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Asadha 11, 1940, at 09:11:56 PM
Constitution of
the
Rules of Procedure of the
Grand National Assembly of
II
CONSTITUTION OF THE
IV
VV
CONSTITUTION OF THE
PREAMBLE......................................................................................1
PART ONE
General Principles
I. Form of the
State...................................................................3
II. Characteristics of the
Republic.............................................3
III. Integrity, official
language, flag, national anthem, and capital of the
State..........................................................3
IV. Irrevocable provisions...........................................................
3
V. Fundamental aims and duties
of the State............................3
VI.
Sovereignty............................................................................4
VII. Legislative power...................................................................
4
VIII. Executive power and
function...............................................4
IX. Judicial
power........................................................................ 4
X. Equality before the law
.........................................................4
XI. Supremacy and binding
force of the Constitution...............5
PART TWO
Fundamental Rights and
Duties
CHAPTER ONE
General Provisions
I. Nature of fundamental
rights and freedoms.........................5
II. Restriction of fundamental
rights and freedoms...................5
III. Prohibition of abuse of
fundamental rights and freedoms..................................................................................6
VI
IV. Suspension of the exercise
of fundamental rights and freedoms................................................................................6
V. Status of
aliens.......................................................................7
CHAPTER TWO
Rights and Duties of
the Individual
I. Personal inviolability,
corporeal and spiritual existence of the individual
.................................................................... 7
II. Prohibition of forced
labour.................................................7
III. Personal liberty and
security.................................................8
IV. Privacy and protection of
private life...................................9
A. Privacy of private
life........................................................9
B. Inviolability of the
domicile........................................... 10
C. Freedom of
communication........................................... 10
V. Freedom of residence and
movement................................. 11
VI. Freedom of religion and
conscience................................... 11
VII. Freedom of thought and
opinion........................................ 12
VIII. Freedom of expression
and dissemination of thought....... 12
IX. Freedom of science and the
arts.......................................... 13
X. Provisions relating to the
press and publication................ 13
A. Freedom of the
press....................................................... 13
B. Right to publish
periodicals and non-periodicals.......... 14
C. Protection of printing
facilities ..................................... 15
D. Right to use media other
than the press owned by public corporations.................................................................
15
E. Right of rectification and
reply...................................... 15
XI. Rights and freedoms of
assembly........................................ 15
A. Freedom of
association................................................... 15
B. Right to hold meetings and
demonstration marches.... 16
XII. Right to property.................................................................
17
XIII. Provisions on the
protection of rights................................ 17
VII
A. Freedom to claim
rights.................................................. 17
B. Principle of natural
judge............................................... 17
C. Principles relating to
offences and penalties................. 17
XIV. Right to prove an
allegation................................................ 18
XV. Protection of fundamental
rights and freedoms................ 18
CHAPTER THREE
Social and Economic
Rights and Duties
I. Protection of the family,
and children’s rights................... 19
II. Right and duty of
education................................................ 19
III. Public
interest......................................................................
20
A. Utilization of the
coasts.................................................. 20
B. Land
ownership............................................................... 21
C. Protection of agriculture,
animal husbandry, and persons engaged in these
activities.............................................. 21
D.
Expropriation..................................................................
21
E. Nationalization and
privatization.................................. 22
IV. Freedom of work and
contract............................................ 22
V. Provisions relating to
labour............................................... 23
A. Right and duty to
work................................................... 23
B. Working conditions and
right to rest and leisure.......... 23
C. Right to organize
unions................................................ 23
D. Activities of
unions......................................................... 24
VI. Collective labour agreement,
right to strike, and lockout.... 24
A. Rights of collective labour
agreement and collective
agreement........................................................................
24
B. Right to strike, and
lockout............................................ 25
VII. Provision of fair
wage.......................................................... 25
VIII. Health, the environment
and housing................................. 26
A. Health services and
protection of the environment....... 26
B. Right to housing..............................................................
26
VIII
IX. Youth and
sports................................................................. 26
A. Protection of the
youth................................................... 26
B. Development of sports and
arbitration.......................... 27
X. Social security
rights............................................................ 27
A. Right to social
security.................................................... 27
B. Persons requiring special
protection in the field of social security............................................................................
27
XI. Protection of historical,
cultural and natural assets.......... 28
XII. Protection of arts and
artists............................................... 28
XIII. The extent of social and
economic duties of the State........ 28
CHAPTER FOUR
Political Rights and
Duties
I. Turkish
citizenship...............................................................29
II. Right to vote, to be
elected and to engage in political activity..................................................................................
29
III. Provisions relating to
political parties................................ 30
A. Forming parties, membership
and withdrawal from membership in a
party.................................................... 30
B. Principles to be observed
by political parties................. 31
IV. Right to enter public
service................................................ 32
A. Entry into public service.................................................
32
B. Declaration of
assets....................................................... 33
V. National
service................................................................... 33
VI. Duty to pay
taxes................................................................. 33
VII. Right of petition, right
to information and appeal to the Ombudsperson....................................................................
33
IX
PART THREE
Fundamental Organs of
the Republic
CHAPTER ONE
Legislative Power
I. The Grand National Assembly
of
A.
Composition...................................................................
34
B. Eligibility to be a
deputy................................................. 35
C. Election term of the Grand
National Assembly of
D. Deferment of elections for
the Grand National Assembly of
E. General administration and
supervision of elections.... 36
F. Provisions relating to
membership................................ 37
1. Representing the
nation............................................. 37
2. Oath-taking................................................................
37
3. Activities incompatible
with membership................ 38
4. Parliamentary
immunity........................................... 38
5. Loss of
membership................................................... 39
6. Application for
annulment........................................ 40
7. Salaries and travel
allowances.................................... 40
II. Duties and powers of the
Grand National Assembly of
A. General
........................................................................... 40
B. Introduction and
deliberation of bills ........................... 41
C. Promulgation of laws by the
President of the Republic... 41
D. Ratification of
international treaties.............................. 41
E. Authorization to issue
decrees having the force of law.... 42
F. Declaration of state of war
and authorization to deploy the armed forces..............................................................
43
X X
III. Provisions relating to the activities of the Grand National
Assembly of
A. Convening and
recess..................................................... 44
B. Bureau of the
Assembly.................................................. 44
C. Rules of Procedure,
political party groups and security affairs...............................................................................
45
D. Quorums and majority for
decisions............................. 46
E. Publicity and publication
of debates.............................. 46
A. General............................................................................
46
B.
Censure............................................................................
47
C. Parliamentary
investigation........................................... 47
CHAPTER TWO
The Executive Power
I. President of the
Republic.................................................... 48
A. Qualifications and
impartiality ..................................... 48
B. Election
........................................................................... 49
C.
Oath-taking.....................................................................
50
D. Duties and
powers........................................................... 50
E. Presidential accountability
and non-accountability...... 52
F. Acting for the President of
the Republic........................ 52
G. General Secretariat of the
President of the Republic..... 53
H. State Supervisory
Council............................................... 53
II. Council of
Ministers............................................................ 53
A.
Formation.......................................................................
53
B. Taking office and vote of
confidence.............................. 54
C. Vote of confidence while in
office.................................. 54
D. Functions and political
responsibilities......................... 54
E. The formation of
ministries, and ministers................... 55
XI
F. Provisional Council of Ministers during elections........ 55
G. Regulations.....................................................................
56
H. Renewal of elections to the
Grand National Assembly of
1. Offices of
Commander-in-Chief and Chief of the General Staff...............................................................
57
2. National Security
Council.......................................... 57
III. Extraordinary
administration procedures......................... 58
A. States of
emergency......................................................... 58
1. Declaration of state of
emergency because of natural disaster or serious economic
crisis............................ 58
2. Declaration of state of
emergency because of widespread acts of violence and serious deterioration of
public order............................................................ 58
3. Rules regarding the states
of emergency................... 59
B. Martial law, mobilization
and state of war.................... 59
IV.
Administration....................................................................
61
A. Fundamentals of the
administration............................. 61
1. Integrity of the
administration and public legal personality
................................................................. 61
2.
By-laws........................................................................
61
B. Judicial
review................................................................. 61
C. Establishment of the
administration............................. 62
1. Central administration..............................................
62
2. Local
administrations................................................ 62
D. Provisions relating to
public servants............................ 63
1. General principles
..................................................... 63
2. Duties and
responsibilities, and guarantees in
disciplinary
proceedings............................................ 64
E. Institutions of higher
education and their higher bodies..............................................................................
64
XII
1. Institutions of higher
education................................ 64
2. Superior bodies of higher
education ......................... 66
3. Institutions of higher
education subject to special provisions...................................................................
67
F. Radio and Television
Supreme Council, institutions of radio and television, and public affiliated
news agencies...........................................................................
67
G. The Atatürk High
Institution of Culture, Language and History.............................................................................
67
H. Professional organizations
having the characteristics of public
institutions........................................................... 68
I. Presidency of Religious
Affairs...................................... 69
J. Unlawful
order................................................................ 69
CHAPTER THREE
Judicial Power
I. General
provisions............................................................... 70
A.
B. Security of tenure of
judges and public prosecutors...... 70
C. Judges and public
prosecutors........................................ 70
D. Publicity of hearings and
the necessity of justification for
verdicts......................................................................
71
E. Formation of
courts........................................................ 72
F. State Security
Courts...................................................... 72
G. Supervision of judicial
services....................................... 72
H. Military
justice................................................................ 72
II. Higher courts.......................................................................
73
1.
Formation................................................................... 73
2. Term of office of the members
and termination of membership................................................................
75
3. Functions and
powers................................................ 75
XIII
4. Procedure of functioning and trial ...........................
77
5. Annulment
action...................................................... 78
6. Time limit for annulment
action............................... 78
7. Claim of
unconstitutionality before other courts..... 78
8. Decisions of the
B. High Court of
Appeals.................................................... 80
C. Council of
State............................................................... 80
D. High Military Court of
Appeals..................................... 81
E. High Military
Administrative Court.............................. 82
F. Court of Jurisdictional
Disputes.................................... 82
III. High Council of Judges
and Prosecutors............................ 83
IV. Court of
Accounts............................................................... 86
PART FOUR
Financial and Economic
Provisions
CHAPTER ONE
Financial Provisions
I.
Budget..................................................................................
87
A. Preparation and implementation
of the budget............ 87
B. Debate on the
budget...................................................... 87
C. Principles governing
budgetary amendments............... 88
D. Final
accounts................................................................. 88
E. Scrutiny of state economic
enterprises........................... 89
CHAPTER TWO
Economic Provisions
I. Planning; Economic and
Social Council............................. 89
II. Supervision of markets and
regulation of foreign trade.... 90
III. Exploration and
exploitation of natural resources............ 90
XIV
A. Protection and development of forests..........................
90
B. Protection of forest
villagers.......................................... 91
V. Developing
cooperativism................................................... 91
VI. Protection of consumers,
tradespeople and artisans.......... 92
A. Protection of
consumers................................................. 92
B. Protection of tradespeople
and artisans......................... 92
PART FIVE
Miscellaneous
Provisions
I. Preservation of Reform
Laws.............................................. 92
PART SIX
Provisional Articles
PROVISIONAL ARTICLE 1 ....................................................
93
PROVISIONAL ARTICLE 2
.................................................... 93
PROVISIONAL ARTICLE 3
.................................................... 95
PROVISIONAL ARTICLE 4
.................................................... 95
PROVISIONAL ARTICLE 5
.................................................... 95
PROVISIONAL ARTICLE 6
.................................................... 95
PROVISIONAL ARTICLE 7
.................................................... 95
PROVISIONAL ARTICLE
8..................................................... 95
PROVISIONAL ARTICLE
9..................................................... 96
PROVISIONAL ARTICLE
10..................................................... 96
PROVISIONAL ARTICLE
11..................................................... 96
PROVISIONAL ARTICLE
12...................................................... 96
PROVISIONAL ARTICLE
13...................................................... 97
PROVISIONAL ARTICLE 14......................................................
97
PROVISIONAL ARTICLE
15...................................................... 97
XV
PROVISIONAL ARTICLE 16
.................................................... 97
PROVISIONAL ARTICLE
17.................................................... 97
PROVISIONAL ARTICLE
18.................................................... 98
PROVISIONAL ARTICLE
19.................................................. 100
PART SEVEN
Final Provisions
I. Amending the Constitution,
participation in elections and
referenda.....................................................................
104
II. Preamble and headings of
articles.................................... 105
III. Entry into force of the
Constitution................................. 106
XVI
11
CONSTITUTION OF THE
PREAMBLE
(As amended on July 23, 1995; Act No. 4121)
Affirming the eternal
existence of the Turkish Motherland and Nation and the indivisible unity of the
Sublime Turkish State, this Constitution, in line with the concept of
nationalism introduced by the founder of the Republic of Turkey, Atatürk, the
immortal leader and the unrivalled hero, and his reforms and principles;
Determining to attain the
everlasting existence, prosperity, material and spiritual well-being of the
The absolute supremacy of
the will of the nation, the fact that sovereignty is vested fully and
unconditionally in the Turkish Nation and that no individual or body empowered
to exercise this sovereignty in the name of the nation shall deviate from the
liberal democracy indicated in the Constitution and the legal system instituted
according to its requirements,
The separation of powers,
which does not imply an order of precedence among the organs of the State, but
refers solely to the exercising of certain state powers and discharging of
duties, and is limited to a civilized cooperation and division of functions;
and the fact that only the Constitution and the laws have the supremacy;
(As amended on October 3,
2001; Act No. 4709) That no protection shall be accorded to an activity
contrary to Turkish national interests, Turkish existence and the principle of
its indivisibility with
1 The Constitution
was adopted by the Constituent Assembly on October 18, 1982 to be submitted to
referendum and published in the Official Gazette dated October 20, 1982 and
numbered 17844; republished in the repeating Official Gazette dated November 9,
1982 and numbered 17863 in the aftermath of its submission to referendum on
November 7, 1982 (Act No. 2709).
its State and territory,
historical and moral values of Turkishness; the nationalism, principles,
reforms and civilizationism of Atatürk and that sacred religious feelings shall
absolutely not be involved in state affairs and politics as required by the
principle of secularism;
That every Turkish citizen
has an innate right and power, to lead an honourable life and to improve
his/her material and spiritual wellbeing under the aegis of national culture,
civilization, and the rule of law, through the exercise of the fundamental
rights and freedoms set forth in this Constitution, in conformity with the
requirements of equality and social justice;
That all Turkish citizens
are united in national honour and pride, in national joy and grief, in their
rights and duties regarding national existence, in blessings and in burdens,
and in every manifestation of national life, and that they have the right to
demand a peaceful life based on absolute respect for one another’s rights and
freedoms, mutual love and fellowship, and the desire for and belief in “Peace
at home; peace in the world”;
With these IDEAS, BELIEFS,
and RESOLUTIONS to be interpreted and implemented accordingly, thus commanding
respect for, and absolute loyalty to, its letter and spirit;
Has been entrusted by the
TURKISH NATION to the democracy-loving Turkish sons’ and daughters’ love for
the motherland and nation.
PART ONE
General Principles
I. Form of the State
ARTICLE 1- The State of Turkey is a Republic.
II. Characteristics of the
Republic
ARTICLE 2- The Republic of Turkey is a democratic, secular
and social state governed by rule of law, within the notions of public peace,
national solidarity and justice, respecting human rights, loyal to the
nationalism of Atatürk, and based on the fundamental tenets set forth in the
preamble.
III. Integrity, official
language, flag, national anthem, and capital of the State
ARTICLE 3- The State of Turkey, with its territory and nation,
is an indivisible entity. Its language is Turkish.
Its flag, the form of which
is prescribed by the relevant law, is composed of a white crescent and star on
a red background.
Its national anthem is the
“
Its capital is
IV. Irrevocable provisions
ARTICLE 4- The provision of Article 1 regarding the form of
the State being a Republic, the characteristics of the Republic in Article 2,
and the provisions of Article 3 shall not be amended, nor shall their amendment
be proposed.
V. Fundamental aims and duties
of the State
ARTICLE 5- The fundamental aims and duties of the State are
to safeguard the independence and integrity of the Turkish Nation, the
indivisibility of the country, the Republic and democracy, to ensure the
welfare, peace, and happiness of the individual and society; to strive for the
removal of political, economic, and social obstacles which restrict the
fundamental rights and freedoms of the individual in a manner incompatible with
the principles of justice and of the social state governed by rule of law; and
to provide the conditions required for the development of the individual’s
material and spiritual existence.
VI. Sovereignty
ARTICLE 6- Sovereignty belongs to the Nation without any restriction
or condition.
The Turkish Nation shall
exercise its sovereignty through the authorized organs, as prescribed by the
principles set forth in the Constitution.
The exercise of sovereignty
shall not be delegated by any means to any individual, group or class. No
person or organ shall exercise any state authority that does not emanate from
the Constitution.
VII. Legislative power
ARTICLE 7- Legislative power is vested in the Grand National
Assembly of Turkey on behalf of Turkish Nation. This power shall not be
delegated.
VIII. Executive power and
function
ARTICLE 8- Executive power and function shall be exercised
and carried out by the President of the Republic and the Council of Ministers
in conformity with the Constitution and laws.
IX. Judicial power
ARTICLE 9- Judicial power shall be exercised by independent
courts on behalf of the Turkish Nation.
X. Equality before the law
ARTICLE 10- Everyone is equal before the law without distinction
as to language, race, colour, sex, political opinion, philosophical belief,
religion and sect, or any such grounds.
(Paragraph added on May 7,
2004; Act No. 5170) Men and women have equal rights. The State has the
obligation to ensure that this equality exists in practice. (Sentence added on September
12, 2010; Act No. 5982) Measures taken for this purpose shall not be interpreted
as contrary to the principle of equality.
(Paragraph added on
September 12, 2010; Act No. 5982) Measures to be taken for children, the
elderly, disabled people, widows and orphans of martyrs as well as for the
invalid and veterans shall not be considered as violation of the principle of
equality.
No privilege shall be
granted to any individual, family, group or class.
State organs and
administrative authorities are obliged to act in compliance with the principle
of equality before the law in all their proceedings.2
XI. Supremacy and binding
force of the Constitution
ARTICLE 11- The provisions of the Constitution are fundamental
legal rules binding upon legislative, executive and judicial organs, and
administrative authorities and other institutions and individuals.
Laws shall not be contrary
to the Constitution.
PART TWO
Fundamental Rights and Duties
CHAPTER ONE
General Provisions
I. Nature of fundamental
rights and freedoms
ARTICLE 12- Everyone possesses inherent fundamental rights
and freedoms, which are inviolable and inalienable.
The fundamental rights and
freedoms also comprise the duties and responsibilities of the individual to the
society, his/her family, and other individuals.
II. Restriction of fundamental
rights and freedoms
ARTICLE 13- (As amended on October 3, 2001; Act No. 4709)
Fundamental rights and
freedoms may be restricted only by law and in conformity with the reasons
mentioned in the relevant articles of the Constitution without infringing upon
their essence.
2 The phrase “and in
benefiting from all kinds of public services” was added after the phrase “in
all their proceedings” by the first Article of Act No. 5735 dated February 9,
2008 and annulled by the decision of the Constitutional Court dated June 5,
2008 numbered E. 2008/16, K. 2008/116 (Official Gazette numbered 27032 of
October 22, 2008).
These restrictions shall
not be contrary to the letter and spirit of the Constitution and the
requirements of the democratic order of the society and the secular republic
and the principle of proportionality.
III. Prohibition of abuse of
fundamental rights and freedoms
ARTICLE 14- (As amended on October 3, 2001; Act No. 4709)
None of the rights and
freedoms embodied in the Constitution shall be exercised in the form of
activities aiming to violate the indivisible integrity of the State with its
territory and nation, and to endanger the existence of the democratic and
secular order of the Republic based on human rights.
No provision of this
Constitution shall be interpreted in a manner that enables the State or
individuals to destroy the fundamental rights and freedoms recognized by the
Constitution or to stage an activity with the aim of restricting them more extensively
than stated in the Constitution.
The sanctions to be applied
against those who perpetrate activities contrary to these provisions shall be
determined by law.
IV. Suspension of the exercise
of fundamental rights and freedoms
ARTICLE 15- In times of war, mobilization, martial law, or a
state of emergency, the exercise of fundamental rights and freedoms may be
partially or entirely suspended, or measures derogating the guarantees embodied
in the Constitution may be taken to the extent required by the exigencies of
the situation, as long as obligations under international law are not violated.
(As amended on May 7, 2004;
Act No. 5170) Even under the circumstances indicated in the first paragraph,
the individual’s right to life, the integrity of his/her corporeal and
spiritual existence shall be inviolable except where death occurs through acts
in conformity with law of war; no one shall be compelled to reveal his/her
religion, conscience, thought or opinion, nor be accused on account of them; offences
and penalties shall not be made retroactive; nor shall anyone be held guilty
until so proven by a court ruling.
V. Status of aliens
ARTICLE 16- The fundamental rights and freedoms in respect to
aliens may be restricted by law compatible with international law.
CHAPTER TWO
Rights and Duties of the Individual
I. Personal inviolability,
corporeal and spiritual existence of the individual
ARTICLE 17- Everyone has the right to life and the right to protect
and improve his/her corporeal and spiritual existence.
The corporeal integrity of
the individual shall not be violated except under medical necessity and in
cases prescribed by law; and shall not be subjected to scientific or medical
experiments without his/her consent.
No one shall be subjected
to torture or mal-treatment; no one shall be subjected to penalties or
treatment incompatible with human dignity.
(As amended on May 7, 2004;
Act No. 5170) The act of killing in case of self-defence and, when permitted by
law as a compelling measure to use a weapon, during the execution of warrants
of capture and arrest, the prevention of the escape of lawfully arrested or
convicted persons, the quelling of riot or insurrection, or carrying out the
orders of authorized bodies during martial law or state of emergency, do not
fall within the scope of the provision of the first paragraph.
II. Prohibition of forced
labour
ARTICLE 18- No one shall be forced to work. Forced labour is
prohibited.
Work required of an
individual while serving a sentence or under detention provided that the form
and conditions of such labour are prescribed by law; services required from
citizens during a state of emergency; and physical or intellectual work
necessitated by the needs of the country as a civic obligation shall not be
considered as forced labour.
III. Personal liberty and
security
ARTICLE 19- Everyone has the right to personal liberty and security.
No one shall be deprived of
his/her liberty except in the following cases where procedure and conditions
are prescribed by law:
Execution of sentences
restricting liberty and the implementation of security measures decided by
courts; arrest or detention of an individual in line with a court ruling or an
obligation upon him designated by law; execution of an order for the purpose of
the educational supervision of a minor, or for bringing him/her before the
competent authority; execution of measures taken in conformity with the
relevant provisions of law for the treatment, education or rehabilitation of a
person of unsound mind, an alcoholic, drug addict, vagrant, or a person
spreading contagious diseases to be carried out in institutions when such
persons constitute a danger to the public; arrest or detention of a person who
enters or attempts to enter illegally into the country or for whom a deportation
or extradition order has been issued.
Individuals against whom
there is strong evidence of having committed an offence may be arrested by
decision of a judge solely for the purposes of preventing escape, or preventing
the destruction or alteration of evidence, as well as in other circumstances
prescribed by law and necessitating detention. Arrest of a person without a
decision by a judge may be executed only when a person is caught in flagrante delicto or in cases where delay is likely to thwart the course of justice;
the conditions for such acts shall be defined by law.
Individuals arrested or
detained shall be promptly notified, in all cases in writing, or orally when
the former is not possible, of the grounds for their arrest or detention and
the charges against them; in cases of offences committed collectively this
notification shall be made, at the latest, before the individual is brought
before a judge.
(As amended on October 3,
2001; Act No. 4709) The person arrested or detained shall be brought before a
judge within at latest forty-eight hours and in case of offences committed
collectively within at most four days, excluding the time required to send the
individual to the court nearest to the place of arrest. No one can be deprived
of his/her liberty without the decision of a judge after the expiry of the above
specified periods. These periods may be extended during a state of emergency,
martial law or in time of war.
(As amended on October 3,
2001; Act No. 4709) The next of kin shall be notified immediately when a person
has been arrested or detained.
Persons under detention
shall have the right to request trial within a reasonable time and to be
released during investigation or prosecution. Release may be conditioned by a
guarantee as to ensure the presence of the person at the trial proceedings or
the execution of the court sentence.
Persons whose liberties are
restricted for any reason are entitled to apply to the competent judicial
authority for speedy conclusion of proceedings regarding their situation and
for their immediate release if the restriction imposed upon them is not lawful.
(As amended on October 3,
2001; Act No. 4709) Damage suffered by persons subjected to treatment other
than these provisions shall be compensated by the State in accordance with the
general principles of the compensation law.
IV. Privacy and protection of
private life
A. Privacy of private life
ARTICLE 20- Everyone has the right to demand respect for his/her
private and family life. Privacy of private or family life shall not be
violated. (Sentence repealed on May 3, 2001; Act No. 4709) (As amended on
October 3, 2001; Act No. 4709) Unless there exists a decision duly given by a
judge on one or several of the grounds of national security, public order,
prevention of crime, protection of public health and public morals, or
protection of the rights and freedoms of others, or unless there exists a
written order of an agency authorized by law, in cases where delay is
prejudicial, again on the above-mentioned grounds, neither the person, nor the
private papers, nor belongings of an individual shall be searched nor shall
they be seized. The decision of the competent authority shall be submitted for
the approval of the judge having jurisdiction within twenty-four hours. The judge
shall announce his decision within forty-eight hours from the time of seizure;
otherwise, seizure shall automatically be lifted.10
(Paragraph added on
September 12, 2010; Act No. 5982) Everyone has the right to request the
protection of his/her personal data. This right includes being informed of,
having access to and requesting the correction and deletion of his/her personal
data, and to be informed whether these are used in consistency with envisaged objectives.
Personal data can be processed only in cases envisaged by law or by the
person’s explicit consent. The principles and procedures regarding the
protection of personal data shall be laid down in law.
