on them within the time limit set by the President of the Republic. c) Undertake, at the request of the President of the Republic, studies and research on the internal and external security of the State as well as on the other subjects which he considers necessary to submit to him and communicate the results to him. Turkish Radio and Television Office for Youth Education and the Organization of Religious Affairs, and express its opinion on them within the time limit set by the President of the Republic. c) Undertake, at the request of the President of the Republic, studies and research on the internal and external security of the State as well as on the other subjects which he considers necessary to submit to him and communicate the results to him.

TRANSITIONAL ARTICLE 3: On the date on which the Presidential Office of the Grand National Assembly of Turkey will be established after the first general elections organized under the Constitution, a) Law No. 2324 of October 27, 1980 on the constitutional order , b) Law No. 2356 of December 12, 1980 on the National Security Council and c) Law No. 2485 of June 29, 1981 on the Constituent Assembly cease to be in force, and the National Security Council and l The Consultative Assembly ceases to have a legal existence.

TRANSITIONAL ARTICLE 4 (repealed by Law No. 3361 of 17.5.1987)

TRANSITIONAL ARTICLE 5: The Grand National Assembly of Turkey meets as of right in Ankara in the premises of the Grand National Assembly of Turkey on the tenth day following the proclamation by the Higher Electoral Council of the results of the first general elections, at 3 p.m. The oldest deputy chairs this meeting, during which the deputies take the oath.

TRANSITIONAL ARTICLE 6: Until the Grand National Assembly of Turkey constituted under the Constitution has drawn up its own Rules of Procedure governing its meetings and its work, it will apply the provisions not contrary to the Constitution of the Rules of Procedure of the Assembly which was in force before September 12, 1980.

TRANSITIONAL ARTICLE 7: The Council of Ministers in place continues to exercise its functions until a new Council of Ministers is formed following the meeting of the Grand National Assembly of Turkey following the first general elections.

TRANSITIONAL ARTICLE 8: The laws relating to the creation of new organs, institutions and councils established by the Constitution and to their powers, attributions and operating rules, as well as the other laws whose Constitution provides for the adoption or modification must be adopted during the period in which the Constituent Assembly exercises its functions after the adoption of the Constitution and, as far as those which cannot be within this period, in the year following the first meeting of the Grand National Assembly of Turkey after the elections.

TRANSITIONAL ARTICLE 9: The constitutional amendments which will be adopted by the Grand National Assembly of Turkey during the six years following the constitution of the Presidential Office of the Grand National Assembly of Turkey assembled after the first general elections may be returned to it by the President of the Republic. In such a case, a majority of three quarters of the total number of seats will be necessary for the Grand National Assembly of Turkey to be able to maintain the law amending the constitutional amendment and return it to the President of the Republic in its initial version.

TRANSITIONAL ARTICLE 10: Local government elections will be held no later than one year after the first meeting of the Grand National Assembly of Turkey.

TRANSITIONAL ARTICLE 11: Titular and alternate members of the Constitutional Court retain the status and functions they had on the date the Constitution was approved by referendum. Those of them who were elected to positions determined by the Constitutional Court keep the titles they have thus obtained. The Constitutional Court cannot proceed to the election of any titular member as a result of vacancy of seat until the number of titular members is not reduced to eleven, and it is the same with respect to the substitute members as long as the total number of full and alternate members will not be reduced to fifteen. The rules and the order fixed by this Constitution will apply to the elections which should be organized before the realization of the adaptation to the new regulations following the reduction to less than eleven of the number of full members or less than fifteen of the number of full and alternate members of the Constitutional Court. The quorum provided for by Law No. 44 of April 22, 1962 will continue to apply with regard to trials and other activities of the Constitutional Court until the number of its full members is reduced to eleven.

TRANSITIONAL ARTICLE 12: Will retain their functions until the expiration of the mandate conferred on them by the Head of State: the full and alternate members of the Superior Council of Judges and Prosecutors who have been appointed to these functions from among the members of the Court of Cassation and the Council of State under the first transitional article of Law No. 2461 of May 13, 1981 establishing this Council; the Attorney General of the Republic and the Deputy Attorney General of the Republic who have been appointed to these functions under the transitional article added to Law No. 1730 on the Court of Cassation by Law No. 2483 of June 25, 1981 ; and the President, the Attorney General, the Vice-Presidents and the Section Presidents of the Council State which were designated to these functions under the second paragraph of the transitional article n ° 14 of the Law n ° 2575 of January 6, 1982 on the Council of State. The provisions of the transitional articles of Law No. 2576 of January 6, 1982 relating to the appointment of presidents and members of administrative tribunals are also reserved.

TRANSITIONAL ARTICLE 13: Elections for the appointment among the members of the Court of Cassation of a full member and an alternate member of the Superior Council of Judges and Prosecutors will take place within twenty days of the date of entry in force of the Constitution. The quorum required for the work of the Council will be obtained thanks to the participation of the alternate member until the entry into office of the members thus appointed.

TRANSITIONAL ARTICLE 14: The unions will fulfill their obligation to deposit their income in state banks within two years at the latest from the date of entry into force of the Constitution.

TRANSITIONAL ARTICLE 15 (amended by Law No. 4709 of 3.10.2001): The National Security Council created under Law No. 2356 and exercising legislative and executive powers on behalf of the Turkish nation, governments formed under the regime of this Council, and the Consultative Assembly which fulfills its functions under Law n ° 2485 relating to the Constituent Assembly, cannot incur any criminal, financial or legal responsibility because of the various decisions and measures of execution that ” they will have adopted during the period between September 12, 1980 and the date on which the Presidential Office of the Grand National Assembly of Turkey will be established after the first general elections, and no appeal may be made to this end before a any jurisdiction.The provisions of the above paragraph will also apply to those who have adopted decisions and implementing measures or carried out material acts within the framework of implementation by the administration or bodies, authorities and agents authorities, said decisions and measures.