B. Inviolability of the
domicile
ARTICLE 21- (As amended on October 3, 2001; Act No. 4709)
The domicile of an
individual shall not be violated. Unless there exists a decision duly given by
a judge on one or several of the grounds of national security, public order,
prevention of crime, protection of public health and public morals, or
protection of the rights and freedoms of others, or unless there exists a
written order of an agency authorized by law in cases where delay is
prejudicial, again on these grounds, no domicile may be entered or searched or the
property seized therein. The decision of the competent authority shall be
submitted for the approval of the judge having jurisdiction within twenty-four
hours. The judge shall announce his decision within forty-eight hours from the
time of seizure; otherwise, seizure shall be automatically lifted.
C. Freedom of communication
ARTICLE 22- (As amended on October 3, 2001; Act No. 4709)
Everyone has the freedom of
communication. Privacy of communication is fundamental.
Unless there exists a
decision duly given by a judge on one or several of the grounds of national
security, public order, prevention of crime, protection of public health and
public morals, or protection of the rights and freedoms of others, or unless
there exists a written order of an agency authorized by law in cases where
delay is prejudicial, again on the above-mentioned grounds, communication shall
not be impeded nor its privacy be violated. The decision of the competent authority
shall be submitted for the approval of the judge having jurisdiction within
twenty-four hours. The judge shall announce his decision within forty-eight
hours from the time of seizure; otherwise, seizure shall be automatically
lifted.
Public institutions and
agencies where exceptions may be applied are prescribed in law.
V. Freedom of residence and
movement
ARTICLE 23- Everyone has the freedom of residence and movement.
Freedom of residence may be
restricted by law for the purpose of preventing crimes, promoting social and
economic development, achieving sound and orderly urbanization, and protecting
public property.
Freedom of movement may be
restricted by law for the purpose of investigation and prosecution of an
offence, and prevention of crimes.
(As amended on October 3,
2001; Act No. 4709, and as amended on September 12, 2010; Act No. 5982) A
citizen’s freedom to leave the country may be restricted only by the decision
of a judge based on a criminal investigation or prosecution.
Citizens shall not be
deported, or deprived of their right of entry into the homeland.
VI. Freedom of religion and
conscience
ARTICLE 24- Everyone has the freedom of conscience, religious
belief and conviction.
Acts of worship, religious
rites and ceremonies shall be conducted freely, as long as they do not violate
the provisions of Article 14.
No one shall be compelled
to worship, or to participate in religious rites and ceremonies, or to reveal
religious beliefs and convictions, or be blamed or accused because of his
religious beliefs and convictions.
Religious and moral
education and instruction shall be conducted under state supervision and
control. Instruction in religious culture and morals shall be one of the
compulsory lessons in the curricula of primary and secondary schools. Other
religious education and instruction shall be subject to the individual’s own
desire, and in the case of minors, to the request of their legal representatives.
No one shall be allowed to
exploit or abuse religion or religious feelings, or things held sacred by
religion, in any manner whatsoever, for the purpose of personal or political
interest or influence, or for even partially basing the fundamental, social,
economic, political, and legal order of the State on religious tenets.
VII. Freedom of thought and
opinion
ARTICLE 25- Everyone has the freedom of thought and opinion.
No one shall be compelled
to reveal his/her thoughts and opinions for any reason or purpose; nor shall
anyone be blamed or accused because of his/her thoughts and opinions.
VIII. Freedom of expression
and dissemination of thought
ARTICLE 26- Everyone has the right to express and disseminate
his/her thoughts and opinions by speech, in writing or in pictures or through
other media, individually or collectively. This freedom includes the liberty of
receiving or imparting information or ideas without interference by official
authorities. This provision shall not preclude subjecting transmission by
radio, television, cinema, or similar means to a system of licensing.
(As amended on October 3,
2001; Act No. 4709) The exercise of these freedoms may be restricted for the
purposes of national security, public order, public safety, safeguarding the
basic characteristics of the Republic and the indivisible integrity of the
State with its territory and nation, preventing crime, punishing offenders,
withholding information duly classified as a state secret, protecting the
reputation or rights and private and family life of others, or protecting professional
secrets as prescribed by law, or ensuring the proper functioning of the
judiciary.
(Repealed on October 3,
2001; Act No. 4709)
Regulatory provisions concerning
the use of means to disseminate information and thoughts shall not be deemed as
the restriction of freedom of expression and dissemination of thoughts as long
as the transmission of information and thoughts is not prevented.
(Paragraph added on October
3, 2001; Act No. 4709) The formalities, conditions and procedures to be applied
in exercising the freedom of expression and dissemination of thought shall be prescribed
by law.
IX. Freedom of science and the
arts
ARTICLE 27- Everyone has the right to study and teach, express,
and disseminate science and the arts, and to carry out research in these fields
freely.
The right to disseminate
shall not be exercised for the purpose of changing the provisions of articles
1, 2 and 3 of the Constitution.
The provision of this
article shall not preclude regulation by law of the entry and distribution of
foreign publications in the country.
X. Provisions relating to the
press and publication
A. Freedom of the press
ARTICLE 28- The press is free, and shall not be censored.
The establishment of a
printing house shall not be subject to prior permission or the deposit of a
financial guarantee.
(Repealed on October 3,
2001; Act No. 4709)
The State shall take the
necessary measures to ensure freedom of the press and information.
In the limitation of
freedom of the press, the provisions of articles 26 and 27 of the Constitution
shall apply.
Anyone who writes any news
or articles which threaten the internal or external security of the State or
the indivisible integrity of the State with its territory and nation, which
tend to incite offence, riot or insurrection, or which refer to classified
state secrets or has them printed, and anyone who prints or transmits such news
or articles to others for the purposes above, shall be held responsible under
the law relevant to these offences. Distribution may be prevented as a precautionary
measure by the decision of a judge, or in case delay is deemed prejudicial, by
the competent authority explicitly designated by law. The authority preventing
the distribution shall notify a competent judge of its decision within
twenty-four hours at the latest.
The order preventing
distribution shall become null and void unless upheld by a competent judge
within forty-eight hours at the latest.14
No ban shall be placed on
the reporting of events, except by the decision of judge issued within the
limits specified by law, to ensure proper functioning of the judiciary.
Periodical and
non-periodical publications may be seized by a decision of a judge in cases of
ongoing investigation or prosecution of crimes specified by law; or by order of
the competent authority explicitly designated by law, in situations where delay
may constitute a prejudice with respect to the protection of the indivisible
integrity of the State with its territory and nation, national security, public
order or public morals and for the prevention of crime. The competent authority
issuing the order to seize shall notify a competent judge of its decision
within twenty-four hours at the latest; the order to seize shall become null
and void unless upheld by a judge within forty-eight hours at the latest.
General provisions shall
apply when seizing and confiscating periodicals and non-periodicals for reasons
of criminal investigation and prosecution.
Periodicals published in
B. Right to publish
periodicals and non-periodicals
ARTICLE 29- Publication of periodicals or non-periodicals shall
not be subject to prior authorization or the deposit of a financial guarantee.
Submission of the
information and documents specified by law to the competent authority
designated by law is sufficient to publish a periodical. If these information
and documents are found to contravene the laws, the competent authority shall
apply to the court for suspension of publication.
The principles regarding
the publication, the conditions of publication and the financial resources of
periodicals, and the profession of journalism shall be regulated by law. The
law shall not impose any political, economic, financial, and technical
conditions obstructing or making difficult the free dissemination of news, thoughts,
or opinions.
Periodicals shall have
equal access to the means and facilities of the State, other public corporate
bodies, and their agencies.
C. Protection of printing
facilities
ARTICLE 30- (As amended on May 7, 2004; Act No. 5170)
A printing house and its annexes,
duly established as a press enterprise under law, and press equipment shall not
be seized, confiscated, or barred from operation on the grounds of having been used
in a crime.
D. Right to use media other
than the press owned by public corporations
ARTICLE 31- Individuals and political parties have the right
to use mass media and means of communication other than the press owned by
public corporations. The conditions and procedures for such use shall be
regulated by law.
(As amended on October 3,
2001; Act No. 4709) The law shall not impose restrictions preventing the public
from receiving information or accessing ideas and opinions through these media,
or preventing public opinion from being freely formed, on the grounds other
than national security, public order, or the protection of public morals and
health.
E. Right of rectification and
reply
ARTICLE 32- The right of rectification and reply shall be accorded
only in cases where personal reputation and honour is injured or in case of
publications of unfounded allegation and shall be regulated by law.
If a rectification or reply
is not published, the judge decides, within seven days of appeal by the
individual involved, whether or not this publication is required.
XI. Rights and freedoms of
assembly
A. Freedom of association
ARTICLE 33- (As amended on October 3, 2001; Act No. 4709)16
Everyone has the right to
form associations, or become a member of an association, or withdraw from
membership without prior permission.
No one shall be compelled
to become or remain a member of an association.
Freedom of association may
be restricted only by law on the grounds of national security, public order,
prevention of commission of crime, public morals, public health and protecting
the freedoms of other individuals.
The formalities,
conditions, and procedures to be applied in the exercise of freedom of
association shall be prescribed by law.
Associations may be
dissolved or suspended from activity by the decision of a judge in cases
prescribed by law. However, where it is required for, and a delay constitutes a
prejudice to, national security, public order, prevention of commission or
continuation of a crime, or an arrest, an authority may be vested with power by
law to suspend the association from activity. The decision of this authority
shall be submitted for the approval of the judge having jurisdiction within twenty-four
hours. The judge shall announce his/her decision within forty-eight hours;
otherwise, this administrative decision shall be annulled automatically.
Provisions of the first
paragraph shall not prevent imposition of restrictions on the rights of armed
forces and security forces officials and civil servants to the extent that the
duties of civil servants so require.
The provisions of this
article shall also apply to foundations.
B. Right to hold meetings and
demonstration marches
ARTICLE 34- (As amended on October 3, 2001; Act No. 4709)
Everyone has the right to
hold unarmed and peaceful meetings and demonstration marches without prior
permission.
The right to hold meetings
and demonstration marches shall be restricted only by law on the grounds of
national security, public order, prevention of commission of crime, protection
of public health and public morals or the rights and freedoms of others.
The formalities,
conditions, and procedures to be applied in the exercise of the right to hold
meetings and demonstration marches shall be prescribed by law.
XII. Right to property
ARTICLE 35- Everyone has the right to own and inherit property.
These rights may be limited
by law only in view of public interest.
The exercise of the right
to property shall not contravene public interest.
XIII. Provisions on the
protection of rights
A. Freedom to claim rights
ARTICLE 36- (As amended on October 3, 2001; Act No. 4709)
Everyone has the right of litigation either as plaintiff or defendant and the
right to a fair trial before the courts through legitimate means and
procedures.
No court shall refuse to
hear a case within its jurisdiction.
B. Principle of natural judge
ARTICLE 37- No one may be tried by any judicial authority other
than the legally designated court.
Extraordinary tribunals
with jurisdiction that would in effect remove a person from the jurisdiction of
his legally designated court shall not be established.
C. Principles relating to
offences and penalties
ARTICLE 38- No one shall be punished for any act which does
not constitute a criminal offence under the law in force at the time committed;
no one shall be given a heavier penalty for an offence other than the penalty
applicable at the time when the offence was committed.
The provisions of the above
paragraph shall also apply to the statute of limitations on offences and
penalties and on the results of conviction.
Penalties, and security
measures in lieu of penalties, shall be prescribed only by law.
No one shall be considered
guilty until proven guilty in a court of law.
No one shall be compelled
to make a statement that would incriminate himself/herself or his/her legal
next of kin, or to present such incriminating evidence.
(Paragraph added on October
3, 2001; Act No. 4709) Findings obtained through illegal methods shall not be
considered evidence.
Criminal responsibility
shall be personal.
(Paragraph added on October
3, 2001; Act No. 4709) No one shall be deprived of his/her liberty merely on
the ground of inability to fulfil a contractual obligation.
(Paragraph added on October
3, 2001; Act No. 4709, and repealed on May 7, 2004; Act No. 5170)
(As amended on May 7, 2004;
Act No. 5170) Neither death penalty nor general confiscation shall be imposed
as punishment.
The administration shall
not impose any sanction resulting in restriction of personal liberty.
Exceptions to this provision may be introduced by law regarding the internal
order of the armed forces.
(As amended on May 7, 2004;
Act No. 5170) No citizen shall be extradited to a foreign country because of an
offence, except under obligations resulting from being a party to the
International Criminal Court.
XIV. Right to prove an
allegation
ARTICLE 39- In libel and defamation suits involving allegations
against persons in the public service in connection with their functions or
services, the defendant has the right to prove the allegations. A plea for
presenting proof shall not be granted in any other case, unless finding out
whether the allegation is true or not would serve the public interest, or
unless the plaintiff consents.
XV. Protection of fundamental
rights and freedoms
ARTICLE 40- Everyone whose constitutional rights and freedoms
have been violated has the right to request prompt access to the competent
authorities.19
(Paragraph added on October
3, 2001; Act No. 4709) The State is obliged to indicate in its proceedings, the
legal remedies and authorities the persons concerned should apply and time limits
of the applications.
Damages incurred to any
person through unlawful treatment by public officials shall be compensated for
by the State as per the law. The state reserves the right of recourse to the
official responsible.
CHAPTER THREE
Social and Economic Rights and Duties
I. Protection of the family,
and children’s rights
ARTICLE 41- (Paragraph added on October 3, 2001; Act No. 4709)
Family is the foundation of the Turkish society and based on the equality
between the spouses.
The State shall take the necessary
measures and establish the necessary organization to protect peace and welfare
of the family,
especially mother and
children, and to ensure the instruction of family planning and its practice.
(Paragraph added on
September 12, 2010; Act No. 5982) Every child has the right to protection and
care and the right to have and maintain a personal and direct relation with
his/her mother and father unless it is contrary to his/her high interests.
(Paragraph added on
September 12, 2010; Act No. 5982) The State shall take measures for the
protection of the children against all kinds of abuse and violence.
II. Right and duty of
education
ARTICLE 42- No one shall be deprived of the right of education.
The scope of the right to
education shall be defined and regulated by law.
Education shall be
conducted along the lines of the principles and reforms of Atatürk, based on
contemporary scientific and
3 The phrase “and
children’s rights” was added by the fourth Article of Act No. 5982 dated
September 12, 2010.20
educational principles,
under the supervision and control of the State.
Educational institutions
contravening these principles shall not be established.
The freedom of education
does not relieve the individual from loyalty to the Constitution.
Primary education is
compulsory for all citizens of both sexes and is free of charge in state
schools.
The principles governing
the functioning of private primary and secondary schools shall be regulated by
law in keeping with the standards set for the state schools.
(Paragraph added on
February 2, 2008; Act No. 5735, and annulled by the decision of the
The State shall provide
scholarships and other means of assistance to enable students of merit lacking
financial means to continue their education. The State shall take necessary
measures to rehabilitate those in need of special education so as to render
such people useful to society.
Training, education,
research, and study are the only activities that shall be pursued at
institutions of education. These activities shall not be obstructed in any way.
No language other than
Turkish shall be taught as a mother tongue to Turkish citizens at any
institution of education. Foreign languages to be taught in institutions of
education and the rules to be followed by schools conducting education in a
foreign language shall be determined by law. The provisions of international
treaties are reserved.
III. Public interest
A. Utilization of the coasts
ARTICLE 43- The coasts are under the authority and disposal
of the State.
In the utilization of sea
coasts, lake shores or river banks, and of the coastal strip along the sea and
lakes, public interest shall be taken into consideration with priority.
The width of coasts and
coastal strips according to the purpose of utilization and the conditions of
utilization by individuals shall be determined by law.
B. Land ownership
ARTICLE 44- The State shall take the necessary measures to
maintain and develop efficient land cultivation, to prevent its loss through
erosion, and to provide land to farmers with insufficient land of their own, or
no land. For this purpose, the law may define the size of appropriate land
units, according to different agricultural regions and types of farming.
Provision of land to farmers with no or insufficient land shall not lead to a
fall in production, or to the depletion of forests and other land and
underground resources.
Lands distributed for this
purpose shall neither be divided nor be transferred to others, except through
inheritance, and shall be cultivated only by the farmers to whom the lands have
been distributed, and their heirs. In the event of loss of these conditions, the
principles relating to the recovery by the State of the land thus distributed
shall be prescribed by law.
C. Protection of agriculture,
animal husbandry, and persons engaged in these activities
ARTICLE 45- The State facilitates farmers and livestock breeders
in acquiring machinery, equipment and other inputs in order to prevent improper
use and destruction of agricultural land, meadows and pastures and to increase
crop and livestock production in accordance with the principles of agricultural
planning.
The State shall take
necessary measures for the utilization of crop and livestock products, and to
enable producers to be paid the real value of their products.
D. Expropriation
ARTICLE 46- (As amended on October 3, 2001; Act No. 4709)
The State and public
corporations shall be entitled, where the public interest requires, to expropriate
privately owned real estate wholly or in part and impose administrative
servitude on it, in accordance with the principles and procedures prescribed by
law, provided that the actual compensation is paid in advance.
The compensation for
expropriation and the amount regarding its increase rendered by a final
judgment shall be paid in cash and in advance. However, the procedure to be
applied for compensation for expropriated land for the purposes of carrying out
agriculture reform, major energy and irrigation projects, and housing and
resettlement schemes, afforestation, and protecting the coasts, and tourism
shall be regulated by law. In the cases where the law may allow payment in instalments,
the payment period shall not exceed five years, whence payments shall be made
in equal instalments.
Compensation for the land
expropriated from the small farmer who cultivates his/her own land shall be
paid in advance in all cases.
An interest equivalent to
the highest interest paid on public claims shall apply in the instalments
envisaged in the second paragraph and expropriation costs not paid for any
reason.
E. Nationalization and
privatization
ARTICLE 47- Private enterprises performing services of public
nature may be nationalized in exigencies of public interest.
Nationalization shall be
carried out on the basis of real value.
The methods and procedures
for calculating real value shall be prescribed by law.
(Paragraph added on August
13, 1999; Act No. 4446) Principles and rules concerning the privatization of
enterprises and assets owned by the State, state economic enterprises, and
other public corporate bodies shall be prescribed by law.
(Paragraph added on August
13, 1999; Act No. 4446) Those investments and services carried out by the
State, state economic enterprises and other public corporate bodies, which
could be performed by or delegated to persons or corporate bodies through private
law contracts shall be determined by law.
IV. Freedom of work and
contract
ARTICLE 48- Everyone has the freedom to work and conclude
contracts in the field of his/her choice. Establishment of private enterprises
is free.
4 The phrase “and
privatization” was added by the first Article of Act No. 4446 dated August 13,
1999.23
The State shall take
measures to ensure that private enterprises operate in accordance with national
economic requirements and social objectives and in security and stability.
V. Provisions relating to
labour
A. Right and duty to work
ARTICLE 49- Everyone has the right and duty to work.
(As amended on October 3,
2001; Act No. 4709) The State shall take the necessary measures to raise the
standard of living of workers, and to protect workers and the unemployed in
order to improve the general conditions of labour, to promote labour, to create
suitable economic conditions for prevention of unemployment and to secure labour
peace.
(Repealed on October 3,
2001; Act No. 4709)
B. Working conditions and
right to rest and leisure
ARTICLE 50- No one shall be required to perform work unsuited
to his/her age, sex, and capacity.
Minors, women, and
physically and mentally disabled persons, shall enjoy special protection with
regard to working conditions.
All workers have the right
to rest and leisure.
Rights and conditions
relating to paid weekends and holidays, together with paid annual leave, shall
be regulated by law.
C. Right to organize unions
ARTICLE 51- (As amended on October 3, 2001; Act No. 4709)
Employees and employers
have the right to form unions and higher organizations, without prior
permission, and they also possess the right to become a member of a union and
to freely withdraw from membership, in order to safeguard and develop their
economic and social rights and the interests of their members in their labour relations.
No one shall be forced to become a member of a union or to withdraw from
membership.
The right to form a union
shall be solely restricted by law on the grounds of national security, public
order, prevention of commission of crime, public health, public morals and
protecting the rights and freedoms of others.
The formalities, conditions
and procedures to be applied in exercising the right to form union shall be
prescribed by law.
(Repealed on September 12,
2010; Act No. 5982)
The scope, exceptions and
limits of the rights of civil servants who do not have a worker status are
prescribed by law in line with the characteristics of their services.
The regulations,
administration and functioning of unions and their higher bodies shall not be
inconsistent with the fundamental characteristics of the Republic and
principles of democracy.
D. Activities of unions
ARTICLE 52- (Repealed on July 23, 1995; Act No. 4121)
VI. Collective labour
agreement, right to strike, and lockout
A. Rights of collective labour
agreement and collective agreement
ARTICLE 53- Workers and employers have the right to conclude
collective labour agreements in order to regulate reciprocally their economic
and social position and conditions of work.
The procedure to be
followed in concluding collective labour agreements shall be regulated by law.
(Paragraph added on July
23, 1995; Act No. 4121, and repealed on September 12, 2010; Act No. 5982)
(Repealed on September 12,
2010; Act No. 5982)
(Paragraph added on
September 12, 2010; Act No. 5982) Public servants and other public employees have
the right to conclude collective agreements.
(Paragraph added on
September 12, 2010; Act No. 5982)
The parties may apply to
the Public Servants Arbitration Board if a disagreement arises during the
process of collective agreement. The
5 The phrase “and
collective agreement” was added by the sixth Article of
Act No. 5982 dated
September 12, 2010.25
decisions of the Public
Servants Arbitration Board shall be final and have the force of a collective
agreement.
(Paragraph added on
September 12, 2010; Act No. 5982) The scope of and the exceptions to the right
of collective agreement, the persons to benefit from and the form, procedure
and entry into force of collective agreement and the extension of the
provisions of collective agreement to those retired, as well as the
organization and operating procedures and principles of the Public Servants
Arbitration Board and other matters shall be laid down in law.
B. Right to strike, and
lockout
ARTICLE 54- Workers have the right to strike during the collective
bargaining process if a disagreement arises. The procedures and conditions
governing the exercise of this right and the employer’s recourse to a lockout,
the scope of, and the exceptions to them shall be regulated by law.
The right to strike and
lockout shall not be exercised in a manner contrary to the rules of goodwill,
to the detriment of society, and in a manner damaging national wealth.
(Repealed on September 12,
2010; Act No. 5982)
The circumstances and
workplaces in which strikes and lockouts may be prohibited or postponed shall
be regulated by law.
In cases where a strike or
a lockout is prohibited or postponed, the dispute shall be settled by the
Supreme Arbitration Board at the end of the period of postponement. The
disputing parties may apply to the Supreme Arbitration Board by mutual
agreement at any stage of the dispute. The decisions of the Supreme Arbitration
Board shall be final and have the force of a collective labour agreement.
The organization and
functions of the Supreme Arbitration Board shall be regulated by law.
(Repealed on September 12,
2010; Act No. 5982)
Those who refuse to go on
strike shall in no way be barred from working at their workplace by strikers.
VII. Provision of fair wage
ARTICLE 55- Wages shall be paid in return for work.
The state shall take the
necessary measures to ensure that workers earn a fair wage commensurate with
the work they perform and that they enjoy other social benefits.
(As amended on October 3,
2001; Act No. 4709) In determining the minimum wage, the living conditions of
the workers and the economic situation of the country shall also be taken into
account.
VIII. Health, the environment
and housing
A. Health services and
protection of the environment
ARTICLE 56- Everyone has the right to live in a healthy and balanced
environment.
It is the duty of the State
and citizens to improve the natural environment, to protect the environmental
health and to prevent environmental pollution.
The State shall regulate
central planning and functioning of the health services to ensure that everyone
leads a healthy life physically and mentally, and provide cooperation by saving
and increasing productivity in human and material resources.
The State shall fulfil this
task by utilizing and supervising the health and social assistance
institutions, in both the public and private sectors.
In order to establish
widespread health services, general health insurance may be introduced by law.
B. Right to housing
ARTICLE 57- The State shall take measures to meet the need for
housing within the framework of a plan that takes into account the
characteristics of cities and environmental conditions, and also support
community housing projects.
IX. Youth and sports
A. Protection of the youth
ARTICLE 58- The State shall take measures to ensure the education
and development of the youth into whose keeping our independence and our
Republic are entrusted, in the light of positive science, in line with the
principles and reforms of Atatürk, and in opposition to ideas aiming at the
destruction of the indivisible integrity of the State with its territory and
nation.
The State shall take
necessary measures to protect youth from addiction to alcohol and drugs, crime,
gambling, and similar vices, and ignorance.
B. Development of sports and
arbitration
ARTICLE 59- The State shall take measures to develop the
physical and mental health of Turkish citizens of all ages, and encourage the
spread of sports among the masses.
The state shall protect
successful athletes.
(Paragraph added on March
17, 2011; Act No. 6214) The decisions of sport federations relating to
administration and discipline of sportive activities may be challenged only
through compulsory arbitration. The decisions of Board of Arbitration are final
and shall not be appealed to any judicial authority.
X. Social security rights
A. Right to social security
ARTICLE 60- Everyone has the right to social security.
The State shall take the
necessary measures and establish the organisation for the provision of social
security.
B. Persons requiring special protection
in the field of social security
ARTICLE 61- The State shall protect the widows and orphans
of martyrs of war and duty, together with invalid and war veterans, and ensure
that they enjoy a decent standard of living.
The State shall take
measures to protect the disabled and secure their integration into community
life.
The aged shall be protected
by the State. State assistance to, and other rights and benefits of the aged
shall be regulated by law.
The State shall take all
kinds of measures for social resettlement of children in need of protection.
6 The phrase “and
arbitration” was added by the first Article of Act No. 6214 dated March 17,
2011.28
To achieve these aims the
State shall establish the necessary organizations or facilities, or arrange for
their establishment.
C. Turkish citizens working
abroad
ARTICLE 62- The State shall take the necessary measures to ensure
family unity, the education of the children, the cultural needs, and the social
security of Turkish citizens working abroad, and to safeguard their ties with
the home country and to help them on their return home.
XI. Protection of historical,
cultural and natural assets
ARTICLE 63- The State shall ensure the protection of the historical,
cultural and natural assets and wealth, and shall take supportive and promotive
measures towards that end.
Any limitations to be
imposed on such privately owned assets and wealth and the compensation and
exemptions to be accorded to the owners of such, because of these limitations,
shall be regulated by law.
XII. Protection of arts and
artists
ARTICLE 64- The State shall protect artistic activities and artists.
The State shall take the necessary measures to protect, promote and support
works of art and artists, and encourage the spread of appreciation for the
arts.
XIII. The extent of social and
economic duties of the State
ARTICLE 65- (As amended on October 3, 2001; Act No. 4709)
The State shall fulfil its
duties as laid down in the Constitution in the social and economic fields
within the capacity of its financial resources, taking into consideration the
priorities appropriate with the aims of these duties.
7 The heading of
this Article, which was stipulated as “XIII. Limits of social and economic
rights”, was amended by the twenty second Article of Act No. 4709 dated October
3, 2001.29
CHAPTER FOUR
Political Rights and Duties
I. Turkish citizenship
ARTICLE 66- Everyone bound to the
The child of a Turkish
father or a Turkish mother is a Turk.
(Sentence repealed on
October 3, 2001; Act No. 4709)
Citizenship can be acquired
under the conditions stipulated by law, and shall be forfeited only in cases
determined by law.
No Turk shall be deprived
of citizenship, unless he/she commits an act incompatible with loyalty to the
motherland.
Recourse to the courts in
appeal against the decisions and proceedings related to the deprivation of
citizenship shall not be denied.
II. Right to vote, to be
elected and to engage in political activity.
ARTICLE 67- In conformity with the conditions set forth in
the law, citizens have the right to vote, to be elected, to engage in political
activities independently or in a political party, and to take part in a
referendum.
(As amended on July 23,
1995; Act No. 4121) Elections and referenda shall be held under the direction
and supervision of the judiciary, in accordance with the principles of free,
equal, secret, direct, universal suffrage, and public counting of the votes.
However, the law determines applicable measures for Turkish citizens abroad to exercise
their right to vote.
(As amended on May 17,
1987; Act No. 3361, and on July 23,
1995; Act No. 4121) All
Turkish citizens over eighteen years of age shall have the right to vote in
elections and to take part in referenda.
The exercise of these
rights shall be regulated by law.
(As amended on July 23,
1995; Act No. 4121, and on October
3, 2001; Act No. 4709)
Privates and corporals at arms, cadets, and convicts in penal execution
institutions excluding those convicted of negligent offences shall not vote.
The necessary measures to be taken to ensure the safety of voting and the
counting of the votes in penal execution institutions and prisons shall be
determined by the Supreme Board of Election; such voting is held under the on-site
direction and supervision of authorized judge.
(Paragraph added on July
23, 1995; Act No. 4121) The electoral
laws shall be drawn up so
as to reconcile the principles of fair representation and stability of
government.
(Paragraph added on October
3, 2001; Act No. 4709)
Amendments to the electoral
laws shall not apply to the elections to be held within one year from the entry
into force date of the amendments.
III. Provisions relating to
political parties
A. Forming parties, membership
and withdrawal from membership in a party
ARTICLE 68- (As amended on July 23, 1995; Act No. 4121)
Citizens have the right to
form political parties and duly join and withdraw from them. One must be over
eighteen years of age to become a member of a party.
Political parties are
indispensable elements of democratic political life.
Political parties shall be
formed without prior permission, and shall pursue their activities in
accordance with the provisions set forth in the Constitution and laws.
The statutes and programs, as
well as the activities of political parties shall not be contrary to the
independence of the State, its indivisible integrity with its territory and
nation, human rights, the principles of equality and rule of law, sovereignty
of the nation, the principles of the democratic and secular republic; they
shall not aim to promote or establish class or group dictatorship or
dictatorship of any kind, nor shall they incite citizens to crime.
Judges and prosecutors,
members of higher judicial organs including those of the Court of Accounts,
civil servants in public institutions and organizations, other public servants
who are not considered to be labourers by virtue of the services they perform, members
of the armed forces and students who are not yet in higher education, shall not
become members of political parties.
The membership of the
teaching staff at higher education to political parties is regulated by law.
This law shall not allow those members to assume responsibilities outside the
central organs of the political parties and it also sets forth the regulations
which the teaching staff at higher education institutions shall observe as members
of political parties in the higher education institutions.
The principles concerning
the membership of students at higher education to political parties are
regulated by law.
The State shall provide the
political parties with adequate financial means in an equitable manner. The
principles regarding aid to political parties, as well as collection of dues
and donations are regulated by law.
B. Principles to be observed
by political parties
ARTICLE 69- (As amended on July 23, 1995; Act No. 4121)
The activities, internal
regulations and operation of political parties shall be in line with democratic
principles. The application of these principles is regulated by law.
Political parties shall not
engage in commercial activities.
The income and expenditure
of political parties shall be consistent with their objectives. The application
of this rule is regulated by law. The auditing of acquisitions, revenue and
expenditure of political parties by the Constitutional Court in terms of
conformity to law as well as the methods of audit and sanctions to be applied
in case of inconformity to law shall be indicated in law. The
The dissolution of
political parties shall be decided finally by the
The permanent dissolution
of a political party shall be decided when it is established that the statute
and program of the political party violate the provisions of the fourth
paragraph of Article 68.
The decision to dissolve a
political party permanently owing to activities violating the provisions of the
fourth paragraph of Article 68 may be rendered only when the
(Paragraph added on October
3, 2001; Act No. 4709) Instead of dissolving it permanently in accordance with
the above-mentioned paragraphs, the
A party which has been
dissolved permanently shall not be founded under another name.
The members, including the
founders of a political party whose acts or statements have caused the party to
be dissolved permanently shall not be founders, members, directors or
supervisors in any other party for a period of five years from the date of
publication of the Constitutional Court’s final decision with its justification
for permanently dissolving the party in the Official Gazette.
Political parties that
accept aid from foreign states, international institutions and persons and
corporate bodies of non-Turkish nationality shall be dissolved permanently.
(As amended on October 3,
2001; Act No. 4709) The foundation and activities of political parties, their
supervision and dissolution, or their deprival of state aid wholly or in part
as well as the election expenditures and procedures of the political parties
and candidates, are regulated by law in accordance with the above-mentioned principles.
IV. Right to enter public
service
A. Entry into public service
ARTICLE 70- Every Turk has the right to enter public service.
No criteria other than the
qualifications for the office concerned shall be taken into consideration for
recruitment into public service.
B. Declaration of assets
ARTICLE 71- Declaration of assets by persons entering public
service and the frequency of such declarations shall be determined by law.
Those serving in the legislative and executive organs shall not be exempted
from this requirement.
V. National service
ARTICLE 72- National service is the right and duty of every
Turk. The manner in which this service shall be performed, or considered as
performed, either in the armed forces or in public service, shall be regulated
by law.
VI. Duty to pay taxes
ARTICLE 73- Everyone is under obligation to pay taxes according
to his financial resources, in order to meet public expenditure.
An equitable and balanced
distribution of the tax burden is the social objective of fiscal policy.
Taxes, fees, duties, and
other such financial obligations shall be imposed, amended, or revoked by law.
The Council of Ministers
may be empowered to amend the percentages of exemption, exceptions and
reductions in taxes, fees, duties and other such financial obligations, within
the minimum and maximum limits prescribed by law.
VII. Right of petition, right
to information and appeal to the Ombudsperson
ARTICLE 74- (As amended on October 3, 2001; Act No. 4709)
Citizens and foreigners resident in Turkey, with the condition of observing the
principle of reciprocity, have the right to apply in writing to the competent
authorities and to the Grand National Assembly of Turkey with regard to the
requests and complaints concerning themselves or the public.
8 The phrase,“right
to information and appeal to the Ombudsperson” was added by the eighth Article
of Act No. 5982 dated September 12, 2010.34
(As amended on October 3,
2001; Act No. 4709) The result of the application concerning himself/herself
shall be made known to the petitioner in writing without delay.
(Repealed on September 12,
2010; Act No. 5982)
(Paragraph added on
September 12, 2010; Act No. 5982) Everyone has the right to obtain information
and appeal to the Ombudsperson.
(Paragraph added on
September 12, 2010; Act No. 5982) The Institution of the Ombudsperson
established under the Grand National Assembly of Turkey examines complaints on
the functioning of the administration.
(Paragraph added on
September 12, 2010; Act No. 5982) The Chief Ombudsperson shall be elected by
the Grand National Assembly of Turkey for a term of four years by secret
ballot. In the first two ballots, a two-thirds majority of the total number of
members, and in the third ballot an absolute majority of the total number of
members shall be required. If an absolute majority cannot be obtained in the third
ballot, a fourth ballot shall be held between the two candidates who have
received the greatest number of votes in the third ballot; the candidate who
receives the greatest number of votes in the fourth ballot shall be elected.
(Paragraph added on
September 12, 2010; Act No. 5982) The way of exercising these rights referred
to in this article, the establishment, duties, functioning of the Ombudsperson
Institution and its proceedings after the examination and the procedures and principles
regarding the qualifications, elections and personnel rights of the Chief
Ombudsperson and ombudspersons shall be laid down in law.
PART THREE
Fundamental Organs of the Republic
CHAPTER ONE
Legislative Power
I. The Grand National Assembly
of
A. Composition
ARTICLE 75- (As amended on May 17, 1987; Act No. 3361, and
on July 23, 1995; Act No. 4121) The Grand National Assembly of Turkey shall be
composed of five hundred and fifty deputies elected by universal suffrage.
B. Eligibility to be a deputy
ARTICLE 76- (As amended on October 13, 2006; Act No. 5551)
Every Turk over the age of twenty-five is eligible to be a deputy.
(As amended on December 27,
2002; Act No. 4777) Persons who have not completed primary education, who have
been deprived of legal capacity, who have not performed compulsory military service,
who are banned from public service, who have been sentenced to a prison term
totalling one year or more excluding involuntary offences, or to a heavy
imprisonment; those who have been convicted for dishonourable offences such as
embezzlement, corruption, bribery, theft, fraud, forgery, breach of trust,
fraudulent bankruptcy; and persons convicted of smuggling, conspiracy in
official bidding or purchasing, of offences related to the disclosure of state
secrets, of involvement in acts of terrorism, or incitement and encouragement
of such activities, shall not be elected as a deputy, even if they have been granted
amnesty.
Judges and prosecutors,
members of the higher judicial organs, lecturers at institutions of higher
education, members of the Council of Higher Education, employees of public
institutions and agencies who have the status of civil servants, other public
employees not regarded as labourers on account of the duties they perform, and members
of the armed forces shall not stand for election or be eligible to be a deputy
unless they resign from office.
C. Election term of the Grand
National Assembly of
ARTICLE 77- (As amended on October 21, 2007; Act No. 5678)
Elections for the Grand National Assembly of Turkey shall be held every four
years.
The Assembly may decide to
hold a new election before the termination of this period, or elections shall
be renewed according to the decision taken by the President of the Republic,
under the conditions set forth in the Constitution. A deputy whose term of office
expires is eligible for re-election.36
In the event of a decision
to hold new elections, the powers of the Assembly shall continue until the
election of a new Assembly.
D. Deferment of elections for
the Grand National Assembly of
ARTICLE 78- If holding new elections is deemed impossible because
of war, the Grand National Assembly of Turkey may decide to defer elections for
a year.
If the grounds do not
disappear, the deferment may be repeated in compliance with the procedure for
deferment.
By-elections shall be held
when vacancies arise in the membership of the Grand National Assembly of
Turkey. By-elections shall be held once in every election term and cannot be
held unless thirty months elapse after the general election. However, in cases where
the number of vacant seats reaches five per cent of the total number of seats,
by-elections decided to be held within three months.
By-elections shall not be
held within one year before general elections.
(Paragraph added on
December 27, 2002; Act No. 4777) Apart from the above specified situations, if
all the seats of a province or electoral district fall vacant in the Assembly,
a by-election shall be held on the first Sunday after ninety days following the
vacancy. The third paragraph of Article 127 of the Constitution shall not apply
for elections held per this paragraph.
E. General administration and
supervision of elections
ARTICLE 79- Elections shall be held under the general administration
and supervision of the judicial organs.
(As amended on October 21,
2007; Act No. 5678) The Supreme Board of Election shall execute all the
functions to ensure the fair and orderly conduct of elections from the
beginning to the end, carry out investigations and take final decisions, during
and after the elections, on all irregularities, complaints and objections
concerning the electoral matters, and receive the electoral records of the
members of the Grand National Assembly of Turkey and presidential election. No
appeal shall be made to any authority against the decisions of the Supreme
Board of Election.
The functions and powers of
the Supreme Board of Election and other electoral boards shall be determined by
law.
The Supreme Board of
Election shall be composed of seven regular members and four substitutes. Six
of the members shall be elected by the General Board of High Court of Appeals,
and five of the members shall be elected by the General Board of Council of State
from amongst their own members, by the vote of the absolute majority of the
total number of members through secret ballot.
These members shall elect a
chairperson and a vice-chairperson from amongst themselves, by absolute
majority and secret ballot.
Amongst the members elected
to the Supreme Board of Election by the High Court of Appeals and by the
Council of State, two members from each group shall be designated by lot as
substitute members. The Chairperson and Vice-Chairperson of the Supreme Board
of Election shall not take part in this procedure.
(As amended on October 21,
2007; Act No. 5678) The general conduct and supervision of a referendum on laws
amending the Constitution and of election of the President of the Republic by people
shall be subject to the same provisions relating to the election of deputies.
F. Provisions relating to
membership
1. Representing the nation
ARTICLE 80- Members of the Grand National Assembly of Turkey
shall not represent their own constituencies or constituents, but the nation as
a whole.
2. Oath-taking
ARTICLE 81- Members of the Grand National Assembly of Turkey,
on assuming office, shall take the following oath:
“I swear upon my honour and
integrity, before the great Turkish Nation, to safeguard the existence and
independence of the state, the indivisible integrity of the country and the
nation, and the absolute sovereignty of the nation; to remain loyal to the
supremacy of law, to the democratic and secular republic, and to Atatürk’s
principles and reforms; not to deviate from the ideal according to which
everyone is entitled to enjoy human rights and fundamental freedoms under the
notion of peace and prosperity in society, national solidarity and justice, and
loyalty to the Constitution.”
3. Activities incompatible
with membership
ARTICLE 82- Members of the Grand National Assembly of Turkey
shall not hold office in state departments and other public corporate bodies
and their subsidiaries; in corporations and enterprises where there is direct
or indirect participation of the State or public corporate bodies; in the
enterprises and corporations where the State and other public corporate bodies
take part directly or indirectly; in the executive and supervisory boards of
public benefit associations whose private resources of revenues and privileges
are provided by law; of the foundations receiving subsidies from the state and
enjoying tax exemption; of the professional organizations having the
characteristics of public institutions and trade unions; and in the executive
and supervisory boards of aforementioned enterprises and corporations which
they have a share and in their higher bodies. Nor shall they be
representatives, accept any contracted engagement of the boards stated above
directly or indirectly, serve as a representative, or perform as an arbitrator
therein.
Members of the Grand
National Assembly of Turkey shall not be entrusted with any official or private
duties involving proposal, recommendation, appointment, or approval by the
executive organ.
A deputy’s acceptance of a
temporary assignment, not exceeding a period of six months, given by the
Council of Ministers on a specific matter, is subject to the decision of the
Assembly.
Other duties and activities
incompatible with membership in the Grand National Assembly of Turkey shall be
regulated by law.
4. Parliamentary immunity
ARTICLE 83- Members of the Grand National Assembly of Turkey
shall not be liable for their votes and statements during parliamentary
proceedings, for the views they express before the Assembly, or, unless the
Assembly decides otherwise, on the proposal of the Bureau for that sitting, for
repeating or revealing these outside the Assembly.
A deputy who is alleged to
have committed an offence before or after election shall not be detained,
interrogated, arrested or tried unless the Assembly decides otherwise. This
provision shall not apply in cases where a member is caught in flagrante delicto requiring heavy penalty and in cases subject to Article 14 of the
Constitution as long as an investigation has been initiated before the
election. However, in such situations the competent authority has to notify the
Grand National Assembly of Turkey of the case immediately and directly.
The execution of a criminal
sentence imposed on a member of the Grand National Assembly of Turkey either
before or after his election shall be suspended until he ceases to be a member;
the statute of limitations does not apply during the term of membership.
Investigation and
prosecution of a re-elected deputy shall be subject to the Assembly’s lifting
the immunity anew.
Political party groups in
the Grand National Assembly of Turkey shall not hold debates or take decisions
regarding parliamentary immunity.
5. Loss of membership
ARTICLE 84- (As amended on July 23, 1995; Act No. 4121) The
loss of membership of a deputy who has resigned shall be decided upon by the
Plenary of the Grand National Assembly of Turkey after the Bureau of the Grand
National Assembly of Turkey attests to the validity of the resignation.
The loss of membership,
through a final judicial sentence or deprivation of legal capacity, shall take
effect after the Plenary has been notified of the final court decision on the
matter.
The loss of membership of a
deputy who insists on holding a position or carrying out a service incompatible
with membership according to Article 82 shall be decided by the Plenary through
secret voting, upon the submission of a report drawn up by the authorized committee
setting out the factual situation.
Loss of membership of a
deputy who fails to attend Parliamentary proceedings without excuse or leave of
absence for five sessions, in a period of one month shall be decided upon by
the Plenary with a majority of the total number of members after the Bureau of
the Assembly determines the situation.
(Repealed on September 12,
2010; Act No. 5982)40
6. Application for annulment
ARTICLE 85- (As amended on July 23, 1995; Act No. 4121) If
the parliamentary immunity of a deputy has been lifted or if the loss of
membership has been decided according to the first, third or fourth paragraphs
of Article 84, the deputy in question or another deputy may, within seven days
from the date of the decision of the Plenary, appeal to the Constitutional
Court, for the decision to be annulled on the grounds that it is contrary to
the Constitution, law or the Rules of Procedure. The
7. Salaries and travel
allowances
ARTICLE 86- (As amended on November 21, 2001; Act No. 4720)
Salaries, travel allowances and retirement procedures of the members of the
Grand National Assembly of Turkey shall be regulated by law. The monthly amount
of the salary shall not exceed the salary of the most senior civil servant; the
travel allowance shall not surpass half of that salary. The members of the
Grand National Assembly of Turkey and retired members are affiliated with the
Pension Fund of the
(As amended on November 21,
2001; Act No. 4720) The salaries and allowances to be paid to the members of
the Grand National Assembly of Turkey shall not necessitate the termination of
pensions and similar payments entitled by the Pension Fund of the
A maximum of three months’
salaries and travel allowances may be paid in advance.
II. Duties and powers of the
Grand National Assembly of
A. General
ARTICLE 87- (As amended on October 3, 2001; Act No. 4709,
and on May 7, 2004; Act No. 5170) The duties and powers of the Grand National
Assembly of Turkey are to enact, amend, and repeal laws; to scrutinize the
Council of Ministers and the ministers; to authorize the Council of Ministers;
to issue decrees having the force of law on certain matters; to debate and
adopt the budget bills and final accounts bills; to decide to issue currency
and declare war; to approve the ratification of international treaties, to
decide with the majority of three-fifths of the Grand National Assembly of
Turkey to proclaim amnesty and pardon; and to exercise the powers and carry out
the duties envisaged in the other articles of the Constitution.
B. Introduction and
deliberation of bills
ARTICLE 88- The Council of Ministers and deputies are empowered
to introduce bills.
The procedure and
principles regarding the deliberation of government bills and private members’
bills in the Grand National Assembly of Turkey shall be regulated by the Rules
of Procedure.
C. Promulgation of laws by the
President of the Republic
ARTICLE 89- The President of the Republic shall promulgate the
laws adopted by the Grand National Assembly of Turkey within fifteen days.
(As amended on October 3,
2001; Act No. 4709) The President of the Republic shall send the laws that he
deems, in whole or in part, unsuitable for promulgation, along with the
justification, back to the Grand National Assembly of Turkey for
reconsideration in the same period. In case of being partially deemed
unsuitable by the President of the Republic, the Grand National Assembly of
Turkey may discuss only those articles. Budget laws shall not be subject to
this provision.
If the Grand National
Assembly of Turkey adopts the law sent back for reconsideration without any
amendment, the law shall be promulgated by the President of the Republic; if
the Assembly makes a new amendment to the law, the President of the Republic
may send the amended law back for reconsideration.
Provisions relating to
constitutional amendments are reserved.
D. Ratification of
international treaties
ARTICLE 90- The ratification of treaties concluded with foreign
states and international organisations on behalf of the
Agreements regulating
economic, commercial or technical relations, and covering a period of no more
than one year, may be put into effect through promulgation, provided they do
not entail any financial commitment by the State, and provided they do not interfere
with the status of individuals or with the property rights of Turks abroad. In
such cases, these agreements shall be brought to the knowledge of the Grand
National Assembly of Turkey within two months of their promulgation.
Implementation agreements
based on an international treaty, and economic, commercial, technical, or administrative
agreements, which are concluded depending on the authorization as stated in the
law, shall not require approval of the Grand National Assembly of Turkey.
However, economic, commercial agreements or agreements relating to the rights
of individuals concluded under the provision of this paragraph shall not be put
into effect unless promulgated.
Agreements resulting in
amendments to Turkish laws shall be subject to the provisions of the first
paragraph.
International agreements
duly put into effect have the force of law. No appeal to the
(Sentence added on May 7,
2004; Act No. 5170) In the case of a conflict between international agreements,
duly put into effect, concerning fundamental rights and freedoms and the laws
due to differences in provisions on the same matter, the provisions of
international agreements shall prevail.
E. Authorization to issue
decrees having the force of law
ARTICLE 91- The Grand National Assembly of Turkey may
empower the Council of Ministers to issue decrees having the force of law.
However, with the exception of martial law and states of emergency, the
fundamental rights, individual rights and duties included in the first and
second chapters and the political rights and duties listed in the fourth
chapter of the second part of the Constitution, shall not be regulated by
decrees having the force of law.
The empowering law shall
define the purpose, scope, and principles of the decree having the force of
law, the operative period of the empowering law, and whether more than one
decree will be issued within the same period.
Resignation or fall of the
Council of Ministers, or expiration of the legislative term shall not cause the
termination of the power conferred for the given period.43
When approving a decree
having the force of law by the Grand National Assembly of Turkey before the end
of the prescribed period, it shall also be stated whether the power has
terminated or will continue until the expiry of the period.
Provisions related to
issuing decree having the force of law issued by the Council of Ministers
meeting under the chairpersonship of the President of the Republic in time of
martial law or states of emergency, are reserved.
Decrees having the force of
law shall come into force on the day of their publication in the Official
Gazette. However, a later date may be indicated in the decree as the date of
entry into force.
Decrees shall be submitted
to the Grand National Assembly of Turkey on the day of their publication in the
Official Gazette.
Empowering laws, and
decrees having the force of law which are based on them, shall be debated in
the committees and in the Plenary of the Grand National Assembly of Turkey with
priority and urgency.
Decrees not submitted to
the Grand National Assembly of Turkey on the day of their publication shall
cease to have effect on that day and decrees rejected by the Grand National
Assembly of Turkey shall cease to have effect on the day of publication of the resolution
in the Official Gazette. The amended provisions of the decrees that are
approved as amended shall go into force on the day of their publication in the
Official Gazette.
F. Declaration of state of war
and authorization to deploy the armed forces
ARTICLE 92- The power to authorize the declaration of a
state of war in cases deemed legitimate by international law and except where
required by international treaties to which Turkey is a party or by the rules
of international courtesy to send the Turkish Armed Forces to foreign countries
and to allow foreign armed forces to be stationed in Turkey, is vested in the
Grand National Assembly of Turkey.
If the country is subjected
to sudden armed aggression, while the Grand National Assembly of Turkey is
adjourned or in recess, and it thus becomes imperative to decide immediately on
the use of the armed forces, the President of the Republic can decide on the
use of the Turkish Armed Forces.
III. Provisions relating to
the activities of the Grand National Assembly of
A. Convening and recess
ARTICLE 93- (As amended on July 23, 1995; Act No. 4121) The
Grand National Assembly of Turkey shall convene of its own accord on the first
day of October each year.
The Assembly may be in recess
for a maximum of three months in a legislative year; during adjournment or
recess it may be summoned by the President of the Republic either on his own initiative
or at the request of the Council of Ministers.
The Speaker of the Assembly
may also summon the Assembly either on his own initiative or at the written
request of one fifth of the members.
The Grand National Assembly
of Turkey convened during an adjournment or recess shall not adjourn or go into
recess again before having given priority consideration to the matter requiring
the summons.
B. Bureau of the Assembly
ARTICLE 94- The Bureau of the Assembly of the Grand National
Assembly of Turkey shall be composed of the Speaker, vicespeakers, secretaries,
and quaestors elected from among members of the Assembly.
The Bureau of the Assembly
shall be so composed as to ensure proportionate representation to the number of
members of each political party group in the Assembly. Political party groups
shall not nominate candidates for the Office of the Speaker.
(As amended on September
12, 2010; Act No. 5982) Two elections to the Bureau of the Grand National
Assembly of Turkey shall be held in one legislative term. The term of office of
those elected in the first round is two years and the term of office of those
elected in the second round shall continue until the end of that legislative
term.
(As amended on October 3,
2001; Act No. 4709) The candidates from among the members of the Assembly for
the Office of the Speaker of the Grand National Assembly of Turkey shall be
announced, within five days of the convening of the Assembly, to the Bureau of the
Assembly. Election of the Speaker shall be held by secret ballot.
In the first two ballots, a
two-thirds majority of the total number of members, and in the third ballot an
absolute majority of the total number of members is required. If an absolute
majority cannot be obtained in the third ballot, a fourth ballot shall be held
between the two candidates who have received the highest number of votes in the
third ballot; the member who receives the greatest number of votes in the
fourth ballot shall be elected as Speaker. The election of the Speaker shall be
completed within five days after the expiry of the period for the nomination of
candidates.
The quorum required for
election, the number of ballots and its procedure, the number of vice-speakers,
secretaries and quaestors, shall be determined by the Rules of Procedure.