TRANSITIONAL ARTICLE 16: Those who, although registered in the electoral registers and on the electoral lists established in anticipation of the constitutional referendum and having the qualities required to be able to vote, abstain from participating in the referendum without being able to invoke any excuse of law or in fact, will not be able to participate in general, interim and local elections and other referendums which will be organized within five years following the constitutional referendum, nor be candidates in these elections.

Seventh chapter: Final provisions
I. Constitutional amendments and participation in elections and referendums

ARTICLE 175 (modified by Law No. 3361 of 17.5.1987): Constitutional amendments may be proposed by at least one third of the total number of members of the Grand National Assembly of Turkey, in writing. Proposals for constitutional amendments are debated twice in plenary assembly. They can only be adopted by a majority of three-fifths of the total number of members of the Assembly, and this by secret ballot. Subject to the conditions provided for in this article, the discussion and adoption of proposals for constitutional amendment shall be governed by the provisions relating to the discussion and adoption of laws. Laws amending the constitutional amendment may be referred by the President of the Republic to the Grand National Assembly of Turkey for further debate. If the Grand National Assembly of Turkey votes again on the law returned, in its initial version, by a majority of two thirds of the total number of its members, the President of the Republic may submit it to a referendum. If the law amending the constitutional amendment adopted by a majority of three-fifths or by a majority of less than two-thirds of the total number of members of the Assembly is not referred to it by the President of the Republic, it is published in the Official Journal to be submitted to a referendum. The law amending the constitutional amendment adopted by a majority of two thirds of the total number of members of the Assembly, whether or not it has been dismissed by the President of the Republic, or some of its articles only, may be subject to a referendum by the latter. The law amending the constitutional amendment or the articles concerned which are not subject to a referendum are published in the Official Journal. Constitutional amendment laws submitted to a referendum can only come into force if they are accepted by a majority of the votes validly cast during the referendum. The Grand National Assembly of Turkey must, when adopting a law amending the constitutional amendment, decide at the same time which of the amended provisions of the Constitution should, if the law is subject to a referendum, be approved together and which should ‘be separately.

He. Preamble and titles in the margins of the articles

ARTICLE 176: The preamble, which indicates the fundamental considerations and principles on which this Constitution is based, is an integral part of the text of the Constitution. The titles in the margins of the articles have the sole function of indicating the object, the order and the arrangement of the articles. These titles are not part of the text of the Constitution.

Ill. Entry into force of the Constitution

ARTICLE 177: This Constitution becomes the Constitution of the Republic of Turkey and comes into full force, subject to the exceptions listed below and to the provisions relating to the entry into force of said exceptions, on the day of its publication in the Official Gazette at following its approval by referendum. a) The provisions of Chapter II of PART TWO relating to freedom and individual security, the press and publications and the rights and freedoms of assembly and the provisions of Chapter III of this part relating to work, collective agreements , strike rights and lockouts come into force on the date of publication of new laws or of laws amending existing laws and in any event not later than the date of entry into office of the Grand National Assembly of Turkey. Until these provisions come into force, existing laws and National Security Council decrees and press releases apply. b) The provisions of PART TWO relating to the right to engage in political activities and political parties, on the one hand, and the rights to elect and to be elected, on the other, come into force upon date of publication respectively of the new Law on political parties and the Election Law which will be drawn up on the basis of these provisions. c) The provisions of the THIRD PART relating to the legislative come into force on the day of the proclamation of the results of the first general elections. However, the powers and attributions of the Grand National Assembly of Turkey arising from these provisions will be exercised by the National Security Council subject to the provisions of Law No. 2485 of June 29, 1981 on the Constituent Assembly, until the entry into function of the Grand National Assembly of Turkey. d) Subject to the provisions of the title “President of the Republic” which relate to his powers and attributions and to the Council of State Control, of those of the title “Council of Ministers” which relate to the regulations of public administration and to national defense, provisions relating to exceptional administration procedures, those relating to the title “Administration” which relate to local administrations and the Atatürk Higher Institute of Culture, of language and history and, in terms of the judiciary, those concerning the State security courts, all the provisions of PART THREE come into force on the day of publication of the Constitution in the Official Journal following the referendum. The provisions relating to the President of the Republic and the Council of Ministers which do not enter into force on this date come into force on the date of entry into office of the Grand National Assembly of Turkey and the provisions relating to local administrations and State security courts on the date of publication of the laws which concern them. e) With regard to operations relating to the drafting of new laws or the modification of existing laws, concerning either the provisions of the Constitution which come into force on the date of the publication of its approval following the referendum, or the existing institutions, organizations and councils or to be created, it is applied, in accordance with article 11 of the Constitution, either provisions of the laws in force which are not contrary to the Constitution, or directly of the constitutional provisions themselves. f) The provision of the second paragraph of article 164 determining the procedure for deliberation of draft by-laws is applicable from 1984. either provisions of the laws in force which are not contrary to the Constitution, or directly of the constitutional provisions themselves. f) The provision of the second paragraph of article 164 determining the procedure for deliberation of draft by-laws is applicable from 1984. either provisions of the laws in force which are not contrary to the Constitution, or directly of the constitutional provisions themselves. f) The provision of the second paragraph of article 164 determining the procedure for deliberation of draft by-laws is applicable from 1984.

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