The Speaker and
vice-speakers of the Grand National Assembly of Turkey cannot participate, within
or outside the Assembly, in the activities of the political party or party
group in which they are a member; nor in parliamentary debates, except in cases
required by their functions; the Speaker and the vice-speaker who is presiding over
the session shall not vote.
C. Rules of Procedure,
political party groups and security affairs
ARTICLE 95- The Grand National Assembly of Turkey shall carry
out its activities in accordance with the provisions of the Rules of Procedure
drawn up by itself.
The provisions of the Rules
of Procedure shall be drawn up in such a way as to ensure the participation of
each political party group in all the activities of the Assembly in proportion
to its number of members. Political party groups shall be constituted only if
they have at least twenty members.
All security and
administrative services of the Grand National Assembly of Turkey regarding all
buildings, installations, annexes and lands shall be organised and directed by
the Office of the Speaker of the Assembly. Sufficient forces to ensure security
and other such services shall be allocated to the Office of the Speaker of the
Assembly by the relevant authorities.46
D. Quorums and majority for
decisions
ARTICLE 96- (As amended on October 21, 2007; Act No. 5678)
The Grand National Assembly of Turkey shall convene with at least one-third of
the total number of members for all its affairs, including elections it holds.
Unless otherwise stipulated in the Constitution, the Grand National Assembly of
Turkey shall take decisions by an absolute majority of those present; however,
the majority for decision can, under no circumstances, be less than one plus a
quarter of the total number of members.
Members of the Council of
Ministers may delegate a minister to vote on their behalf in sessions of the
Grand National Assembly of Turkey that they are unable to attend. However, a
minister shall not cast more than two votes including his/her own.
E. Publicity and publication
of debates
ARTICLE 97- Debates held in the Plenary of the Grand National
Assembly of Turkey shall be public and shall be published verbatim in the
Journal of Minutes.
The Grand National Assembly
of Turkey may hold closed sittings in accordance with the provisions of the
Rules of Procedure; the publication of debates of such sittings shall be
subject to the decision of the Grand National Assembly of Turkey.
Public debates in the
Assembly may be freely published through all means, unless a decision to the
contrary is adopted by the Assembly upon a proposal of the Bureau.
A. General
ARTICLE 98- The Grand National Assembly of Turkey shall exercise
its supervisory power by means of question, parliamentary inquiry, general
debate, censure and parliamentary investigations.
A question is a request for
information addressed to the Prime Minister or ministers to be answered orally
or in writing on behalf of the Council of Ministers.
A parliamentary inquiry is
an examination conducted to obtain information on a specific subject.47
A general debate is the
consideration of a specific subject relating to the community and the
activities of the State at the Plenary of the Grand National Assembly of
Turkey.
The form of presentation,
content, and scope of the motions concerning question, parliamentary inquiry
and general debate, and the procedures for answering, debating and inquiring
them, shall be regulated by the Rules of Procedure.
B. Censure
ARTICLE 99- A motion of censure shall be tabled on behalf of
a political party group or by the signature of at least twenty deputies.
A motion of censure shall
be printed and circulated to members within three days after being tabled;
inclusion of a motion of censure on the agenda shall be debated within ten days
of its circulation. In this debate, only one of the signatories to the motion,
one deputy on behalf of each political party group, and the Prime Minister or
one minister on behalf of the Council of Ministers, may take the floor.
Together with the decision to
include the motion of censure on the agenda, the date for debating it shall
also be decided; however, the debate on censure shall not take place sooner
than two days after the decision to place it on the agenda and shall not be
deferred more than seven days.
During the debates on the
censure, a motion of no-confidence with a statement of reasons tabled by
deputies or party groups, or the request for a vote of confidence by the
Council of Ministers shall be put to the vote only after a full day has elapsed.
In order to unseat the
Council of Ministers or a minister, a vote of an absolute majority of the total
number of members is required in the voting, in which only the votes of
no-confidence shall be counted.
Other provisions concerning
censure, as long as they are consistent with the smooth functioning of the
Assembly and do comply with the above-mentioned principles, shall be determined
in the Rules of Procedure.
C. Parliamentary investigation
ARTICLE 100- (As amended on October 3, 2001; Act No. 4709) Parliamentary
investigation may be requested against the Prime Minister or ministers through
a motion tabled by at least one-tenth of the total number of members of the
Grand National Assembly of Turkey. The Assembly shall debate and decide on this
request through secret ballot within one month at the latest.
If a decision to launch an
investigation is made, the investigation shall be conducted by a committee of
fifteen members, chosen by lot, for each political party in the Assembly,
separately from among three times candidates nominated for each seat reserved
to party groups in proportion to their strength. The committee shall submit its
report on the result of the investigation to the Assembly within two months.
If the investigation is not
completed within the time allotted, the committee shall be granted a further
and final period of two months.
(Sentence added on October
3, 2001; Act No. 4709) At the end of this period, the report shall be submitted
to the Office of the Speaker of the Grand National Assembly of Turkey.
(As amended on October 3,
2001; Act No. 4709) Following its submission to the Office of the Speaker, the
report shall be distributed to the members within ten days and debated within
ten days after its distribution and, if deemed necessary, a decision may be
taken to bring the person involved before the Supreme Court. The decision to
bring a person before the Supreme Court shall be taken through a secret ballot
only by an absolute majority of the total number of members.
Political party groups in
the Assembly shall not hold discussions or take decisions regarding
parliamentary investigations.
CHAPTER TWO
The Executive Power
I. President of the Republic
A. Qualifications and
impartiality
ARTICLE 101- (As amended on October 21, 2007; Act No. 5678)
The President of the
Republic shall be elected by the public from among the members of the Grand
National Assembly of Turkey who are over forty years of age and have completed
higher education, or from among Turkish citizens who fulfil these requirements
and are eligible to be deputies.
The President of the
Republic’s term of office shall be five years.
A person may be elected as
President of the Republic for two terms at most.
Nomination of a candidate
for the Presidency from among the members of the Grand National Assembly of
Turkey or from outside of the Assembly shall require a written proposal of
twenty deputies.
Furthermore, political
parties with more than ten percent of the valid votes in sum in the latest
parliamentary elections may nominate a joint candidate.
If the President-elect is a
member of a party, his/her relationship with his party shall be severed and
his/her membership of the Grand National Assembly of Turkey shall cease.
B. Election
ARTICLE 102- (As amended on October 21, 2007; Act No. 5678)
The election of the
President of the Republic shall be concluded within sixty days before the term
of office of the incumbent President of the Republic expires; or within sixty
days after the presidency falls vacant for any reason.
In presidential elections
conducted by universal suffrage, the candidate who receives the absolute
majority of the valid votes shall be elected President of the Republic. If this
majority cannot be obtained in the first ballot, the second ballot shall be
held on the second Sunday following this ballot. The two candidates who receive
the greatest number of votes in first ballot run for the second ballot, and the
candidate who receives majority of valid votes shall be elected President of
the Republic.
If one of the candidates
who gains the right to run for the second ballot dies or loses his/her
eligibility, the second ballot shall be conducted by substituting the vacant
candidacy in conformity with the ranking in the first ballot. If only one
candidate remains for the second ballot, this ballot shall be conducted as a
referendum. If the candidate receives the majority of the valid votes, he/she
shall be elected President of the Republic.
The term of office of the
incumbent President of the Republic shall continue until the President-elect
takes the office.50
The procedures and
principles concerning presidential elections shall be regulated by law.
C. Oath-taking
ARTICLE 103- On assuming office, the President of the Republic
shall take the following oath before the Grand National Assembly of Turkey:
“In my capacity as
President of the Republic, I swear upon my honour and integrity before the
Great Turkish Nation and before history to safeguard the existence and
independence of the state, the indivisible integrity of the country and the
nation, and the absolute sovereignty of the nation, to abide by the
Constitution, the rule of law, democracy, the principles and reforms of
Atatürk, and the principles of the secular republic, not to deviate from the
ideal according to which everyone is entitled to enjoy human rights and
fundamental freedoms under conditions of national peace and prosperity and in a
spirit of national solidarity and justice, and do my utmost to preserve and
exalt the glory and honour of the Republic of Turkey and perform without bias
the functions that I have assumed.”
D. Duties and powers
ARTICLE 104- The President of the Republic is the head of the
State. In this capacity, he/she shall represent the
To this end, the duties
he/she shall perform, and the powers he/she shall exercise, in accordance with
the conditions stipulated in the relevant articles of the Constitution are as
follows:
a) Those relating to
legislation:
To deliver, if he/she deems
it necessary, the opening speech of the Grand National Assembly of Turkey on
the first day of the legislative year,
To summon the Grand National
Assembly of Turkey, when necessary,
To promulgate laws,
To send laws back to the
Grand National Assembly of Turkey to be reconsidered,
To submit to referendum, if
he/she deems it necessary, laws regarding amendment to the Constitution.
To appeal to the
and the Rules of Procedure
of the Grand National Assembly of
To decide to renew
elections for the Grand National Assembly of Turkey.
b) Those relating the
executive:
To appoint the Prime
Minister and to accept his/her resignation,
To appoint and dismiss
ministers on the proposal of the Prime Minister,
To preside over the Council
of Ministers or to call the Council
of Ministers to meet under
his/her chairpersonship whenever he/she deems it necessary,
To accredit representatives
of the
To ratify and promulgate
international treaties,
To represent the Office of
Commander-in-Chief of the Turkish Armed Forces on behalf of the Grand National
Assembly of Turkey,
To decide on the use of the
Turkish Armed Forces,
To appoint the Chief of the
General Staff,
To call the National
Security Council to meet,
To preside over the
National Security Council,
To proclaim martial law or
state of emergency, and to issue decrees having the force of law, by the
decisions of the Council of Ministers under his/her chairpersonship,
To sign decrees,
To remit or commute the
sentences imposed on certain individuals, on grounds of chronic illness,
disability or old age, 52
To appoint the members and
the chairperson of the State Supervisory Council,
To instruct the State
Supervisory Council to carry out inquiries, investigations and inspections,
To appoint the members of
the Council of Higher Education,
To appoint president of
universities.
c) Those relating to the
judiciary:
To appoint the members of
the Constitutional Court, onefourth of the members of the Council of State, the
Chief Public Prosecutor and the Deputy Chief Public Prosecutor of the High
Court of Appeals, the members of the High Military Court of Appeals, the members
of High Military Administrative Court and the members of the High Council of
Judges and Prosecutors.
The President of the
Republic shall also exercise powers of election and appointment, and perform
the other duties conferred on him/her by the Constitution and laws.
E. Presidential accountability
and non-accountability
ARTICLE 105- All presidential decrees, except those which the
President of the Republic is empowered to enact individually without the
signatures of the Prime Minister and the minister concerned in accordance with
the provisions of the Constitution and other laws, shall be signed by the Prime
Minister and the ministers concerned; the Prime Minister and the minister
concerned shall be accountable for these decrees.
No appeal shall be made to
any judicial authority, including the Constitutional Court, against the
decisions and orders signed by the President of the Republic on his/her own
initiative.
The President of the
Republic may be impeached for high treason on the proposal of at least one-third
of the total number of members of the Grand National Assembly of Turkey, and by
the decision of at least three-fourths of the total number of members.
F. Acting for the President of
the Republic
ARTICLE 106- In the event of a temporary absence of the President
of the Republic on account of illness, travel abroad or similar circumstances,
until the President of the Republic resumes his/her functions, and in the event
that the Presidency falls vacant as a result of death or resignation or for any
other reason, until the election of a new President of the Republic, the
Speaker of the Grand National Assembly of Turkey shall serve as Acting
President of the Republic and exercise the powers of the President of the
Republic.
G. General Secretariat of the
President of the Republic
ARTICLE 107- The establishment, the principles of organization
and functioning, and the personnel appointment proceedings of General
Secretariat of the Presidency shall be regulated by presidential decrees.
H. State Supervisory Council
ARTICLE 108- The State Supervisory Council which shall be
attached to the Office of the Presidency of the Republic, with the purpose of
ensuring the lawfulness, regular and efficient functioning and improvement of
administration, conduct all inquiries, investigations and inspections of all
public bodies and organizations, all enterprises in which those public bodies
and organizations share more than half of the capital, public professional
organizations, employers’ associations and labour unions at all levels, and
public welfare associations and foundations, upon the request of the President
of the Republic.
The armed forces and
judicial organs are outside the jurisdiction of the State Supervisory Council.
The members and the
Chairperson from among the members of the State Supervisory Council shall be
appointed by the President of the Republic from among those with the
qualifications set forth in the law.
The functioning of the
State Supervisory Council, the term of office of its members, and other
personnel matters relating to their status shall be regulated by law.
II. Council of Ministers
A. Formation
ARTICLE 109- The Council of Ministers shall consist of the Prime
Minister and the ministers.
The Prime Minister shall be
appointed by the President of the Republic from among the members of the Grand
National Assembly of Turkey.
The ministers shall be
nominated by the Prime Minister and appointed by the President of the Republic,
from among the members of the Grand National Assembly of Turkey, or from among
those eligible to be elected as deputies; and they can be dismissed, by the President
of the Republic, upon the proposal of the Prime Minister when deemed necessary.
B. Taking office and vote of
confidence
ARTICLE 110- The complete list of the Council of Ministers shall
be submitted to the Grand National Assembly of Turkey. If the Grand National
Assembly of Turkey is in recess, it shall be summoned.
The program of the Council
of Ministers shall be read out by the Prime Minister or by one of the ministers
before the Grand National Assembly of Turkey within a week, at the latest, of
the formation of the Council of Ministers and a vote of confidence shall be
held.
Debate on the vote of
confidence shall begin after two complete days elapse from the date the program
is read out and the vote shall be held after one complete day elapses from the
end of debate.
C. Vote of confidence while in
office
ARTICLE 111- If the Prime Minister deems it necessary, he/she
may ask for a vote of confidence in the Grand National Assembly of Turkey after
discussing the matter in the Council of Ministers.
The request for a vote of
confidence shall not be debated before one complete day elapses from the time
of its submission to the Grand National Assembly of Turkey and shall not be put
to the vote until one complete day elapses after debate.
A request for a vote of
confidence shall be rejected only by an absolute majority of the total number
of members.
D. Functions and political
responsibilities
ARTICLE 112- The Prime Minister, as chairperson of the Council
of Ministers, shall ensure cooperation among the ministries, and supervise the
implementation of the government’s general policy. The Council of Ministers has
collective responsibility for the implementation of this policy.
Each minister shall be
responsible to the Prime Minister, for the conduct of affairs under his/her
jurisdiction, and for the acts and activities of his/her subordinates.
The Prime Minister shall
ensure that the ministers exercise their functions in accordance with the Constitution
and the laws and shall take corrective measures to this end.
The members of the Council
of Ministers who are not deputies shall take their oaths before the Grand
National Assembly of Turkey,
as written in Article 81,
and during their term of office as ministers, they shall abide by the rules and
conditions to which deputies are subject and shall enjoy parliamentary
immunity. They receive the same salaries and allowances as members of the Grand
National Assembly of Turkey.
E. The formation of ministries,
and ministers
ARTICLE 113- The formation, abolition, functions, powers and
organisation of the ministries shall be regulated by law.
A minister may temporarily
act for another if a ministerial position becomes vacant or if the minister is
on leave or excused.
However, a minister shall
not act for more than one minister.
A minister who is brought
before the Supreme Court by decision of the Grand National Assembly of Turkey,
shall lose his/her ministerial status. If the Prime Minister is brought before
the Supreme Court, the Government shall be considered to have resigned.
If a ministerial position
becomes vacant for any reason, a new appointment shall be made within fifteen
days at the latest.
F. Provisional Council of
Ministers during elections
ARTICLE 114- The Ministers of Justice, Internal Affairs, and Transportation
shall resign prior to general elections to the Grand National Assembly of
Turkey. Three days before elections begin or in the event of a decision to hold
new elections before the end of the election term, within five days of this
decision, the Prime Minister shall appoint independent persons from within or
outside the Grand National Assembly of Turkey to these ministries.
In the event of a decision
to hold new elections under Article 116, the Council of Ministers shall resign
and the President of the Republic shall appoint a Prime Minister to form a
provisional Council of Ministers.
The provisional Council of
Ministers shall be composed of members of the political party groups in proportion
to their parliamentary membership with the exception of the ministers of
Justice, Internal Affairs, and Transportation, who shall be independent persons
appointed from within or outside the Grand National Assembly of Turkey.
The number of members to be
taken from political party groups shall be determined by the Speaker of the
Grand National Assembly of Turkey, and shall be communicated to the Prime
Minister. Party members who do not accept the ministerial posts offered to them
or who subsequently resign shall be replaced by independent persons from within
or outside the Grand National Assembly of Turkey.
The provisional Council of
Ministers shall be formed within five days of publication in the Official
Gazette of the decision to hold new elections.
The provisional Council of
Ministers shall not be subject to a vote of confidence.
The provisional Council of
Ministers shall remain in office for the duration of the elections and until
the new Assembly convenes.
G. Regulations
ARTICLE 115- The Council of Ministers may issue regulations
indicating the implementation of laws or designating matters ordered by law, as
long as they do not conflict with laws, and are examined by the Council of
State.
Regulations shall be signed
by the President of the Republic and promulgated in the same manner as laws.
H. Renewal of elections to the
Grand National Assembly of
ARTICLE 116- In cases where the Council of Ministers fails to
receive a vote of confidence under Article 110 or falls by a vote of no-confidence
under Article 99 or 111, if a new Council of Ministers cannot be formed within
forty-five days or fails to receive a vote of confidence, the President of the
Republic, in consultation with the Speaker of the Grand National Assembly of
Turkey, may decide to renew the elections.
If a new Council of
Ministers cannot be formed within forty-five days of the resignation of the
Prime Minister without being defeated by a vote of no-confidence or also within
forty-five days of elections for the Bureau of the newly elected Grand National
Assembly of Turkey, the President of the Republic may likewise, in consultation
with the Speaker of the Grand National Assembly of Turkey, decide to renew the
elections.
The decision on the renewal
of elections shall be published in the Official Gazette and the election shall
be held.
I. National defence
1. Offices of
Commander-in-Chief and Chief of the General Staff
ARTICLE 117- The Office of Commander-in-Chief is inseparable
from the spiritual existence of the Grand National Assembly of Turkey and is
represented by the President of the Republic.
The Council of Ministers
shall be responsible to the Grand National Assembly of Turkey for national
security and for the preparation of the armed forces for the defence of the
country.
The Chief of the General
Staff is the commander of the armed forces, and in time of war, exercises the
duties of Commander-in-Chief on behalf of the President of the Republic.
The Chief of the General
Staff shall be appointed by the President of the Republic following the
proposal of the Council of Ministers. His/her duties and powers shall be
regulated by law. The Chief of the General Staff shall be responsible to the
Prime Minister in the exercise of his/her duties and powers.
The functional relations of
the Ministry of National Defence with the Chief of the General Staff and the
Commanders of the Armed Forces and its scope of jurisdiction shall be regulated
by law.
2. National Security Council
ARTICLE 118- (As amended on October 3, 2001; Act No. 4709)
The National Security Council shall be composed of the Prime Minister, the
Chief of the General Staff, deputy prime ministers, ministers of Justice,
National Defence, Internal Affairs, and Foreign Affairs, the commanders of the
Land, Naval and Air Forces and the General Commander of the Gendarmerie, under
the chairpersonship of the President of the Republic.58
Depending on the
particulars of the agenda, ministers and other persons concerned may be invited
to meetings of the Council and their views heard.
(As amended on October 3,
2001; Act No. 4709) The National Security Council shall submit to the Council
of the Ministers the advisory decisions taken with regard to the formulation, determination,
and implementation of the national security policy of the State and its views
on ensuring the necessary coordination.
The Council of Ministers
shall evaluate decisions of the National Security Council concerning the
measures that it deems necessary for the preservation of the existence and
independence of the State, the integrity and indivisibility of the country, and
the peace and security of society.
The agenda of the National
Security Council shall be drawn up by the President of the Republic taking into
account the proposals of the Prime Minister and the Chief of the General Staff.
In the absence of the
President of the Republic, the National Security Council shall convene under
the chairpersonship of the Prime Minister.
The organization and duties
of the General Secretariat of the National Security Council shall be regulated
by law.
III. Extraordinary
administration procedures
A. States of emergency
1. Declaration of state of
emergency because of natural disaster or serious economic crisis
ARTICLE 119- In the event of natural disaster, dangerous epidemic
diseases or a serious economic crisis, the Council of Ministers meeting under
the chairpersonship of the President of the Republic may declare a state of
emergency in one or more regions or throughout the country for a period not
exceeding six months.
2. Declaration of state of
emergency because of widespread acts of violence and serious deterioration of
public order
ARTICLE 120- In the event of serious indications of widespread
acts of violence aimed at the destruction of the free democratic order
established by the Constitution or of fundamental rights and freedoms, or
serious deterioration of public order because
of acts of violence, the
Council of Ministers, meeting under the chairpersonship of the President of the
Republic, after consultation with the National Security Council, may declare a
state of emergency in one or more regions or throughout the country for a
period not exceeding six months.
3. Rules regarding the states
of emergency
ARTICLE 121- In the event of a declaration of a state of emergency
under the provisions of Articles 119 and 120 of the Constitution, this decision
shall be published in the Official Gazette and shall be immediately submitted
to the Grand National Assembly of Turkey for approval. If the Grand National
Assembly of Turkey is in recess, it shall be immediately assembled. The
Assembly may alter the duration of the state of emergency, may extend the
period for a maximum of four months each time at the request of the Council of Ministers,
or may lift the state of emergency.
The financial, material and
labour obligations which are to be imposed on citizens in the event of the
declaration of state of emergency under Article 119 and the manner how
fundamental rights and freedoms shall be restricted or suspended in line with the
principles of Article 15, how and by what means the measures necessitated by
the situation shall be taken, what sorts of powers shall be conferred on public
servants, what kinds of changes shall be made in the status of officials as
long as they are applicable to each kinds of states of emergency separately,
and the extraordinary administration procedures, shall be regulated by the Act
on State of Emergency.
During the state of
emergency, the Council of Ministers, meeting under the chairpersonship of the
President of the Republic, may issue decrees having the force of law on matters
necessitated by the state of emergency. These decrees shall be published in the
Official Gazette, and shall be submitted to the Grand National Assembly of Turkey
on the same day for approval; the time limit and procedure for their approval
by the Assembly shall be indicated in the Rules of Procedure.
B. Martial law, mobilization
and state of war
ARTICLE 122- The Council of Ministers, under the chairpersonship
of the President of the Republic, after consultation with the National Security
Council, may declare martial law in one or more regions or throughout the
country for a period not exceeding six months in the event of widespread acts
of violence which are aimed at the destruction of the free democratic order or
the fundamental rights and freedoms embodied in the Constitution and more
dangerous than the cases necessitating a state of emergency; or in the event of
war, the emergence of a situation necessitating war, an uprising, or the spread
of violent and strong rebellious actions against the motherland and the
Republic, or widespread acts of violence of internal or external origin
threatening the indivisibility of the country and the nation. This decision
shall be published immediately in the Official Gazette, and shall be submitted
for approval to the Grand National Assembly of Turkey, on the same day. If the
Grand National Assembly of Turkey is not in session, it shall be immediately
assembled. The Grand National Assembly of Turkey may, when it deems necessary,
reduce or extend the period of martial law or lift it.
During the period of
martial law, the Council of Ministers, meeting under the chairpersonship of the
President of the Republic, may issue decrees having the force of law on matters
necessitated by the state of martial law.
These decrees shall be
published in the Official Gazette and shall be submitted for approval to the
Grand National Assembly of Turkey on the same day. The time limit and procedure
for their approval by the Assembly shall be indicated in the Rules of
Procedure.
Extension of the period of
martial law, for a maximum of four months each time, shall require a decision
by the Grand National Assembly of Turkey. In the event of state of war, the
limit of four months does not apply.
In the event of martial
law, mobilization and state of war, the provisions to be applied and conduct of
affairs, relations with the administration, the manner in which freedoms are to
be restricted or suspended and the obligations to be imposed on citizens in a
state of war or in the event of emergence of a situation necessitating war,
shall be regulated by law.
The martial law commanders
shall exercise their duties under the authority of the Chief of the General
Staff.
IV. Administration
A. Fundamentals of the
administration
1. Integrity of the
administration and public legal personality
ARTICLE 123- The administration forms a whole, with regard to
its constitution and functions, and shall be regulated by law.
The organization and
functions of the administration are based on the principles of centralization
and decentralization.
Public corporate bodies
shall be established only by law, or by the authority expressly granted by law.
2. By-laws
ARTICLE 124- The Prime Ministry, the ministries, and public
corporate bodies may issue by-laws in order to ensure the implementation of
laws and regulations relating to their jurisdiction, as long as they are not
contrary to these laws and regulations.
The law shall designate
which by-laws are to be published in the Official Gazette.
B. Judicial review
ARTICLE 125- Recourse to judicial review shall be available against
all actions and acts of administration. (Sentences added on August 13, 1999;
Act No. 4446) In concession, conditions and contracts concerning public
services and national or international arbitration may be suggested to settle
the disputes arising from them.
Only those disputes
involving an element of foreignness may be submitted to international
arbitration.
The acts of the President
of the Republic in his/her own competence, and the decisions of the Supreme
Military Council are outside the scope of judicial review. (Sentence added on
September 12, 2010; Act No. 5982) Nonetheless, recourse to judicial review
shall be available against all decisions taken by the Supreme Military Council regarding
expulsion from the armed forces except acts regarding promotion and retiring
due to lack of tenure.
Time limit to file a
lawsuit against an administrative act begins from the date of written
notification of the act.
(As amended on September
12, 2010; Act No. 5982) Judicial power is limited to the review of the legality
of administrative actions and acts, and in no case may it be used as a review
of expediency.
No judicial ruling shall be
passed which restricts the exercise of the executive function in accordance
with the forms and principles prescribed by law, which has the quality of an
administrative action and act, or which removes discretionary powers.
A justified decision
regarding the suspension of execution of an administrative act may be issued,
should its implementation result in damages which are difficult or impossible
to compensate for and, at the same time, the act would be clearly unlawful.
The law may restrict the
issuing of an order on suspension of execution of an administrative act in
cases of state of emergency, martial law, mobilization and state of war, or on
the grounds of national security, public order and public health.
The administration shall be
liable to compensate for damages resulting from its actions and acts.
C. Establishment of the
administration
1. Central administration
ARTICLE 126- In terms of central administrative structure,
The administration of the
provinces is based on the principle of devolution of powers.
Central administrative
organizations comprising several provinces may be established to ensure
efficiency and coordination of public services. The functions and powers of
these organizations shall be regulated by law.
2. Local administrations
ARTICLE 127- Local administrations are public corporate bodies
established to meet the common local needs of the inhabitants of provinces,
municipal districts and villages, whose principles of constitution and
decision-making organs elected by the electorate are determined by law.
The formation, duties and
powers of the local administrations shall be regulated by law in accordance
with the principle of local administration.
(As amended on July 23,
1995; Act No. 4121) The elections for local administrations shall be held every
five years in accordance with the principles set forth in Article 67. However,
general elections or by-elections for local administrative bodies or for
members thereof, which are to be held within a year before or after the general
elections or by-elections for deputies, shall be held simultaneously with the general
elections or by-elections for deputies. Special administrative arrangements may
be introduced by law for larger urban centres.
Loss of status and
objections regarding the acquisition of the status of elected organs of local
administrations shall be decided by judiciary. However, as a provisional
measure until the final court judgment, the Minister of Internal Affairs may
remove from office those organs of local administration or their members
against whom an investigation or prosecution has been initiated on grounds of offences
related to their duties.
The central administration
has the power of administrative tutelage over the local administrations in the
framework of principles and procedures set forth by law with the objective of
ensuring the functioning of local services in conformity with the principle of
the integrity of the administration, securing uniform public service, safeguarding
the public interest and meeting local needs properly.
The formation of local
administrative bodies into a union with the permission of the Council of
Ministers for the purpose of performing specific public services; and the
functions, powers, financial and security arrangements of these unions, and
their reciprocal ties and relations with the central administration, shall be
regulated by law. These administrative bodies shall be allocated financial
resources in proportion to their functions.
D. Provisions relating to
public servants
1. General principles
ARTICLE 128- The fundamental and permanent functions required
by the public services that the State, state economic enterprises and other
public corporate bodies assigned to perform in accordance with principles of
general administration, shall be carried out by public servants and other
public employees.
The qualifications,
appointments, duties and powers, rights and responsibilities, salaries and
allowances of public servants and other public officials, and other matters
related to their status shall be regulated by law. (Sentence added by September
12, 2010; Act No. 5982) However, provisions on collective agreement concerning financial
and social rights are reserved.
The procedure and
principles governing the training of high rank administrators shall be
specially regulated by law.
2. Duties and responsibilities,
and guarantees in disciplinary proceedings
ARTICLE 129- Public servants and other public officials are obliged
to carry out their duties with loyalty to the Constitution and the laws.
Public servants, other
public officials and members of public professional organizations or their
higher bodies shall not be subjected to disciplinary penalties without being
granted the right of defence.
(As amended on September
12, 2010; Act No. 5982) Disciplinary decisions shall not be exempt from
judicial review.
Provisions concerning the
members of the armed forces, judges and prosecutors are reserved.
Compensation suits
concerning damages arising from faults committed by public servants and other
public officials in the exercise of their duties shall be filed only against
the administration in accordance with the procedure and conditions prescribed
by law, as long as the compensation is recoursed to them.
Prosecution of public
servants and other public officials for alleged offences shall be subject,
except in cases prescribed by law, to the permission of the administrative
authority designated by law.
E. Institutions of higher
education and their higher bodies
1. Institutions of higher
education
ARTICLE 130- For the purpose of training manpower to meet the
needs of the nation and the country under a system of contemporary education
principles, universities comprising several units and having scientific
autonomy and public legal personality shall be established by the State and by
law, to educate at different levels based on secondary education, to conduct
research, to issue publications, to act as consultants, and to serve the
country and humanity.
Institutions of higher
education may be established, under the supervision and control of the State,
by foundations in accordance with the procedures and principles set forth in
the law as long as they do not pursue profit.
The law shall provide for a
balanced geographical distribution of universities throughout the country.
Universities, members of
the teaching staff and their assistants may freely engage in all kinds of
scientific research and publication.
However, this shall not
include the liberty to engage in activities against the existence and
independence of the State, and against the integrity and indivisibility of the
nation and the country.
Universities and units
attached to them are under the supervision and inspection of the State and
their security is ensured by the State.
University presidents shall
be elected and appointed by the President of the Republic, and faculty deans by
the Council of Higher Education, in accordance with the procedures and
provisions of the law.
The administrative and
supervisory organs of the universities and the teaching staff may not for any
reason whatsoever be removed from their office by authorities other than those
of the competent organs of the universities or by the Council of Higher
Education.
(As amended on October 29,
2005; Act No. 5428) The budgets drawn up by universities, after being examined
and approved by the Council of Higher Education shall be submitted to the
Ministry of National Education, and shall be put into effect and supervised in conformity
with the principles applied to central government budget.
The establishment of
institutions of higher education, their organs, their functioning and
elections, their duties, authorities and responsibilities, the procedures to be
followed by the state in the exercise of the right to supervise and inspect the
universities, the duties of the teaching staff, their titles, appointments,
promotions and retirement, the training of the teaching staff, the relations of
the universities and the teaching staff with public institutions and other
organizations, the level and duration of education, admission of students into
institutions of higher education, attendance requirements and fees, principles
relating to assistance to be provided by the State, disciplinary and penalty
matters, financial affairs, personnel rights, rules to be abided by the
teaching staff, the assignment of the teaching staff in accordance with
inter-university requirements, the pursuance of training and education in
freedom and under guarantee and in accordance with the requirements of contemporary
science and technology, and the use of financial resources provided by the
State to the Council of Higher Education and the universities, shall be
regulated by law.
Institutions of higher
education established by foundations shall be subject to the provisions set
forth in the Constitution for institutions of higher education established by
the State, as regards the academic activities, recruitment of teaching staff
and security, except for financial and administrative matters.
2. Superior bodies of higher
education
ARTICLE 131- The Council of Higher Education shall be established
to plan, organize, administer, and supervise education provided by institutions
of higher education, to orient teaching activities, education and scientific
research, to ensure the establishment and development of these institutions in
conformity with the objectives and principles set forth by law, to ensure the effective
use of the resources allotted to the universities, and to plan for the training
of the teaching staff.
(As amended on May 7, 2004;
Act No. 5170) The Council of Higher Education is composed of members appointed
by the President of the Republic from among candidates who are nominated by the
Council of Ministers and universities, and in accordance with the numbers,
qualifications and election procedures prescribed by law, priority being given
to those who have served successfully as faculty members or university
presidents, and of members directly appointed by the President of the Republic.
The organization,
functions, authority, responsibilities and operating principles of the Council
shall be regulated by law.67
3. Institutions of higher
education subject to special provisions
ARTICLE 132- Institutions of higher education attached to the
Turkish Armed Forces and to the national police organization are subject to the
provisions of their respective special laws.
F. Radio and Television
Supreme Council, institutions of radio and television, and public affiliated
news agencies
ARTICLE 133- (As amended on July 8, 1993; Act No. 3913) Radio
and television stations shall be established and operated freely in conformity
with rules to be determined by law.
(Paragraph added on June
21, 2005; Act No. 5370) The Radio and Television Supreme Council, established
for the purpose of regulation and supervision of radio and television
activities, is composed of nine members. The members are elected, on the basis of
number of members allocated to each political party group, by the Plenary of
the Grand National Assembly of Turkey from among the candidates, twice the
number of which is nominated by political party groups in proportion to their
number of members. The formation, duties and powers of the Radio and Television
Supreme Council, and qualifications, election procedures and term of office of
its members shall be regulated by law.
The unique radio and television
institution established by the State as a public corporate body and the news
agencies which receive aid from public corporate bodies shall be autonomous and
their broadcasts shall be impartial.
G. The Atatürk High
Institution of Culture, Language and History
ARTICLE 134- The “Atatürk High Institution of Culture, Language
and History” shall be established as a public corporate body, under the moral
aegis of Atatürk, under the supervision of and with the support of the
President of the Republic, attached to the Office of the Prime Minister, and
composed of the Atatürk Research Centre, the Turkish Language Institution, the
Turkish History Institution and
9 The phrase “The
Radio and Television Supreme Council” was added by the first Article of Act No.
5370 dated June 21, 2005.68
the Atatürk Culture Centre,
in order to conduct scientific research, to produce publications and to
disseminate information on the thought, principles and reforms of Atatürk,
Turkish culture, Turkish history and the Turkish language.
The financial interests
bequeathed by Atatürk in his will to the Turkish Language Institution and
Turkish History Institution are reserved and shall be allocated to them
accordingly.
The establishment, organs,
operating procedures and personnel matters of the Atatürk High Institution of
Culture, Language and History, and its authority over the institutions within
it, shall be regulated by law.
H. Professional organizations
having the characteristics of public institutions
ARTICLE 135- Professional organizations having the characteristics
of public institutions and their higher bodies are public corporate bodies
established by law, with the objectives of meeting the common needs of the
members of a given profession, to facilitate their professional activities, to
ensure the development of the profession in keeping with common interests, to
safeguard professional discipline and ethics in order to ensure integrity and
trust in relations among its members and with the public; their organs shall be
elected by secret ballot by their members in accordance with the procedure set
forth in the law, and under judicial supervision.
Persons employed in
principal and permanent positions in public institutions, or in state economic
enterprises shall not be required to become members of public professional
organizations.
(As amended on July 23,
1995; Act No. 4121) These professional organizations shall not engage in
activities outside the aims for which they are established.
(As amended on July 23,
1995; Act No. 4121) Political parties shall not nominate candidates in
elections for the organs and higher bodies of these professional organizations.
(As amended on July 23,
1995; Act No. 4121) The rules concerning the administrative and financial
supervision of these professional organizations by the State shall be
prescribed by law.
(As amended on July 23,
1995; Act No. 4121) The responsible organs of professional organizations which
engage in activities beyond their objectives shall be dissolved by court
decision at the request of the authority designated by law or the public
prosecutor, and new organs shall be elected in their place.
(As amended on July 23,
1995; Act No. 4121) However, where it is required for and delay constitutes a
prejudice to national security, public order, prevention of commission or
continuation of a crime, or an arrest, an authority may be vested with power by
law to suspend the professional organizations and their higher bodies from
activity.
The decision of this
authority shall be submitted for the approval of the judge having jurisdiction
within twenty-four hours. The judge shall announce his/her decision within
forty-eight hours; otherwise, this administrative decision shall be annulled
automatically.
I. Presidency of Religious
Affairs
ARTICLE 136- The Presidency of Religious Affairs, which is within
the general administration, shall exercise its duties prescribed in its
particular law, in accordance with the principles of secularism, removed from
all political views and ideas, and aiming at national solidarity and integrity.
J. Unlawful order
ARTICLE 137- If a person employed in any position or status
in public services finds an order given by his/her superior to be contrary to
the provisions of by-laws, regulations, laws, or the Constitution, he/she shall
not carry it out, and shall inform the person giving the order of this
inconsistency. However, if his/her superior insists on the order and renews it
in writing, his/her order shall be executed; in this case the person executing
the order shall not be held responsible.
An order which in itself
constitutes an offence shall under no circumstances be executed; the person who
executes such an order shall not evade responsibility.
Exceptions designated by
law relating to the execution of military duties and the protection of public
order or public security in urgent situations are reserved.
CHAPTER THREE
Judicial Power
I. General provisions
A.
ARTICLE 138- Judges shall be independent in the discharge of
their duties; they shall give judgment in accordance with the Constitution,
laws, and their personal conviction conforming with the law.
No organ, authority, office
or individual may give orders or instructions to courts or judges relating to
the exercise of judicial power, send them circulars, or make recommendations or
suggestions.
No questions shall be
asked, debates held, or statements made in the Legislative Assembly relating to
the exercise of judicial power concerning a case under trial.
Legislative and executive
organs and the administration shall comply with court decisions; these organs
and the administration shall neither alter them in any respect, nor delay their
execution.
B. Security of tenure of
judges and public prosecutors
ARTICLE 139- Judges and public prosecutors shall not be dismissed,
or unless they request, shall not be retired before the age prescribed by the
Constitution; nor shall they be deprived of their salaries, allowances or other
rights relating to their status, even as a result of the abolition of a court
or a post.
Exceptions indicated in law
relating to those convicted for an offence requiring dismissal from the
profession, those who are definitely established as unable to perform their
duties because of illhealth, or those determined as unsuitable to remain in the
profession, are reserved.
C. Judges and public
prosecutors
ARTICLE 140- Judges and public prosecutors shall serve as judges
and public prosecutors of civil and administrative judiciary.
These duties shall be
carried out by professional judges and public prosecutors.71
Judges shall discharge
their duties in accordance with the principles of the independence of the
courts and the security of the tenure of judges.
The qualifications,
appointment, rights and duties, salaries and allowances of judges and public
prosecutors, their promotion, temporary or permanent change in their posts or
place of duties, the initiation of disciplinary proceedings against them and
the imposition of disciplinary penalties, the conduct of investigation
concerning them and the subsequent decision to prosecute them on account of
offences committed in connection with, or in the course of, their duties, the conviction
for offences or instances of incompetence requiring their dismissal from the
profession, their in-service training, and other matters relating to their
personnel status shall be regulated by law in accordance with the principles of
the independence of the courts and the security of tenure of judges.
Judges and public
prosecutors shall serve until they are over the age of sixty-five. The
mandatory retirement age, promotion and retirement of military judges shall be
prescribed by law.
Judges and public
prosecutors shall not assume any official or private occupation other than
those prescribed by law.
Judges and public
prosecutors shall be attached to the Ministry of Justice with respect to their
administrative functions.
Those judges and public
prosecutors working in administrative posts of judicial services shall be
subject to the same provisions as other judges and public prosecutors. Their
categories and grades shall be determined according to the principles applying
to judges and public prosecutors, and they shall enjoy all the rights accorded
to judges and public prosecutors.
D. Publicity of hearings and
the necessity of justification for verdicts
ARTICLE 141- Court hearings shall be open to the public. It may
be decided to conduct all or a part of a hearing in a closed session, but only
in cases where absolutely necessitated by public morals or public security.
Special provisions
regarding the trial of minors shall be laid down in the law.
The decisions of all courts
shall be written with a justification.
It is the duty of the
judiciary to conclude trials as quickly as possible and at minimum cost.
E. Formation of courts
ARTICLE 142- The formation, duties and powers, functioning
and trial procedures of the courts shall be regulated by law.
F. State Security Courts
ARTICLE 143- (Repealed on May 7, 2004; Act No. 5170)
G. Supervision of judicial
services
ARTICLE 144- (As amended on September 12, 2010; Act No. 5982)
Supervision of judicial
services and public prosecutors with regard to their administrative duties
shall be carried out by the Ministry of Justice through judiciary inspectors
and internal auditors who are from the profession of judge and public
prosecutor, and inquiry, inspection and investigation proceedings through
judiciary inspectors. Relating procedures and principles shall be regulated by law.
H. Military justice
ARTICLE 145- (As amended on September 12, 2010; Act No. 5982)
Military justice shall be
exercised by military courts and military disciplinary courts. These courts
shall have jurisdiction to try military offences committed by military
personnel and offences committed by military personnel against military
personnel or related to military services and duties. Cases regarding crimes
against the security of the State, constitutional order and its functioning
shall be heard before the civil courts in any case.
Non-military persons shall
not be tried in military courts, except during a state of war.
10 The heading of
this Article, which was stipulated as “G. Supervision of Judges and Public
Prosecutors”, was amended by fourteenth Article of Act No. 5982 dated September
12, 2010.73
The offences and persons
falling within the jurisdiction of military courts in state of war, formation
of military courts and, when necessary, the appointment of judges and public
prosecutors of civil judiciary to military courts shall be regulated by law.
The formation of military
justice organs, their functioning, matters relating to the status of military
judges, relations between military judges acting as military prosecutors, and
the military command under which they serve, shall be regulated by law in accordance
with the principles of the independence of courts and the security of tenure of
judges.
II. Higher courts
1. Formation
ARTICLE 146- (As amended on September 12, 2010; Act No. 5982)
The
The Grand National Assembly
of Turkey shall elect, by secret ballot, two members from among three
candidates to be nominated by and from among the president and members of the
Court of Accounts, for each vacant position, and one member from among three
candidates nominated by the heads of the bar associations from among
self-employed lawyers. In this election to be held in the Grand National
Assembly of Turkey, for each vacant position, two thirds majority of the total
number of members shall be required for the first ballot, and absolute majority
of total number of members shall be required for the second ballot. If an
absolute majority cannot be obtained in the second ballot, a third ballot shall
be held between the two candidates who have received the greatest number of
votes in the second ballot; the member who receives the greatest number of
votes in the third ballot shall be elected.
The President of the
Republic shall appoint three members from High Court of Appeals, two members
from Council of State, one member from the High Military Court of Appeals, and
one member from the High Military Administrative Court from among three
candidates to be nominated, for each vacant position, by their respective
general assemblies, from among their presidents and members; three members, at
least two of whom being law graduates, from among three candidates to be
nominated for each vacant position by the Council of Higher Education from
among members of the teaching staff who are not members of the Council, in the
fields of law, economics and political sciences; four members from among high
level executives, self-employed lawyers, first category judges and public
prosecutors or rapporteurs of the Constitutional Court.
In the elections to be held
in the respective general assemblies of the High Court of Appeals, Council of
State, High Military Court of Appeals, High Military Administrative Court, the
Court of Accounts and the Council of Higher Education for nominating candidates
for membership of the Constitutional Court, three persons obtaining the
greatest number of votes shall be considered to be nominated for each vacant
position. In the elections to be held for the three candidates nominated by the
heads of bar associations from among self-employed lawyers, three persons
obtaining the greatest number of votes shall be considered to be nominated.
To qualify for appointments
as members of the Constitutional Court, members of the teaching staff shall be
required to possess the title of professor or associate professor; lawyers
shall be required to have practiced as a lawyer for at least twenty years; high
level executives shall be required to have completed higher education and to
have worked for at least twenty years in public service, and first category
judges and public prosecutors with at least twenty years of work experience
including their period of candidacy, provided that they all shall be over the
age of forty five.
The
The phrase “… one
member shall vote for only one candidate; …” following the phrase “for each
vacant position” in the first sentence of this paragraph, and the phrase “each
head of bar shall vote for only one candidate, and …” following the phrase “in
the election to be held” in the second sentence of same paragraph were annulled
by the decision of the Constitutional Court dated July 7, 2010 numbered E.
2010/49, K. 2010/87 (Official Gazette numbered 27659 of August 1, 2010.)75
ballot and by an absolute
majority of the total number of its members.
Those whose term of office
ends may be re-elected.
The members of the
2. Term of office of the
members and termination of membership
ARTICLE 147- (As amended on September 12, 2010; Act No. 5982)
The members of the
Membership in the
Constitutional Court shall terminate automatically if a member is convicted of
an offence requiring his/her dismissal from the judicial profession, and by a
decision of an absolute majority of the total number of members of the
Constitutional Court if it is definitely established that he/she is unable to
perform his/her duties on account of ill-health.
3. Functions and powers
ARTICLE 148- (As amended on September 12, 2010; Act No. 5982)
The Constitutional Court shall examine the constitutionality, in respect of
both form and substance, of laws, decrees having the force of law and the Rules
of Procedure of the Grand National Assembly of Turkey, and decide on individual
applications. Constitutional amendments shall be examined and verified only
with regard to their form. However, decrees having the force of law issued
during a state of emergency, martial law or in time of war shall not be brought
before the
The verification of laws as
to form shall be restricted to consideration of whether the requisite majority
was obtained in
The heading of this
Article, which was stipulated as “2. Termination of membership”, was amended by
the seventeenth Article of Act No. 5982 dated September 12, 2010.76
the last ballot; the
verification of constitutional amendments shall be restricted to consideration
of whether the requisite majorities were obtained for the proposal and in the
ballot, and whether the prohibition on debates under expedited procedure was
observed.
Verification as to form may
be requested by the President of the Republic or by one-fifth of the members of
the Grand National Assembly of Turkey. Applications for annulment on the
grounds of defect in form shall not be made after ten days have elapsed from
the date of promulgation of the law; and it shall not be appealed by other courts
to the
(Paragraph added on
September 12, 2010; Act No. 5982) Everyone may apply to the
(Paragraph added on
September 12, 2010; Act No. 5982) In the individual application, judicial
review shall not be made on matters required to be taken into account during
the process of legal remedies.
(Paragraph added on
September 12, 2010; Act No. 5982) Procedures and principles concerning the
individual application shall be regulated by law.
(As amended on September
12, 2010; Act No. 5982) The Constitutional Court in its capacity as the Supreme
Court shall try, for offences relating to their functions, the President of the
Republic, the Speaker of the Grand National Assembly of Turkey, members of the Council
of Ministers; presidents and members of the Constitutional Court, High Court of
Appeals, Council of State, High Military Court of Appeals, High Military
Administrative Court, High Council of Judges and Prosecutors, Court of
Accounts, and Chief Public Prosecutors and Deputy Public Prosecutors.
(Paragraph added on
September 12, 2010; Act No. 5982) The Chief of General Staff, the commanders of
the Land, Naval and Air Forces and the General Commander of the Gendarmerie
shall be tried in the Supreme Court for offences regarding their duties.
The Chief Public Prosecutor
of the High Court of Appeals or Deputy Chief Public Prosecutor of the High
Court of Appeals shall act as prosecutor in the Supreme Court.
(As amended on September
12, 2010; Act No. 5982) Application for judicial review may be made against the
decisions of the Supreme Court. Decisions taken by the General Assembly
regarding the application shall be final.
The
4. Procedure of functioning
and trial
ARTICLE 149- (As amended on September 12, 2010; Act No. 5982)
The
The General Assembly shall
convene with the participation of at least twelve members under the
chairpersonship of the President of the
The General Assembly shall
hear the cases and applications concerning political parties, actions for
annulment and objection, and trials where the Constitutional Court acts as the
Supreme Court; the sections shall take the decision on individual applications Annulment
of constitutional amendments, dissolution of political parties, or their
deprivation from state aid, shall be decided with a two-thirds majority of
members attending the meeting.
Applications for annulment
on the grounds of defect in form shall be examined and decided with priority by
the
The formation of the
Constitutional Court, trial procedures of the General Assembly and the
sections, disciplinary matters of the President, the deputy presidents, and
members shall be regulated by law; principles of functioning of the Court,
formation of the sections and committees, and the division of labour shall be
set out by the internal regulations to be drawn up by the Court.
The
5. Annulment action
ARTICLE 150- The President of the Republic, parliamentary groups
of the ruling party or parties and of the main opposition party, and a minimum
of one-fifth of the total number of members of the Grand National Assembly of
Turkey shall have the right to apply for annulment action directly to the
Constitutional Court, based on the assertion of the unconstitutionality, in
form and in substance, of laws, of decrees having the force of law, of Rules of
Procedure of the Grand National Assembly of Turkey or of certain articles or
provisions thereof. If more than one political party is in power, the right of
the parties in power to apply for annulment action shall be exercised by the
party having the greatest number of members.
6. Time limit for annulment
action
ARTICLE 151- The right to apply for annulment directly to the
7. Claim of
unconstitutionality before other courts
ARTICLE 152- If a court hearing a case finds that the law or the
decree having the force of law to be applied is unconstitutional, or if
convinced of the seriousness of a claim of unconstitutionality submitted by one
of the parties, it shall postpone the consideration of the case until the
If the trial court is not
convinced of the seriousness of the claim of unconstitutionality, such a claim,
together with the court judgment, shall be decided upon by the competent
authority of appeal. 79
The
No claim of
unconstitutionality shall be made with regard to the same legal provision until
ten years elapse after publication in the Official Gazette of the decision of
the
8. Decisions of the
ARTICLES 153- The decisions of the
In the course of annulling
the whole, or a provision, of laws or decrees having the force of law, the
Laws, decrees having the
force of law, or the Rules of Procedure of the Grand National Assembly of
Turkey or provisions thereof, shall cease to have effect from the date of
publication in the Official Gazette of the annulment decision. Where necessary,
the
In the event of the
postponement of the date on which an annulment decision is to come into effect,
the Grand National Assembly of Turkey shall debate and decide with priority on
the government bill or private members’ bill, designed to fill the legal void arising
from the annulment decision.
Annulment decisions cannot
be applied retroactively.
Decisions of the
B. High Court of Appeals
ARTICLE 154- The High Court of Appeals is the last instance for
reviewing decisions and judgments given by civil courts that are not referred
by law to other civil judicial authority. It shall also be the first and last
instance court for dealing with specific cases prescribed by law.
Members of the High Court
of Appeals shall be appointed by the High Council of Judges and Prosecutors
from among first category judges and public prosecutors of the civil judiciary,
or those considered members of this profession, by secret ballot and by an absolute
majority of the total number of members.
The First President, first
deputy presidents and heads of departments shall be elected by the General
Assembly of the High Court of Appeals from among its own members, for a term of
four years, by secret ballot and by an absolute majority of the total number of
members; they may be re-elected at the end of their term of office.
The Chief Public Prosecutor
and the Deputy Chief Public Prosecutor of the High Court of Appeals shall be
appointed by the President of the Republic for a term of four years from among
five candidates nominated for each office by the General Assembly of the High
Court of Appeals from among its own members by secret ballot.
They may be re-elected at
the end of their term of office.
The organization and the
functioning of the High Court of Appeals, the qualifications and procedures of
the election of its president, deputy presidents, heads of departments,
members, Chief Public Prosecutor and Deputy Chief Public Prosecutor shall be regulated
by law in accordance with the principles of the independence of courts and the
security of tenure of judges.
C. Council of State
ARTICLE 155- The Council of State is the last instance for reviewing
decisions and judgments given by administrative courts and not referred by law
to other administrative courts. It shall also be the first and last instance
for dealing with specific cases prescribed by law.
(As amended on August 13,
1999; Act No. 4446) The Council of State shall try administrative cases, give
its opinion within two months on government bills submitted by the Prime
Minister and the Council of Ministers and the conditions and the contracts
under which concessions are granted concerning public services, examine draft
regulations, settle administrative disputes, and discharge other duties, as
prescribed by law.
Three-fourths of the
members of the Council of State shall be appointed by the High Council of
Judges and Prosecutors from among the first category administrative judges and
public prosecutors, or those considered to be of this profession; and the
remaining quarter by the President of the Republic from among officials meeting
the requirements designated by law.
The President, Chief Public
Prosecutor, deputy presidents, and heads of departments of the Council of State
shall be elected by the General Assembly of the Council of State from among its
own members for a term of four years by secret ballot and by an absolute majority
of the total number of members. They may be re-elected at the end of their term
of office.
The organization and
functioning of the Council of State, the qualifications and procedures of
election of its President, Chief Public Prosecutor, deputy presidents, heads of
departments, and members, shall be regulated by law in accordance with the
principles of specific nature of the administrative jurisdiction, and of the
independence of the courts and the security of tenure of judges.
D. High Military Court of
Appeals
ARTICLE 156- The High Military Court of Appeals is the last
instance for reviewing decisions and judgments given by military courts. It
shall also be the first and last instance for dealing with specific cases
designated by law concerning military persons.
Members of the High
Military Court of Appeals shall be appointed by the President of the Republic
from among three candidates nominated for each vacant office by the General
Assembly of the High Military Court of Appeals from among military judges of the
first category, by secret ballot and by an absolute majority of the total
number of members.
The President, Chief Public
Prosecutor, Second President and heads of departments of the High Military
Court of Appeals shall be appointed according to rank and seniority from among
the members of the High Military Court of Appeals.
(As amended on September
12, 2010; Act No. 5982) The organization and functioning of the High Military
Court of Appeals, and disciplinary and personnel matters of its members shall
be regulated by law in accordance with the principles of the independence of
the courts and the security of tenure of judges.
E. High Military
Administrative Court
ARTICLE 157- The
Members of the High
Military Administrative Court who are military judges shall be appointed by the
President of the Republic from a list of three candidates nominated for each
vacant office by the President and members of the Court, who are also military
judges, by secret ballot and by an absolute majority of the total number of
such members, from among military judges of the first category; members who are
not military judges shall be appointed by the President of the Republic from a
list of three candidates nominated for each vacant office by the Chief of the
General Staff from among officers holding the rank and qualifications
prescribed by law.
The term of office of
members who are not military judges shall not exceed four years.
The President, Chief Public
Prosecutor and heads of departments of the Court shall be appointed from among
military judges according to rank and seniority.
(As amended on September
12, 2010; Act No. 5982) The organization, functioning and trial procedures of
the
F. Court of Jurisdictional
Disputes
ARTICLE 158- The Court of Jurisdictional Disputes shall be
empowered to deliver final judgments in disputes between civil,
administrative, and
military courts concerning their jurisdiction and judgments.
The organization of the
Court of Jurisdictional Disputes, the qualifications and electoral procedure of
its members, and its functioning shall be regulated by law. The office of
president of this Court shall be held by a member delegated by the
Decisions of the
III. High Council of Judges
and Prosecutors
ARTICLE 159- (As amended on September 12, 2010; Act No. 5982)
The High Council of Judges
and Prosecutors shall be established and shall exercise its functions in
accordance with the principles of the independence of the courts and the
security of the tenure of judges.
The High Council of Judges
and Prosecutors shall be composed of twenty-two regular and twelve substitute
members; shall comprise three chambers.
The President of the
Council is the Minister of Justice. The Undersecretary to the Ministry of Justice
shall be an ex-officio member of the Council. For a term of four years, four
regular members of the Council, the qualities of whom are defined by law, shall
be appointed by the President of the Republic from among members of the
teaching staff in the field of law, and lawyers; three regular and three
substitute members shall be appointed by the General Assembly of the High Court
of Appeals from among members of the High Court of Appeals; two regular and two
substitute members shall be appointed by the General Assembly of the Council of
State from among members of the Council of State; one regular and one
substitute member shall be appointed by the General Assembly of the Justice
Academy of Turkey from among its members; seven regular and four substitute members
shall be elected by civil judges and public prosecutors from among those who
are first category judges and who have not lost the qualifications required for
being a first category judge; three regular and two substitute members shall be
elected by administrative judges and public prosecutors from among those who
are first category judges and who have not lost the qualifications required for
being a first category judge. They may be re-elected at the end of their term of
office.
Election of members to the
Council shall be held within sixty days before the expiry of the term of office
of the members. In case of vacancies for members appointed to the Council by
the President of the Republic prior to the expiry of the term of office, new
members shall be appointed within sixty days following the vacancy. In case of
vacancy for other members, the remaining term of office shall be completed by
the substitute.
In the elections in which
every member shall vote for the members to be elected to the High Council by
general assemblies of the High Court of Appeals, the Council of State and the
Justice Academy of Turkey and in which every judge and prosecutor shall vote
for the members to be elected to the High Council from among first category judges
and public prosecutors of civil and administrative courts; the candidates
receiving the greatest number of votes shall be elected as regular and
substitute members respectively. These elections shall be held once for each
term and by secret ballot.
The regular members of the
Council, other than the Minister of Justice and the Undersecretary to the
Ministry of Justice, shall not assume any duties other than those prescribed by
law or be appointed or elected to another office by the Council during their
term of office.
The administration and the
representation of the Council are carried out by the President of the Council.
The President of the
The phrase
“…economics and political sciences…” following the phrase “law,” in the third
sentence of this paragraph, and the phrase “…high level executives…” following
the phrase “the teaching staff,” in the same sentence were annulled by the
decision of the Constitutional Court dated July 7, 2010 numbered E. 2010/49, K.
2010/87 (Official Gazette numbered 27659 of August 1, 2010).
The phrase “…for
only one candidate…” following the phrase “each judge and public prosecutor;”
was annulled by the decision of the
Council shall not
participate in the work of the chambers. The Council shall elect the heads of
chambers from among its members and one Deputy President from among the heads
of chambers. The President may delegate some of his/her powers to the Deputy
President.
The Council shall make the
proceedings regarding the admission of judges and public prosecutors of civil
and administrative courts into the profession, appointment, transfer to other
posts, the delegation of temporary powers, promotion, and promotion to the first
category, decision concerning those whose continuation in the profession is
found to be unsuitable, the imposition of disciplinary penalties and removal
from office; it shall take final decisions on proposals by the Ministry of
Justice concerning the abolition of a court, or changes in the territorial
jurisdiction of a court; it shall also exercise the other functions given to it
by the Constitution and laws.
Supervision of judges and
public prosecutors with regard to the performance of their duties in accordance
with laws, regulations, by-laws and circulars (administrative circulars, in the
case of judges); investigation into whether they have committed offences in
connection with, or in the course of their duties, whether their behaviour and conduct
are in conformity with requirement of their status and duties and if necessary,
inquiries and investigations concerning them shall be carried out by the
Council’s inspectors, upon the proposal of the related chambers and with the
permission of the President of the High Council of Judges and Prosecutors. The
inquiries and investigations may also be carried out by a judge or public
prosecutor who is senior to the judge or public prosecutor to be investigated.
The decisions of the
Council, other than dismissal from the profession, shall not be subject to
judicial review.
A Secretariat General shall
be established under the Council.
The Secretary General shall
be appointed by the President of the Council from among three candidates
proposed by the Council from among first category judges and public
prosecutors. The Council is empowered to appoint, with their consent, the
Council’s inspectors, judges, and public prosecutors to temporary or permanent
functions in the Council.
The Minister of Justice is
empowered to appoint judges, public prosecutors, judiciary inspectors, and
internal auditors from the profession of judge and public prosecutor, with
their consent, to temporary or permanent functions in the central, affiliated,
or relevant institutions of the Ministry of Justice.
The election of the members
of the Council, formation of the chambers and the division of labour between
chambers, the duties of the Council and its chambers, quorum for meetings and
decisions, operating procedures and principles, objections to be made against the
decisions and proceedings of the chambers and the examination procedure for
these objections, and the establishment and the duties of the Secretariat
General shall be laid down in law.
IV. Court of Accounts
ARTICLE 160- (As amended on October 29, 2005; Act No. 5428)
The Court of Accounts shall be charged with auditing, on behalf of the Grand
National Assembly of Turkey, revenues, expenditures, and assets of the public
administrations financed by central government budget and social security
institutions, with taking final decisions on the accounts and acts of the
responsible officials, and with exercising the functions prescribed in laws in
matters of inquiry, auditing and judgment. Those concerned may file, only for once,
a request for reconsideration of a final decision of the Court of Accounts
within fifteen days of the date of written notification of the decision. No
applications for judicial review of such decisions shall be filed in
administrative courts.
In case of conflict between
the decisions of the Council of State and the Court of Accounts, regarding
taxes, similar financial obligations and duties, the decision of Council of
State shall prevail.
(Paragraph added on October
29, 2005; Act No. 5428) Auditing and final decision on the accounts and acts of
local administrations shall be conducted by the Court of Accounts.
The establishment,
functioning, auditing procedures, qualifications, appointments, duties and
powers, rights and obligations and other personnel matters of the members and
guarantees of the President and the members of the Court shall be regulated by
law.
(Paragraph repealed on May
7, 2004; Act No. 5170)87
PART FOUR
Financial and Economic Provisions
CHAPTER ONE
Financial Provisions
I. Budget
A. Preparation and
implementation of the budget
ARTICLE 161- The expenditure of the State and of public corporations,
other than state economic enterprises, shall be determined by annual budgets.
(As amended on October 29,
2005; Act No. 5428) The beginning of the fiscal year and the preparation,
implementation, and control of the central government budget shall be defined
by law.
The law may prescribe
special periods and procedures for investments relating to development plans,
or for business and services expected to last more than one year.
No provisions other than
those pertaining to the budget shall be included in the Budget Act.
B. Debate on the budget
ARTICLE 162- (As amended on October 29, 2005; Act No. 5428)
The Council of Ministers shall submit central government budget bill and the
report indicating the national budgetary estimates to the Grand National
Assembly of Turkey at least before seventy-five days from the beginning of the
fiscal year.
The budget bill and the
report shall be examined by the Committee on Budget, composed of forty members.
In the composition of this Committee, the proportional representation of the
political party groups and independent members in the Assembly shall be
ensured, as long as at least twenty-five seats are allocated to the ruling party
group or groups.
The budget bill adopted by
the Committee on Budget within fifty-five days shall thereafter be debated and
adopted by the Plenary before the beginning of the fiscal year.
(As amended on October 29,
2005; Act No. 5428) Members of the Grand National Assembly of Turkey shall
express their opinions, in the Plenary, on public administrations’ budgets
during the debates on the entirety of each budget; the various chapters and
motions for amendments shall be read out and voted without debate.
During debates in the
Plenary on the budget bill, members of the Grand National Assembly of Turkey
shall not make proposals that entail an increase in expenditure or a decrease
in revenue.
C. Principles governing
budgetary amendments
ARTICLE 163- (As amended on October 29, 2005; Act No. 5428)
The appropriation granted by the central government budget shall indicate the
limit of expenditure allowed. No provision shall be included in the budget to
the effect that the limit of expenditure may be exceeded by a decision of the
Council of Ministers. The Council of Ministers shall not be empowered to amend
the budget by a decree having the force of law. In motions of amendment
entailing an increase in appropriations under the budget of the current fiscal
year, and, in government bills and private members’ bills entailing financial burden
in the budgets of the current or following fiscal year, the financial resources
to meet the stated expenditure shall be indicated.
D. Final accounts
ARTICLE 164- Final accounts bills shall be submitted to the
Grand National Assembly of Turkey by the Council of Ministers within seven
months of the end of the relevant fiscal year, unless a shorter period is
prescribed by law. The Court of Accounts shall submit its statement of general
conformity to the Grand National Assembly of Turkey within seventy-five days of
the submission of the final accounts bill to which it is related.
The final accounts bill
shall be placed on the agenda of the Committee on Budget together with the
budget bill of the new fiscal year. Committee on Budget shall submit the budget
bill to the Plenary in conjunction with the final accounts bill; the Plenary
shall debate and decide on the final accounts bills in conjunction with the
budget bill of the new fiscal year.
The submission of the final
accounts bills and the statement of general conformity to the Grand National
Assembly of Turkey shall not preclude the auditing and trial of the accounts
for the relevant fiscal year that have not been concluded by the Court of
Accounts, and shall not mean that a final decision has been taken on these
accounts.
E. Scrutiny of state economic
enterprises
ARTICLE 165- The principles governing the scrutiny of the accounts
of public institutions and partnerships where more than half of the capital
directly or indirectly belongs to the State, by the Grand National Assembly of
Turkey, shall be regulated by law.
CHAPTER TWO
Economic Provisions
I. Planning; Economic and
Social Council
ARTICLE 166- Planning the economic, social and cultural development,
in particular the rapid, balanced and harmonious development of industry and
agriculture throughout the country and the efficient use of national resources
by taking inventory of and evaluating them, and the establishment of the
necessary organization for this purpose are the duties of the State.
Measures to increase
national savings and production, to ensure stability in prices and balance in
external payments, to promote investment and employment shall be included in
the plan; in investments, public interests and necessities shall be taken into
account and the efficient use of resources shall be proposed.
Development activities
shall be realized according to this plan.
The procedure and
principles governing the preparation of development plans, their approval by
the Grand National Assembly of Turkey, their implementation and revision, and
the prevention of amendments disrupting the unity of the plan shall be
regulated by law.
(Paragraph added on
September 12, 2010; Act No. 5982) The Economic and Social Council shall be
established to provide the government with consultative opinions in the
formulation of economic and social policies. The establishment and functioning
of the Economic and Social Council shall be laid down in law.
15 The phrase;“Economic
and Social Council” was added by the twenty third Article of Act No. 5982 dated
September 12, 2010.90
II. Supervision of markets and
regulation of foreign trade
ARTICLE 167- The State shall take measures to ensure and promote
the sound and orderly functioning of the markets for money,
credit, capital, goods and
services; and shall prevent the formation of monopolies and cartels in the
markets, emerged in practice or by agreement.
In order to regulate
foreign trade for the benefit of the economy of the country, the Council of
Ministers may be empowered by law to introduce additional financial impositions
on imports, exports and other foreign trade transactions, except taxes and
similar impositions, or to lift them.
III. Exploration and
exploitation of natural resources
ARTICLE 168- Natural wealth and resources shall be under the
authority and at the disposal of the State. The right to explore and exploit
these belongs to the State. The State may delegate this right to persons or
corporate bodies for a certain period. Of the natural wealth and resources,
those to be explored and exploited by the state in partnership with persons or
corporate bodies, and those to be directly explored and exploited by persons or
corporate bodies shall be subject to the explicit permission of the law. The
conditions to be observed in such cases by persons and corporate bodies, the
procedure and principles governing supervision and control by the State, and
the sanctions to be applied shall be prescribed by law.
A. Protection and development
of forests
ARTICLE 169- The State shall enact the necessary legislation and
take the measures required for the protection and extension of forests. Burnt
forest areas shall be reafforested; other agricultural and stockbreeding
activities shall not be allowed in such areas. All forests shall be under the
care and supervision of the State.
The ownership of state
forests shall not be transferred. State forests shall be managed and exploited
by the State in accordance with the law. Ownership of these forests shall not
be acquired by prescription, nor shall servitude other than that in the public
interest be imposed in respect of such forests.
Acts and actions that might
damage forests shall not be permitted. No political propaganda that might lead
to the destruction of forests shall be made; no amnesties or pardons
specifically for offences against forests shall be granted. Offences committed
with the intention of burning or destroying forests or reducing forest areas shall
not be included within the scope of amnesties or pardons.
The reducing of forest
areas shall be prohibited, except in respect of areas whose preservation as
forests is considered scientifically and technically useless but conversion
into agricultural land has been found to be definitely advantageous, and in
respect of fields, vineyards, orchards, olive groves or similar areas which
technically and scientifically ceased to be forest before December 31, 1981 and
whose use for agricultural or stockbreeding purposes has been found advantageous,
and in respect of built-up areas in the vicinity of cities, towns or villages.
B. Protection of forest
villagers
ARTICLE 170- Measures shall be introduced by law to secure cooperation
between the State and the inhabitants of villages located in or near forests in
the supervision and exploitation of forests for the purpose of ensuring
conservation of forests and their integrity, and improving the living
conditions of these inhabitants; the law shall also regulate the exploitation
of areas which technically and scientifically ceased to be forests before
December 31, 1981; the identification of areas whose preservation as forest is
considered scientifically and technically useless, their exclusion from forest
boundaries and their improvement by the State for the purpose of settling all
or some of the inhabitants of forest villages in them, and their allocation to
these villages.
The State shall take
measures to facilitate the acquisition of equipment and other inputs by these
inhabitants.
The land owned by villagers
resettled outside a forest shall immediately be reafforested as a State forest.
V. Developing cooperativism
ARTICLE 171- The State shall take measures, in keeping with
national economic interests, to ensure the development of cooperativism, which
shall be primarily aiming at increase in production and protection of
consumers.
(Repealed on July 23, 1995;
Act No. 4121)92
VI. Protection of consumers,
tradespeople and artisans
A. Protection of consumers
ARTICLE 172- The State shall take measures to protect and
inform consumers; shall encourage their initiatives to protect themselves.
B. Protection of trades, people
and artisans
ARTICLE 173- The State shall take measures to protect and support
tradespeople and artisans.
PART FIVE
Miscellaneous Provisions
I. Preservation of Reform Laws
ARTICLE 174- No provision of the Constitution shall be construed
or interpreted as rendering unconstitutional the Reform Laws indicated below,
which aim to raise Turkish society above the level of contemporary civilization
and to safeguard the secular character of the Republic, and whose provisions
were in force on the date of the adoption of the Constitution by referendum:
1. Act No. 430 of March 3,
1340 (1924) on the Unification of the Educational System,
2. Act No. 671 of November
25, 1341 (1925) on the Wearing of Hats,
3. Act No. 677 of November
30, 1341 (1925) on the Closure of Dervish Monasteries and Tombs, the Abolition
of the Office of Keeper of Tombs and the Abolition and Prohibition of Certain
Titles,
4. The principle of civil
marriage according to which the marriage act shall be concluded in the presence
of the competent official, adopted with the Turkish Civil Code No. 743 of
February 17, 1926, and Article 110 of the Code,
5. Act No. 1288 of May 20,
1928 on the Adoption of International Numerals,
6. Act No. 1353 of November
1, 1928 on the Adoption and Application of the Turkish Alphabet, 93
7. Act No 2590 of November
26, 1934 on the Abolition of Titles and Appellations such as Efendi, Bey or Pasha, 8. Act No. 2596 of
December 3, 1934 on the Prohibition of the Wearing of Certain Garments.
PART SIX
Provisional Articles
PROVISIONAL ARTICLE 1- On the duly proclamation of the adoption of the
Constitution as the Constitution of the Republic of Turkey by referendum, the
Chairperson of the Council of National Security and Head of State at the time
of the referendum, shall assume the title of President of the Republic and
shall exercise the constitutional functions and powers of the President of the
Republic for a period of seven years. The oath taken as Head of State on September
18, 1980 shall remain valid. At the end of the period of seven years, the
election for the Presidency of the Republic shall be held in accordance with
the provisions set forth in the Constitution.
The President of the
Republic shall also hold the chairpersonship of the Council of National
Security formed on December 12, 1980, under Act No. 2356, until the convening
of the Grand National Assembly of Turkey and the formation of the Bureau
following the first general elections.
If the Presidency of the
Republic falls vacant for any reason before the Grand National Assembly of
Turkey convenes and assumes its functions at the end of the first general
elections, the most senior member of the National Security Council shall act as
President of the Republic and exercise all his constitutional functions and
powers until the Grand National Assembly of Turkey convenes and elects a new President
of the Republic in accordance with the Constitution.
PROVISIONAL ARTICLE 2- The Council of National Security formed on
December 12, 1980 under Act No. 2356 shall continue to exercise its functions
under Act No. 2324 on the Constitutional Order and Act No. 2485 on the
Constituent Assembly until the convening of the Grand National Assembly of
Turkey and the formation of the Bureau following the first general elections
held under the Political Parties Act and the Elections Act prepared in accordance
with the Constitution.
After the adoption of the
Constitution, Article 3 of Act No. 2356 relating to the procedure for winning a
seat on the Council of National Security that falls vacant for any reason shall
cease to apply.
After the Grand National
Assembly of Turkey has convened and assumed its functions, the Council of
National Security shall become the Presidential Council for a period of six
years, and the members of the Council of National Security shall acquire the
title of members of the Presidential Council. The oath they took on September
18, 1980 as members of the Council of National Security shall remain valid.
Members of the Presidential Council shall enjoy the rights and immunities
conferred by the Constitution on members of the Grand National Assembly of
Turkey. The legal existence of the Presidential Council shall terminate on the
expiry of the period of six years.
The functions of the
Presidential Council shall be as follows:
a) To examine laws adopted
by the Grand National Assembly of Turkey and submitted to the President of the
Republic concerning: the fundamental rights and freedoms and duties set forth
in the Constitution, the principle of secularism, the preservation of the reforms
of Atatürk, national security and public order, the Turkish Radio and
Television Corporation, international treaties, the sending of armed forces to
foreign countries and the admission of foreign forces in Turkey, emergency
rule, martial law and the state of war, and other laws deemed necessary by the
President of the Republic, within the first ten days of the period of fifteen
days granted to the President of the Republic for his consideration;
b) On the request of the
President of the Republic and within the period specified by him:
To consider and give an
opinion on matters relating to the renewal of general elections, the exercise
of emergency rule and the measures to be taken during a state of emergency, the
management and supervision of the Turkish Radio and Television Corporation, the
training of the youth and the conduct of religious affairs;
c) According to the request
of the President of the Republic, to consider and investigate matters relating
to internal or external security and such other matters deemed necessary, and
to submit its findings to the President of the Republic.
PROVISIONAL ARTICLE 3- On the convening of the Grand National Assembly
of Turkey and the formation of the Bureau following the first general elections
held in accordance with the Constitution:
a) Act No. 2324 of October
27, 1980 on the Constitutional Order,
b) Act No. 2356 of December
12, 1980 on the Council of National Security,
c) Act No. 2485 of June 29,
1981 on the Constituent Assembly,
shall cease to have effect
and the legal existence of the Council of National Security and the
Consultative Assembly shall terminate.
PROVISIONAL ARTICLE 4- (Repealed on September 6, 1987; Act No. 3361)
PROVISIONAL ARTICLE 5- On the tenth day following proclamation of the
results of the first general elections by the Supreme Board of Election, the
Grand National Assembly of Turkey shall convene of its own accord at the
building of the Grand National Assembly of Turkey in
PROVISIONAL ARTICLE 6- Until the Grand National Assembly of Turkey,
formed in accordance with the Constitution, adopts the Rules of Procedure,
which shall govern its sessions and proceedings, those provisions of the Rules
of Procedure of the National Assembly that were in force before September 12,
1980, and that are not contrary to the Constitution shall apply.
PROVISIONAL ARTICLE 7- The present Council of Ministers shall continue
in office until the convening of the Grand National Assembly of Turkey and the
formation of the new Council of Ministers following the first general
elections.
PROVISIONAL ARTICLE 8- Laws relating to the formation, duties, powers
and functioning of the new organs, institutions and agencies established under
the Constitution and other laws whose introduction or amendment is provided for
in the Constitution, shall be enacted during the period of Constituent
Assembly, starting from the date of the adoption of the Constitution; laws that
cannot be dealt with during this period shall be enacted within the year
following the first session of the newly elected Grand National Assembly of
Turkey.
PROVISIONAL ARTICLE 9- Within a period of six years following the
formation of the Bureau of the Grand National Assembly of Turkey, which is to
convene after the first general elections, the President of the Republic may
send back to the Grand National Assembly of Turkey any constitutional
amendments. In this case, the re-submission of the constitutional amendment in its
unchanged form to the President of the Republic by the Grand National Assembly
of Turkey is only possible with a three-fourths majority of the votes of the
total number of members.
PROVISIONAL ARTICLE 10- Local elections shall be held within a year of
the first session of the Grand National Assembly of Turkey.
PROVISIONAL ARTICLE 11- Regular and substitute members of the
No election shall be held
to fill the vacant seats of the regular members of the
Until the number of regular
members of the
PROVISIONAL ARTICLE 12- Persons appointed by the Head of State as
regular and substitute members of the High Council of Judges and Prosecutors
from among the members of the High Court of Appeals and the Council of State
under Provisional Article 1 of Act No. 2461 of May 13, 1981, on the High
Council of Judges and Prosecutors; as Chief Public Prosecutor and Deputy Chief
Public Prosecutor in accordance with the Provisional Article appended to Act No.
1730 on the High Court of Appeals under Act No. 2483 of June 25, 1981; and as
President, Chief Public Prosecutor, deputy presidents and heads of division of
the Council of State under Provisional Article 14, paragraph 2 of Act No. 2575
of January 6, 1982 on the Council of State shall continue to exercise their
functions until the end of the term of office for which they were elected.
The provisions of the
provisional articles of Act No. 2576 of 6 January 1982 concerning the
appointment of the presidents and members of administrative courts shall also
remain in force.
PROVISIONAL ARTICLE 13- The elections of one regular and one substitute
member to be elected to the High Council of Judges and Prosecutors from among
the members of the High Court of Appeals shall take place in twenty days
following the entry into force of the Constitution.
Until the elected members
assume the office, the quorum for meetings of the Council shall be met with the
participation of substitute members.
PROVISIONAL ARTICLE 14- The obligation of the unions to deposit their
revenues in the state banks shall be fulfilled within two years of the entry
into force of the Constitution, at the latest.
PROVISIONAL ARTICLE 15- (Repealed on September 12, 2010; Act No. 5982)
PROVISIONAL ARTICLE 16- Persons who fail to participate in the
referendum on the Constitution without valid legal or actual reasons despite
being entitled to vote and being included in the register of electors and the
polling station register compiled for the referendum, shall neither participate
nor stand for election in general elections, by-elections, local elections or
referendums for a period of five years following the referendum on the
Constitution.
PROVISIONAL ARTICLE 17- (Added on May 10, 2007; Act No. 5659)98
In the first general
elections held after the entry into force of this Act on the addition of a
provisional article to the Turkish Constitution, the last paragraph of Article
67 of the Constitution shall not be applied to the provisions of Parliamentary
Elections Act No. 2839, dated June 10, 1983, concerning the inclusion of
independent candidates on joint ballot paper.
PROVISIONAL ARTICLE 18- (Added on September 12, 2010; Act No. 5982)
The current substitute
members of the
Within thirty days of the
date of entry into force of this Act, the Grand National Assembly of Turkey
shall elect one member each from among three candidates nominated by the
General Assembly of the Court of Accounts and the heads of bar associations.
In order to nominate
candidates for the election of the members to be held by the Grand National
Assembly of Turkey:
a) The President of the
Court of Accounts shall announce the beginning of the application process for
candidacy within five days of the date of entry into force of this Act.
Candidates shall apply to the Presidency within five days of the announcement.
The General Assembly of the Court of Accounts shall hold elections within five days
of the final date of application. The three candidates obtaining the greatest
number of votes shall be nominated in these elections in which each member of the
Court of Accounts may vote.
b) The Head of the Turkish
Union of Bar Associations shall announce the beginning of the application
process for candidacy within five days of the date of entry into force of this
Act. Candidates shall apply to the Turkish Union of Bar Associations within
five days of announcement. The election shall be held at the place and time
indicated in the announcement of the Turkish Union of Bar
16 The phrase “…for
only one candidate…” following the phrase “Each member of the Court of
Accounts” in the last sentence of this subparagraph was annulled by the
decision of the Constitutional Court dated July 7, 2010 numbered E. 2010/49, K.
2010/87 (Official Gazette numbered 27659 of August 1, 2010).99
Association within five
days following the final date of application by the heads of the Bar
Associations. The three candidates obtaining the greatest number of votes shall
be nominated in these elections in which each head of bar may vote.
c) The names of those
nominated through the elections held in accordance with subparagraphs (a) and
(b) shall be notified to the Office of the Speaker of the Grand National
Assembly of Turkey by the Presidency of the Court of Accounts and of the
Turkish Union of Bar Associations on the day following the elections. ç)
Elections shall be held at the Grand National Assembly of Turkey within ten
days of the notification made in accordance with subparagraph (c). In elections
held for each vacant position, a twothirds majority of the total number of
members in the first ballot and the absolute majority of the total number of
members is required in the second ballot; in case the absolute majority of the
total number of members is not attained in the second ballot, a third ballot
shall be held between two candidates obtaining the greatest number of votes in
the second ballot; the candidate who obtains the greatest number of votes in
the third ballot shall be elected.
Following the vacancy of
the positions allocated to the High Court of Appeals and the Council of State,
the President of the Republic shall choose one member for each vacancy, from
among three candidates to be nominated for each vacant position by the Council
of Higher Education from among members of the teaching staff in the fields of
law, economics and political sciences who are not members of the Council of
Higher Education.
The current members, as
well as substitute members elected from the quotas allocated to institutions
that have nominated members for the
17 The phrase “…for
only one candidate…” following the phrase “Each head of bar” in the last
sentence of this subparagraph was annulled by the decision of the
The status of those who
have been appointed to certain posts in the
Necessary legal
arrangements on individual applications shall be completed within two years.
Individual applications shall be accepted as from the date of the entry into
force of the implementing law.
PROVISIONAL ARTICLE 19- (Added on September 12, 2010; Act No. 5982)
The members of the High
Council of Judges and Prosecutors shall be elected within thirty days as of the
date of entry into force of this Act in accordance with the principles and
procedures indicated below:
a) President of the
Republic shall appoint four members, for whom there is no impediment to
becoming a judge, from among teaching staff working in the field of law for at
least fifteen years and lawyers who have completed fifteen years of active professional
service.
b) The General Assembly of
the High Court of Appeals shall select three regular and two substitute members
from among members of the Court. The First President of the High Court of Appeals
shall announce the beginning of the application process for candidacy within
seven days of the entry into force of this Act. The candidates shall apply to
the First Presidency within seven days of the date of the announcement. The
General Assembly of the High Court of Appeals shall hold elections within
fifteen days from the final date of application. In the elections, where each
member of the High Court.
The phrase
“…economics and political sciences…” following the phrase “law,”, and the
phrase “…high level executives…” following the phrase “teaching staff” in the
first sentence of this sub-paragraph, and the second sentence “The President of
the Republic shall elect member of the Council, to be elected from high level
executives, from among take office as minister, undersecretary to ministry,
deputy undersecretary to ministry, governor, General Secretary of the
Presidency, and director-general of public institutions, head of supervisory
board.” were annulled by the decision of the Constitutional Court dated July 7,
2010 numbered E. 2010/49, K. 2010/87 (Official Gazette numbered 27659 of August
1, 2010). 101
of Appeals may vote, the
candidates with the greatest number of votes are elected as regular and substitute
members respectively.
c) The General Assembly of
the Council of State shall select one regular and one substitute member from
among members of the Court. The President of the Council of State shall
announce the beginning of the application process for candidacy within seven
days of the entry into force of this Act. The candidates shall apply to the Presidency
within seven days of the date of the announcement. The General Assembly of the
Council of State shall hold elections within fifteen days from the final date
of application. In the elections, where each member of the Council of State may
vote, the candidates with the greatest number of votes are elected as regular
and substitute members respectively.
ç) The General Assembly of
the
The General Assembly of the
Justice Academy of Turkey shall hold elections within fifteen days from the
final date of application. In the elections, where each member may vote, the
candidates with the greatest number of votes are elected as regular and
substitute members respectively.
19 The phrase “…for
only a member…” following the phrase “Each member of the High Court of Appeals”
in the last sentence of this subparagraph was annulled by the decision of the
Constitutional Court dated July 7, 2010 numbered E. 2010/49, K. 2010/87
(Official Gazette numbered 27659 of August 1, 2010).
20 The phrase “…for
only a member…” following the phrase “Each member of the Council of State” in
the last sentence of this subparagraph was annulled by the decision of the
Constitutional Court dated July 7, 2010 numbered E. 2010/49, K. 2010/87
(Official Gazette numbered 27659 of August 1, 2010).
21 The phrase “…for
only a member…” following the phrase “Each member” in the last sentence of this
subparagraph was annulled by the decision of the Constitutional Court dated
July 7, 2010 numbered E. 2010/49, K. 2010/87 (Official Gazette numbered 27659
of August 1, 2010).102
d) Seven regular and four
substitute members shall be elected by civil judges and public prosecutors
under the direction and supervision of the Supreme Board of Election from among
civil judges and public prosecutors who are first category judges and have not
lost the qualifications for being first category judges. Within five days of
the date of entry into force of this Act, the Supreme Board of Election shall
announce the beginning of the application process for candidacy. The candidates
shall apply within three days of the date of announcement. The Supreme Board of
Election shall examine the applications, finalize and announce the list of
candidates within two days following the expiry of the date of application.
Objections to this list may be made within the following two days. The
objections shall be examined and finalized and the definitive list of
candidates shall be announced within two days following the expiry of the
objection period. Judges and public prosecutors working in provinces or districts
shall vote in elections to be held, under the direction and supervision of the
provincial election boards, in each province and district on the second Sunday
following the date of announcement of the definitive list by the Supreme Board
of Election. The provincial election boards shall establish ballot box
committees according to the number of judges and public prosecutors that are to
vote in that province. Provincial election boards shall decide on complaints and
objections about proceedings, measures, and decisions of the ballot box
committees. Candidates shall not conduct campaigns; they may post their résumé
on an internet site allocated for this purpose within the framework of the
principles and procedures defined by the Supreme Board of Election. The
candidates obtaining the greatest number of votes are elected as regular and
substitute members respectively. The Supreme Board of Election shall determine
other matters concerning the ballot papers. The Supreme Board of Election may
have the ballot papers printed or may have these printed through provincial
election boards as it may deem appropriate. In the elections to be held, the
provisions of the Act No. 298, Basic Rules on Elections and Voting Registers,
dated April 4, 1961, that are not in conflict with this subparagraph shall
apply.
22 The eleventh
sentence in the this subparagraph “Each electorate shall vote for only one
candidate in this elections.” was annulled by the decision of the
e) Three regular and two
substitute members shall be elected by civil judges and public prosecutors
under the direction and supervision of the Supreme Board of Election from among
civil judges and public prosecutors who are first category judges and have not
lost the qualifications for being first category judges. In the elections, in provinces
where there are regional administrative courts, held under the direction and
supervision of the provincial election boards, judges and public prosecutors
working in these regional administrative courts and in courts subject to
authority of those courts shall vote.
The provisions of
subparagraph (d) shall apply to these elections as well.
The regular members of the
High Council of Judges and Prosecutors elected in accordance with subparagraphs
(a), (ç), (d) and (e) of the first paragraph, shall begin to hold office on the
working day following the date of entry into force of this Act.
Regular and substitute
members of the High Council of Judges and Prosecutors elected from the High
Court of Appeals and Council of State, incumbent on date of entry into force of
this Act, shall continue their duties until the end of their term of office.
The members elected in
accordance with subparagraph (b) of the first paragraph shall replace, in
sequence, the members elected from High Court of Appeals whose term of office
have expired, and the members elected in accordance with subparagraph (c) of
the first paragraph shall replace, in sequence, the members elected from
Council of State whose terms of office have expired.
The term of office of the
members elected according to subparagraph (b) and (c) of the first paragraph
and who took office in accordance with the third paragraph ends when the term
of office of those elected in accordance with subparagraph (a), (ç), (d) and
(e) of the first paragraph expires.
Regular members elected to
the High Council of Judges and
Prosecutors shall have the
same financial, social and pension rights determined for the Head of Chamber of
the High Court of Appeals in the relevant legislation, until the necessary
arrangements are made in related laws. Furthermore, regular members of the
Council, except for the President, shall receive additional compensation on a
monthly basis in the amount to be calculated by multiplying the index of 30000 by
the coefficient applied to salaries of civil servants.
Until arrangements are made
in the relevant laws, the High Council of Judges and Prosecutors:
a) Shall operate in the
form of a board in accordance with legal provisions in force as long as they
are not contrary to the
provisions of the
Constitution, b) Shall convene under the presidency of the Minister of Justice
within one week following the date of holding office of the regular members in
accordance with the second paragraph and shall elect a temporary deputy
chairperson,
c) Shall convene with at
least fifteen members and take decisions by the absolute majority of the total
number of members,
ç) The secretariat
functions shall be conducted by the Ministry of Justice.
Until inspectors of the
Council and judiciary inspectors are appointed, the existing judiciary
inspectors shall carry out their duties under the title of inspector of the
Council and judiciary inspector.
The provisions of this
Article shall be applied until the necessary arrangements are made in the
relevant laws.
PART SEVEN
Final Provisions
I. Amending the Constitution,
participation in elections and referenda
ARTICLE 175- (As amended on May 17, 1987; Act No. 3361) Amendment
to the Constitution shall be proposed in writing by at least one-third of the
total number of members of the Grand National Assembly of Turkey. Bills to
amend the Constitution shall be debated twice in the Plenary. The adoption of a
bill for an amendment shall require a three-fifths majority of the total number
of members of the Assembly by secret ballot.105
The consideration and
adoption of bills for the amendments to the Constitution shall be subject to
the provisions governing the consideration and adoption of laws, with the
exception of the conditions set forth in this Article.
The President of the
Republic may send back the laws on the amendments to the Constitution to the
Grand National Assembly of Turkey for reconsideration. If the Assembly
readopts, by a two-thirds majority of the total number of members, the law sent
back by the President of the Republic without any amendment, the President of the
Republic may submit the law to referendum.
If a law on the amendment
to the Constitution is adopted by a three-fifths or less than two-thirds
majority of the total number of members of the Assembly and is not sent back by
the President of the Republic to the Assembly for reconsideration, it shall be
published in the Official Gazette and be submitted to referendum.
A law on the Constitutional
amendment adopted by a two thirds majority of the total number of members of
the Grand National Assembly of Turkey directly or upon the sending back of the
law by the President of the Republic or its articles deemed necessary may be submitted
to a referendum by the President of the Republic.
A law on the amendment to
the Constitution or the related articles that are not submitted to referendum
shall be published in the Official Gazette.
Entry into force of the
laws on the amendment to the Constitution submitted to referendum shall require
the affirmative vote of more than half of the valid votes cast.
The Grand National Assembly
of Turkey, in adopting the law on the Constitutional amendment shall also
decide on which provisions shall be submitted to referendum together and which
shall be submitted individually, in case the law is submitted to referendum.
Every measure including
fines shall be taken by law to secure participation in referenda, general
elections, by-elections and local elections.
II. Preamble and headings of
articles
ARTICLE 176- The preamble, which states the basic views and
principles the Constitution is based on, shall form an integral part of the
Constitution.
The headings of articles
merely indicate the subject matter of the articles, their order, and the
connections between them. These headings shall not be regarded as a part of the
text of the Constitution.
III. Entry into force of the
Constitution
ARTICLE 177- On its adoption by referendum and its publication
in the Official Gazette, this Constitution shall become the Constitution of the
a) The provisions of Part
Two Chapter II relating to personal liberty and security, the press and
publication, and the right and freedom of assembly.
The provisions of Chapter
III relating to labour, collective labour agreements, the right to strike, and
lockout.
These provisions shall come
into force when the relevant laws are promulgated, or when the existing laws
are amended, and in any case, at the latest, when the Grand National Assembly
of Turkey assumes its functions. However, until their entry into force,
existing laws and the decrees and decisions of the Council of National Security
shall apply.
b) The provisions of Part
Two relating to political parties and the right to engage in political
activities, shall come into force on the promulgation of the new Political
Parties Act, which is to be prepared in accordance with these provisions.
The provisions on right to
vote and to be elected shall come into force on the promulgation of the
Elections Act also to be prepared in accordance with these provisions.
c) The provisions of Part
Three, relating to legislative power:
These provisions shall come
into force on the proclamation of the results of the first general elections.
However, the provisions relating to the functions and powers of the Grand
National Assembly of Turkey which take place in this section shall be exercised
by the Council of National Security until the Grand National Assembly of Turkey
assumes its functions; the provisions of Act No. 2485 of June 29, 1981 on the
Constituent Assembly being reserved.
d) The provisions of Part
Three relating to the functions and powers of the President of the Republic and
to the State Supervisory Council under the heading “President of the Republic”;
to regulations, National Defence, procedures governing emergency rule under the
heading “Council of Ministers”; to all other provisions under the heading
“Administration”, except local administration, and except the Atatürk High
Institution of Culture, Language and History; and all the provisions relating
to the judiciary, except the State Security Courts, shall come into force on
publication in the Official Gazette of the adoption by referendum of the
Constitution. The provisions concerning the President of the Republic and the
Council of Ministers which have not gone into effect shall come into force when
the Grand National Assembly of Turkey assumes its functions; the provisions relating
to local administrations and to the State Security Courts shall come into force
on the promulgation of the relevant laws.
e) If new legislation, or
amendments to existing legislation are required in connection with the
constitutional provisions which are to come into force on the proclamation of
the adoption by referendum of the Constitution or in connection with existing
or future institutions, organizations and agencies, the procedure to be followed
shall be subject to those provisions of existing laws which are not
unconstitutional, or to the provisions of the Constitution, in accordance with
Article 11 of the Constitution.
f) The provision of second
paragraph of Article 164 regulating the procedure for the consideration of
final accounts bill shall come into force in 1984.
PROVISIONAL ARTICLES NOT INCLUDED IN THE CONSTITUTION OF THE
Provisional Article of Act No. 4709 dated October 3, 2001
PROVISIONAL ARTICLE - A) The last paragraph added to the Article 67 of
the Constitution by Article 24 of this Act shall not be implemented at the
first general election to be held after this Act goes into effect.
B) The amendments made by
Article 28 of this Act to Article 87 of the Constitution shall not apply to
those who perpetrate the acts described in Article 14 of the Constitution
before this Act goes into effect.
Provisional Article of
Act No. 4777 dated December 27, 2002
PROVISIONAL ARTICLE 1- The last paragraph of Article 67 of the
Constitution of the
-------------------------------------------
The Constitution of the
PREAMBLE
Following the operation carried
out on 12 September 1980 by the Turkish Armed Forces in response to a call from
the Turkish Nation, of which they form an inseparable part, at a time when the
approach of a separatist, destructive and bloody civil war unprecedented in the
Republican era threatened the integrity of the eternal Turkish Nation and
motherland and the existence of the sacred Turkish State.
This CONSTITUTION was prepared by
the Consultative Assembly, given final form by the Council of National
Security, which are the legitimate representatives of the Turkish Nation, and
adopted, approved and directly enacted by the Turkish Nation,
And is entrusted for safekeeping
by the Turkish Nation to the patriotism of its democracy-loving sons and
daughters, in order that it may be understood to embody the IDEAS, BELIEFS and
RESOLUTIONS set forth below and be interpreted and implemented accordingly,
commanding respect for, and absolute loyalty to, its letter and spirit:
•The direction of the concept of
nationalism as outlined by Ataturk, the founder of the Republic of Turkey, its
immortal leader and unrivalled hero; and in line with the reforms and
principles introduced by him; •The determination to safeguard the everlasting
existence, prosperity and material and spiritual well-being of the Republic of
Turkey, and to ensure that it attains the standards of contemporary
civilisation, as a full and honourable member of the world family of nations;
•Recognition of the absolute supremacy of the will of the nation, and of the
fact that sovereignty is vested fully and unconditionally in the Turkish Nation
and that no individual or body empowered to exercise it on behalf of the nation
shall deviate from democracy based on freedom, as set forth in the Constitution
and the rule of law instituted according to its requirements; •The
understanding that separation of powers does not imply an order of precedence
among the organs of State, but reflects a civilised division of labour and mode
of cooperation restricted to the exercise of specific State powers, and that
supremacy is vested solely in the Constitution and the laws; •The determination
that no protection shall be afforded to thoughts or opinions contrary to
Turkish National interests, the principle of the existence of Turkey as an
indivisible entity with its State and territory, Turkish historical and moral
values, or the nationalism, principles, reforms and modernism of Ataturk, and
that as required by the principle of secularism, there shall be no interference
whatsoever of sacred religious feelings in State affairs and politics; •The
understanding that it is the birthright of every Turkish citizen to lead an
honourable life and develop his material and spiritual resources under the aegis
of national culture, civilisation and the rule of law, through the exercise of
the fundamental rights and freedoms set forth in this Constitution, in
conformity with the requirements of equality and social justice; •The
recognition that all Turkish citizens are united in national honour and pride,
in national joy and grief, in their rights and duties towards their existence
as a nation, in blessings and in burdens, and in every manifestation of
national life, and that they have the right to demand a peaceful life based on
absolute respect for one another's rights and freedoms, mutual love and
fellowship, and the desire for, and belief, in "Peace at home, peace in
the world."
PART ONE
GENERAL PRINCIPLES
I. Form of the State
ARTICLE 1. The
II. Characteristics of the
Republic
ARTICLE 2. The Republic of Turkey
is a democratic, secular and social State governed by the rule of law; bearing
in mind the concepts of public peace, national solidarity and justice;
respecting human rights; loyal to the nationalism of Ataturk, and based on the
fundamental tenets set forth in the Preamble.
III. Integrity of the State,
Official Language, Flag, National Anthem, and Capital
ARTICLE 3. The
Its flag, the form of which is
prescribed by the relevant law, is composed of a white crescent and star on a
red background.
Its national anthem is the
"Independence March."
Its capital is
IV. Irrevocable Provisions
ARTICLE 4. The provision of
Article 1 of the Constitution establishing the form of the State as a Republic,
the provisions in Article 2 on the characteristics of the Republic, and the
provision of Article 3 shall not be amended, nor shall their amendment be
proposed.
V. Fundamental Aims and Duties of
the State
ARTICLE 5. The fundamental aims
and duties of the State are: to safeguard the independence and integrity of the
Turkish Nation, the indivisibility of the country, the Republic and democracy;
to ensure the welfare, peace, and happiness of the individual and society; to
strive for the removal of political, social and economic obstacles which
restrict the fundamental rights and freedoms of the individual in a manner
incompatible with the principles of justice and of the social State governed by
the rule of law; and to provide the conditions required for the development of
the individual's material and spiritual existence.
VI. Sovereignty
ARTICLE 6. Sovereignty is vested
in the nation without reservation or condition.
The Turkish Nation shall exercise
its sovereignty through the authorised organs as prescribed by the principles
laid down in the Constitution.
The right to exercise sovereignty
shall not be delegated to any individual, group or class. No person or agency
shall exercise any State authority which does not emanate from the
Constitution.
VII. Legislative Power
ARTICLE 7. Legislative power is
vested in the Turkish Grand National Assembly on behalf of the Turkish Nation.
This power cannot be delegated.
VIII. Executive Power and
Function
ARTICLE 8. Executive power and
function shall be exercised and carried out by the President of the Republic
and the Council of Ministers in conformity with the Constitution and the laws.
IX. Judicial Power
ARTICLE 9. Judicial power shall
be exercised by independent courts on behalf of the Turkish Nation.
X. Equality before Law
ARTICLE 10. All individuals are
equal without any discrimination before the law, irrespective of language,
race, colour, sex, political opinion, philosophical belief, religion and sect,
or any such considerations.
No privilege shall be granted to
any individual, family, group or class.
State organs and administrative
authorities shall act in compliance with the principle of equality before the
law in all their proceedings.
XI. Supremacy and Binding Force
of the Constitution
ARTICLE 11. The provisions of the
Constitution are fundamental legal rules binding upon legislative, executive
and judicial organs, and administrative authorities and other agencies and
individuals.
Laws shall not be in conflict
with the Constitution.
PART TWO
FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER ONE
GENERAL PROVISIONS
I. Nature of Fundamental Rights
and Freedoms
ARTICLE 12. Everyone possesses
inherent fundamental rights and freedoms which are inviolable and inalienable.
The fundamental rights and
freedoms also include the duties and responsibilities of the individual towards
society, his family, and other individuals.
II. Restriction of Fundamental
Rights and Freedoms
ARTICLE 13. Fundamental rights
and freedoms may be restricted by law, in conformity with the letter and spirit
of the Constitution, with the aim of safeguarding the indivisible integrity of
the State with its territory and nation, national sovereignty, the Republic,
national security, public order, general peace, the public interest, public
morals and public health, and also for specific reasons set forth in the
relevant articles of the Constitution.
General and specific grounds for
restrictions of fundamental rights and freedoms shall not conflict with the
requirements of the democratic order of society and shall not be imposed for
any purpose other than those for which they are prescribed.
The general grounds for
restriction set forth in this article shall apply for all fundamental rights
and freedoms.
III. Prohibition of Abuse of
Fundamental Rights and Freedoms
ARTICLE 14. None of the rights
and freedoms embodied in the Constitution shall be exercised with the aim of
violating the indivisible integrity of the State with its territory and nation,
of endangering the existence of the Turkish State and Republic, of destroying
fundamental rights and freedoms, of placing the government of the State under
the control of an individual or a group of people, or establishing the hegemony
of one social class over others, or creating discrimination on the basis of
language, race, religion or sect, or of establishing by any other means a
system of government based on these concepts and ideas.
The sanctions to be applied
against those who violate these prohibitions, and those who incite and provoke
others to the same end shall be determined by law.
No provision of this Constitution
shall be interpreted in a manner that would grant the right of destroying the
rights and freedoms embodied in the Constitution.
IV. Suspension of the Exercise of
Fundamental Rights and Freedoms
ARTICLE 15. In times of war,
mobilisation, martial law, or state of emergency the exercise of fundamental
rights and freedoms can be partially or entirely suspended, or measures may be
taken, to the extent required by the exigencies of the situation, which
derogate the guarantees embodied in the Constitution, provided that obligations
under international law are not violated.
Even under the circumstances
indicated in the first paragraph, the individual's right to life, and the
integrity of his material and spiritual entity shall be inviolable except where
death occurs through lawful acts of warfare and execution of death sentences;
no one may be compelled to reveal his religion, conscience, thought or opinion,
nor be accused on account of them; offences and penalties may not be made
retroactive, nor may anyone be held guilty until so proven by a court
judgement.
V. Status of Aliens
ARTICLE 16. The fundamental
rights and freedoms of aliens may be restricted by law in a manner consistent
with international law.
PART TWO
FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER TWO
THE RIGHTS AND DUTIES OF THE INDIVIDUAL
I. Personal Inviolability,
Material and Spiritual Entity of the Individual
ARTICLE 17. Everyone has the
right to life and the right to protect and develop his material and spiritual
entity.
The physical integrity of the
individual shall not be violated except under medical necessity and in cases
prescribed by law; he shall not be subject to scientific or medical experiments
without his consent.
No one shall be subjected to
torture or ill-treatment; no one shall be subjected to penalty or treatment
incompatible with human dignity.
The cases of carrying out of
death penalties under court sentences, the act of killing in self-defense, the
occurrences of death as a result of the use of a weapon permitted by law as a
necessary measure in cases of: apprehension, or the execution of warrants of
arrest, the prevention of escape of lawfully arrested or convicted persons, the
quelling of a riot or insurrection, the execution of the orders of authorized
bodies during martial law or state of emergency are outside of the provision of
paragraph 1.
II. Prohibition of Forced Labour
ARTICLE 18. No one shall be
required to perform forced labour. Unpaid compulsory work is prohibited.
The term forced labour does not
include work required of an individual while serving a court sentence or under
detention services required from citizens during a state of emergency, and
physical or intellectual work necessitated by the requirements of the country
as a civic obligation, provided that the form and conditions of such labour are
prescribed by law.
III. Personal
ARTICLE 19. Everyone has the
right to liberty and security of person.
No one shall be deprived of his
liberty except in the following cases where procedure and conditions are
prescribed by law: execution of sentences restricting liberty and the
implementation of security measures decided by courts, apprehension or
detention of a person as a result of a court order or as a result of an
obligation upon him designated by law; execution of an order for the purpose of
the educational supervision of a minor or for bringing him before the competent
authority; execution of measures taken in conformity with the relevant legal
provision for the treatment, education or correction in institutions of a
person of unsound mind, an alcoholic or drug addict or vagrant or a person
spreading contagious diseases, when such persons constitute a danger to the
public; apprehension or detention of a person who enters or attempts to enter
illegally into the country or concerning whom a deportation or extradition
order has been issued.
Individuals against whom there
are strong indications of having committed an offence can be arrested by
decision of judge solely for the purposes of preventing escape, or preventing
the destruction or alteration of evidence as well as in similar other
circumstances which necessitate detention and are prescribed by law.
Apprehension of a person without a decision by a judge shall be resorted to
only in cases when a person is caught in the act of committing an offence or in
cases where delay is likely to thwart justice; the conditions for such
apprehension shall be defined by law.
Individuals arrested or detained
shall be promptly notified, and in all cases in writing, or orally, when the
former is not possible, of the grounds for their arrest or detention and the
charges against them; in cases of offences committed collectively this
notification shall be made, at the latest, before the individual is brought
before the judge.
The person arrested or detained
shall be brought before a judge within fourty-eight hours and within fifteen
days in the case of offences committed collectively, excluding the time taken
to send him to the court nearest to the place of seizure. No one can be
deprived of his liberty without the decision of a judge after the expiry of the
above specified periods. These periods may be extended during a state of
emergency, under martial law or in time of war.
Notification of the situation of
the person arrested or detained shall be made to the next of kin, except in
cases of definite necessities pertaining to the risks of revealing the scope
and subject of the investigation compelling otherwise.
Persons under detention shall
have the right to request to be tried with a reasonable time or to be released
during investigation or prosecution. Release may be made conditional on the
presentation of an appropriate guarantee with a view to securing the presence
of the person at the trial proceedings and the execution of the court sentence.
Persons deprived of their liberty
under any circumstances are entitled to apply to the appropriate judicial
authority for speedy conclusion of proceedings regarding their situation and
for their release if the restriction placed upon them is not lawful.
Damages suffered by persons
subjected to treatment contrary to the above provisions shall be compensated
for according to law, by the State.
IV. Privacy and Protection of
Private Life
A. Privacy of the Individual's
Life
ARTICLE 20. Everyone has the
right to demand respect for his private and family life. Privacy of individual
and family life cannot be violated. Exceptions necessitated by judiciary
investigation and prosecution are reserved.
Unless there exists a decision
duly passed by a judge in cases explicitly defined by law, and unless there
exists an order of an agency authorised by law in cases where delay is deemed
prejudicial, neither the person nor the private papers, nor belongings of an
individual shall be searched nor shall they be seized.
B. Inviolability of Domicile
ARTICLE 21. The domicile of an
individual shall not be violated. Unless there exists a decision duly passed by
a judge in cases explicitly defined by law, and unless there exists an order of
an agency authorised by law in cases where delay is deemed prejudicial, no
domicile may be entered or searched, or the property therein seized.
C. Freedom of Communication
ARTICLE 22. Everyone has the
right to freedom of communication.
Secrecy of communication is
fundamental.
Communication shall not be
impeded nor its secrecy be violated, unless there exists a decision duly passed
by a judge in cases explicitly defined by law, and unless there exists an order
of an agency authorised by law in cases where delay is deemed prejudicial.
Public establishments or
institutions where exceptions to the above may be applied will be defined by
law.
V. Freedom of Residence and
Movement
ARTICLE 23. Everyone has the
right to freedom of residence and movement.
Freedom of residence may be
restricted by law for the purpose of preventing offences, promoting social and
economic development, ensuring sound and orderly urban growth, and protecting
public property; freedom of movement may be restricted by law for the purpose
of investigation and prosecution of an offence, and prevention of offences. A
citizen's freedom to leave the country may be restricted on account of the
national economic situation, civic obligations, or criminal investigation or
prosecution.
Citizens may not be deported, or
deprived of their right of entry into their homeland.
VI. Freedom of Religion and
Conscience
ARTICLE 24. Everyone has the
right to freedom of conscience, religious belief and conviction.
Acts of worship, religious
services, and ceremonies shall be conducted freely, provided that they do not
violate the provisions of Article 14.
No one shall be compelled to
worship, or to participate in religious ceremonies and rites, to reveal
religious beliefs and convictions, or be blamed or accused because of his
religious beliefs and convictions.
Education and instruction in religion
and ethics shall be conducted under State supervision and control. Instruction
in religious culture and moral education shall be compulsory in the curricula
of primary and secondary schools. Other religious education and instruction
shall be subjected to the individual's own desire, and in the case of minors,
to the request of their legal representatives.
No one shall be allowed to
exploit or abuse religion or religious feelings, or things held sacred by
religion, in any manner whatsoever, for the purpose of personal or political
influence, or for even partially basing the fundamental, social, economic,
political, and legal order of the State on religious tenets.
VII. Freedom of Thought and
Opinion
ARTICLE 25. Everyone has the
right to freedom of thought and opinion.
No one shall be compelled to
reveal his thoughts and opinions for any reason or purpose; nor shall any one
be blamed or accused on account of his thought and opinions.
VIII. Freedom of Expression and
Dissemination of Thought
ARTICLE 26. Everyone has the
right to express and disseminate his thought and opinion by speech, in writing
or in pictures or through other media, individually or collectively. This right
includes the freedom to receive and impart information and ideas without interference
from official authorities. This provision shall not preclude subjecting
transmission by radio, television, cinema, and similar means to a system of
licencing.
The exercise of these freedoms
may be restricted for the purposes of preventing crime, punishing offenders,
withholding information duly classified as a State secret, protecting the
reputation and rights and the private and family life of others, or protecting
professional secrets as prescribed by law, or ensuring the proper functioning
of the judiciary.
No language prohibited by law
shall be used in the expression and dissemination of thought. Any written or
printed documents, phonograph records, magnetic or video tapes, and other means
of expression used in contravention of this provision shall be seized by a duly
issued decision of a judge or, in cases where delay is deemed prejudicial, by
the competent authority designated by law. The authority issuing the seizure
order shall notify the competent judge of its decision within twenty-four hours.
The judge shall decide on the matter within three days.
Provisions regulating the use of
means of disseminating information and ideas shall not be interpreted as a
restriction of the freedom of expression and dissemination unless they prevent
the dissemination of information and thoughts.
IX. Freedom of Science and Arts
ARTICLE 27. Everyone has the
right to study and teach freely, explain, and disseminate science and arts and
to carry out research in these fields.
The right to disseminate shall
not be exercised for the purpose of changing the provisions of Articles 1, 2
and 3 of this Constitution.
The provisions of this article
shall not preclude regulation by law of the entry and distribution of foreign
publications in the country.
X. Provisions Relating to the
Press and Publication
A. Freedom of the Press
ARTICLE 28. The press is free,
and shall not be censored. The establishment of a printing house shall not be
subject to prior permission and to the deposit of a financial guarantee.
Publication shall not be made in
any language prohibited by law.
The State shall take the
necessary measures to ensure the freedom of the press and freedom of
information.
In the limitation of freedom of
the press, Articles 26 and 27 of the Constitution are applicable.
Anyone who writes or prints any
news or articles which threaten the internal or external security of the State
or the indivisible integrity of the State with its territory and nation, which
tend to incite offence, riot or insurrection, or which refer to classified
State secrets and anyone who prints or transmits such news or articles to
others for the above purposes, shall be held responsible under the law relevant
to these offences. Distribution may be suspended as a preventive measure by a
decision of judge, or in the event delay is deemed prejudicial, by the
competent authority designated by law. The authority suspending distribution
shall notify the competent judge of its decision within twenty-four hours at
the latest. The order suspending distribution shall become null and void unless
upheld by the competent judge within forty-eight hours at the latest.
No ban shall be placed on the
reporting of events, except by a decision of judge issued to ensure proper
functioning of the judiciary, within the limits to be specified by law.
Periodical and nonperiodical
publications may be seized by a decision of judge in cases of ongoing
investigation or prosecution of offences prescribed by law; and, in situations
where delay could endanger the indivisible integrity of the State with its
territory and nation, national security, public order or public morals and for
the prevention of offence by order of the competent authority designated by
law. The authority issuing the seizure order shall notify the competent judge
of its decision within twenty-four hours at the latest. The seizure order shall
become null and void unless upheld by the competent court within forty-eights
hours at the latest.
The general common provisions
shall apply when seizure and confiscation of periodicals and nonperiodicals for
reasons of criminal investigation and prosecution take place.
Periodicals published in
B. Right to Publish Periodicals
and Nonperiodicals
ARTICLE 29. Publication of
periodicals or nonperiodicals shall not be subject to prior authorisation or to
the deposit of a financial guarantee.
To publish a periodical it shall
suffice to submit the information and documents prescribed by law to the
competent authority designated by law. If the information and documents
submitted are found to be in contravention of law, the competent authority
shall apply to the appropriate court for suspension of publication.
The publication of periodicals,
the conditions of publication, the financial resources and rules relevant to
the profession of journalism shall be regulated by law. The law shall not
impose any political, economic, financial, and technical conditions obstructing
or making difficult the free dissemination of news, thought, or beliefs.
Periodicals shall have equal
access to the means and facilities of the State, other public corporate bodies,
and their agencies.
C. Protection of Printing
Facilities
ARTICLE 30. A printing press or
its annexes duly established as a publishing house under law shall not be
seized, confiscated, or barred from operation on the grounds of being an
instrument of crime, except in cases where it is convicted of offences against
the indivisible integrity of the State with its territory and nation, against
the fundamental principles of the Republic or against national security.
D. Right to Use Mass Media Other
Than the Press Which Are Owned by Public Corporations
ARTICLE 31. Individuals and
political parties have the right to use mass media and means of communication
other than the press owned by public corporations. The conditions and
procedures for such use shall be regulated by law.
The law shall not impose
restrictions preventing the public from receiving information or forming ideas
and opinions through these media, or preventing public opinion from being
freely formed, on grounds other than the general restrictions set forth in Article
13.
E. Right of Rectification and
Reply
ARTICLE 32. The right of
rectification and reply shall be accorded only in cases where personal
reputation and honour is attacked or in cases of unfounded allegation and shall
be regulated by law.
If a rectification or reply is
not published, the judge will decide, within seven days of appeal by the
individual involved, whether this publication is required.
XI. Rights and Freedoms of
Assembly
A. Freedom of Association
ARTICLE 33. Everyone has the
right to form associations without prior permission.
Submitting the information and
documents stipulated by law to the competent authority designated by law shall
suffice to enable an association to be formed. If the information and documents
submitted are found to contravene the law, the competent authority shall apply
to the appropriate court for the suspension of activities or dissolution of the
association involved.
No one shall be compelled to
become or remain a member of an association. The formalities, conditions, and
procedures governing the exercise of freedom of association shall be prescribed
by law.
Associations shall not contravene
the general grounds of restriction in Article 13, nor shall they pursue
political aims, engage in political activities, receive support from or give
support to political parties, or take joint action with labour unions, with
public professional organisations or with foundations.
Associations deviating from their
original aims or conditions of establishment, or failing to fulfill the
obligations stipulated by law shall be considered dissolved.
Associations may be dissolved by
decision of judge in cases prescribed by law. They may be suspended from
activity by the competent authority designated by law pending a court decision in
cases where delay endangers the indivisible integrity of the State with its
territory and nation, national security or sovereignty, public order, the
protection of the rights and freedoms of others, or the prevention of crime.
Provisions of the first paragraph
of this article shall not prevent imposition of restrictions on the rights of
Armed Forces and Security Forces officials and civil servants to form
associations, or the prohibition of the exercise of this right.
This article shall apply equally
to foundations and other organisations of the same nature.
B. Right to Hold Meetings and
Demonstration
ARTICLE 34. Everyone has the
right to hold unarmed and peaceful meetings and demonstration marches without
prior permission.
The competent administrative
authority may determine a site and route for the demonstration march in order
to prevent disruption of order in urban life.
The formalities, conditions, and
procedures governing the exercise of the right to hold meetings and
demonstration marches shall be prescribed by law.
The competent authority
designated by law may prohibit a particular meeting and demonstration march, or
postpone it for not more than two months in situations where there is a strong
possibility that disturbances may arise which would seriously upset public
order, where the requirement of national security may be violated, or where
acts aimed at destroying the fundamental characteristics of the Republic may be
committed. In cases where the law forbids all meetings or demonstration marches
in districts of a province for the same reasons, the postponement may not
exceed three months.
Associations, foundations, labour
unions, and public professional organisations shall not hold meetings or
demonstration marches exceeding their own scope and aims.
XII. Right of Property
ARTICLE 35. Everyone has the
right to own and inherit property.
These rights may be limited by
law only in view of public interest.
The exercise of the right to own
property shall not be in contravention of the public interest.
XIII. Provisions Relating to the
Protection of Rights
A. Freedom to Claim Rights
ARTICLE 36. Everyone has the
right of litigation either as plaintiff or defendant before the courts through
lawful means and procedure.
No court shall refuse to hear a
case within its jurisdiction.
B. Guarantee of Lawful Judge
ARTICLE 37. No one may be tried
by any judicial authority other than the legally designated court.
Extraordinary tribunals with
jurisdiction that would in effect remove a person from the jurisdiction of his
legally designated court shall not be established.
C. Principles Relating to
Offences and Penalties
ARTICLE 38. No one shall be
punished for any act which did not constitute a criminal offence under the law
in force at the time it was committed; no one shall be given a heavier penalty
for an offence than the penalty applicable at the time when the offence was
committed.
The provisions of the above
paragraph shall also apply to the statute of limitations on offences and
penalties and on the results of conviction.
Penalties, and security measures
in lieu of penalties, shall be prescribed only by law.
No one shall be held guilty until
proven guilty in a court of law.
No one shall be compelled to make
a statement that would incriminate himself or his legal next of kin, or to
present such incriminating evidence.
Criminal responsibility shall be
personal.
General confiscation shall not be
imposed as penalty.
The Administration shall not
impose any sanction resulting in restriction of personal liberty. Exceptions to
this provision may be introduced by law regarding internal order of the Armed
Forces.
No citizen shall be extradited to
a foreign country on account of an offence.
XIV. Right to Prove an Allegation
ARTICLE 39. In libel and
defamation suits involving allegations against persons in the public service in
connection with their functions or services, the defendant has the right to
prove the allegations. A plea for presenting proof shall not be granted in any
other case unless proof would serve the public interest or unless the plaintiff
consents.
XV. Protection of Fundamental
Rights and Freedoms
ARTICLE 40. Everyone whose
constitutional rights and freedoms are violated has the right to request prompt
access to the competent authorities.
Damages incurred by any person
through unlawful treatment by holders of public office shall be compensated by
the State. The State reserves the right of recourse to the official
responsible.
PART TWO
FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER THREE
SOCIAL AND ECONOMIC RIGHTS AND DUTIES
I. Protection of the Family
ARTICLE 41. The family is the
foundation of Turkish society.
The State shall take the
necessary measures and establish the necessary organisation to ensure the peace
and welfare of the family, especially the protection of the mother and
children, and for family planning education and application.
II. Right and Duty of Training
and Education
ARTICLE 42. No one shall be
deprived of the right of learning and education.
The scope of the right to
education shall be defined and regulated by law.
Training and education shall be
conducted along the lines of the principles and reforms of Ataturk, on the
basis of contemporary science and education methods, under the supervision and
control of the State. Institutions of training and education contravening these
provisions shall not be established.
The freedom of training and
education does not relieve the individual from loyalty to the Constitution.
Primary education is compulsory
for all citizens of both sexes and is free of charge in state schools.
The principles governing the
functioning of private primary and secondary schools shall be regulated by law
in keeping with the standards set for state schools.
The State shall provide
scholarships and other means of assistance to enable students of merit lacking
financial means to continue their education. The State shall take necessary
measures to rehabilitate those in need of special training so as to render such
people useful to society.
Training, education, research,
and study are the only activities that shall be pursued at institutions of
training and education. These activities shall not be obstructed in any way.
No language other than Turkish
shall be taught as mother tongue to Turkish citizens at any institutions of
training or education. Foreign languages to be taught in institutions of
training and education and the rules to be followed by schools conducting
training and education in a foreign language shall be determined by law. The
provisions of international treaties are reserved.
III. Public Interest
A. Utilization of the Coasts
ARTICLE 43. The coasts are under
the sovereignty and at the disposal of the State.
In the utilisation of the sea
coast, lake shores or river banks, and of the coastal strip along the sea and
lakes, public interest shall be taken into consideration with priority.
The width of coasts, and coastal
strips to be determined according to the purpose of utilization, and the
conditions and possibilities of such utilization by individuals shall be
determined by law.
B. Land Ownership
ARTICLE 44. The State shall take
the necessary measures to maintain and develop efficient land cultivation, to
prevent its loss through erosion, and to provide land to farmers with
insufficient land of their own, or no land. For this purpose, the law may
define the size of appropriate land units, according to different agricultural
regions and types of farming. Providing of land to farmers with no or
insufficient land shall not lead to a fall in production, or to the depletion
of forests and other land and underground resources.
Lands distributed for this
purpose shall neither be divided nor be transferred to others, except through
inheritance, and shall be cultivated only by farmers, to whom they have been
distributed, and their heirs. The principles relating to the recovery by the
State of the land thus distributed in the event of loss of these conditions
shall be prescribed by law.
C. Protection of Agriculture,
Animal Husbandry, and Persons Engaged in These Activities
ARTICLE 45. The State shall
assist farmers and livestock breeders in acquiring machinery, equipment and
other inputs in order to prevent improper use and destruction of agricultural
land, meadows and pastures and to increase crop and livestock production in
accordance with the principles of agricultural planning.
The State shall take necessary
measures to promote the values of crop and livestock products, and to enable
producers to be paid their real value.
D. Expropriation
ARTICLE 46. The State and public
corporations shall be entitled, where the public interest requires it, to
expropriate privately owned real estate wholly or in part or impose
administrative servitude on it in accordance with the principles and procedures
prescribed by law, provided that compensation is paid in advance.
The method and procedure for
calculating compensation for expropriation shall be prescribed by law. In
determining the compensation, the law shall take into account tax declarations,
current value established by official assessment at the time of expropriation,
unit prices and construction costs for real estate, and other objective
criteria.
The procedure for taxing and
difference between the sum due in compensation and the value declared in the
tax declaration shall be prescribed by law.
Compensation shall be paid in
cash and in advance. However, the procedure to be applied in paying
compensation for land expropriated in order to carry out land reform, major
energy and irrigation projects, and housing and resettlement schemes and
afforestation, and to protect the coasts and to build tourist facilities shall
be regulated by law. In the previous cases where the law may allow payment in
installments, the payment period shall not exceed five years; whence payment
shall be made in equal installments and an interest rate equivalent to the
highest interest paid on the public debt shall be paid for the remainder of
installments.
Compensation for land
expropriated from the small farmer who cultivates his own land shall in all
cases be paid in advance.
E. Nationalisation
ARTICLE 47. Private enterprises
performing public service may be nationalised when this is required by the
exigencies of public interest.
Nationalisation shall be carried
out on the basis of real value. The methods and procedures for calculating real
value shall be prescribed by law.
IV. Freedom to Work and Conclude
Contracts
ARTICLE 48. Everyone has the
freedom to work and conclude contracts in the field of his choice. The
establishment of private enterprises is free.
The State shall take measures to
ensure that private enterprises operate in accordance with national economic
requirements and social objectives and in conditions of security and stability.
V. Provisions Relating to Labour
A. Right and Duty to Work
ARTICLE 49. Everyone has the
right and duty to work.
The State shall take the
necessary measures to raise the standard of living of workers, to protect them
in order to improve the general conditions of labour, to promote labour, and to
create suitable economic conditions for prevention of unemployment.
The State shall take facilitating
and protecting measures in order to secure labour peace in worker-employer
relations.
B. Working Conditions and Right
to Rest and Leisure
ARTICLE 50. No one shall be
required to perform work unsuited to his age, sex, and capacity.
Minors, women, and persons with
physical or mental disabilities shall enjoy special protection with regard to
working conditions.
All workers have the right to
rest and leisure.
Rights and conditions relating to
paid weekends and holidays, together with paid annual leave, shall be regulated
by law.
C. Right to Organise Labour
Unions
ARTICLE 51. Workers and employers
have the right to form labour unions and employers' associations and higher
organisations, without prior permission, in order to safeguard and develop
their economic and social right and the interests of their members in their
labour relations.
In order to form unions and their
higher bodies, it shall suffice to submit the information and documents
prescribed by law to the competent authority designated by law. If this
information and documentation is not in conformity with law, the competent
authority shall apply to the appropriate court for the suspension of activities
or the dissolution of the union or the higher body.
Everyone shall be free to become
a member of or withdraw from membership in a union.
No one shall be compelled to
become a member, remain a member, or withdraw from membership of a union.
Workers and employers cannot hold
concurrent membership in more than one labour union or employers' association.
Employment in a given workplace
shall not be made conditional on being, or not being, a member of a labour
union.
To become an executive in a
labour union or in higher organisations of them it is a prerequisite condition
that the workers should have held the status of a labourer for at least ten
years.
The status, the administration,
and the functioning of the labour unions and their higher bodies should not be
inconsistent with the characteristics of the Republic as defined in the
Constitution, or with democratic principles.
D. Activities of Labour Unions
ARTICLE 52. Labour unions, in
addition to being under the general restrictions set forth in Article 13, also
shall not pursue a political cause, engage in political activity, receive
support from political parties or give support to them, and shall not act
jointly for these purposes with associations, public professional
organisations, and foundations.
The fact of engaging in labour
union activities in a workplace shall not justify failure to perform one's
work.
The administrative and financial
supervision of labour unions by the State, and their revenues and expenditures,
and the method of payment of membership dues to the labour union, shall be
regulated by law.
Labour unions shall not use their
revenues beyond the scope of their professional aims, and shall keep all their
funds in State banks.
VI. Collective Bargaining, Right
to Strike, and Lockout
A. Right of Collective Bargaining
ARTICLE 53. Workers and employers
have the right to conclude collective bargaining agreements in order to
regulate reciprocally their economic and social position and conditions of
work.
The procedure to be followed in
concluding collective bargaining agreements shall be regulated by law.
More than one collective
bargaining agreement at the same place of work for the same period shall not be
concluded or put into effect.
B. Right to Strike, and Lockout
ARTICLE 54. Workers have the
right to strike if a dispute arises during the collective bargaining process.
The procedures and conditions governing the exercise of this right and the
employer's recourse to a lockout, the scope of both actions, and the exceptions
to which they are subject shall be regulated by law.
The right to strike, and lockout
shall not be exercised in a manner contrary to the principle of goodwill to the
detriment of society, and in a manner damaging national wealth.
During a strike, the labour union
is liable for any material damage caused in a workplace where the strike is
being held, as a result of deliberate negligent behaviour by the workers and
the labour union.
The circumstances and places in
which strikes and lockouts may be prohibited or postponed shall be regulated by
law.
In cases where a strike or a
lockout is prohibited or postponed, the dispute shall be settled by the Supreme
Arbitration Board at the end of the period of postponement. The disputing
parties may apply to the Supreme Arbitration Board by mutual agreement at any
stage of the dispute.
The decisions of the Supreme
Arbitration Board shall be final and have the force of collective bargaining
agreement.
The organisation and functions of
the Supreme Arbitration Board shall be regulated by law.
Politically motivated strikes and
lockouts, solidarity strikes and lockouts, occupation of work premises, labour
go-slows, production decreasing, and other forms of obstruction are prohibited.
Those who refuse to go on strike
shall in no way be barred from working at their workplace by strikers.
VII. Guarantee of Fair Wage
ARTICLE 55. Wages shall be paid
in return for work.
The State shall take the
necessary measures to ensure that workers earn a fair wage suitable for the work
they perform and that they enjoy other social benefits.
In determining the minimum wage,
the economic and social conditions of the country shall be taken into account.
VIII. Health, the Environment,
and Housing
A. Health Services and
Conservation of the Environment
ARTICLE 56. Everyone has the
right to live in a healthy, balanced environment.
It is the duty of the State and
the citizens to improve the natural environment, and to prevent environmental
pollution.
To ensure that everyone lead
their lives in conditions of physical and mental health and to secure
cooperation in terms of human and material resources through economy and
increased productivity, the State shall regulate central planning and
functioning of the health services.
The State shall fulfill this task
by utilizing and supervising the health and social assistance institutions, in
both the public and private sectors.
In order to establish widespread
health services general health insurance may be introduced by law.
B. Right to Housing
ARTICLE 57. The State shall take
measures to meet the needs for housing, within the framework of a plan which
takes into account the characteristics of cities and environmental conditions
and supports community housing projects.
IX. Youth and Sports
A. Protection of Youth
ARTICLE 58. The State shall take
measures to ensure the training and development of youth into whose keeping our
State, independence, and our Republic are entrusted, in the light of
contemporary science, in line with the principles and reforms of Ataturk, and
in opposition to ideas aiming at the destruction of the indivisible integrity
of the State with its territory and nation.
The State shall take necessary
measures to protect youth from addiction to alcohol, drug addiction, crime, gambling,
and similar vices, and ignorance.
B. Development of Sports
ARTICLE 59. The State shall take
measures to develop the physical and mental health of Turkish citizens of all
ages, and encourage the spread of sports among the masses.
The State shall protect
successful athletes.
X. Social Security Rights
A. Right to Social Security
ARTICLE 60. Everyone has the
right to social security.
The State shall take the
necessary measures and establish the organisation for the provision of social
security.
B. Persons Requiring Special
Protection in the Field of Social Security
ARTICLE 61. The State shall
protect the widows and orphans of those killed in war and in the line of duty,
together with the disabled and war veterans, and ensure that they enjoy a
decent standard of living.
The State shall take measures to
protect the disabled and secure their integration into community life.
The aged shall be protected by
the State. State assistance to the aged, and other rights and benefits shall be
regulated by law.
The State shall take all kinds of
measures for social resettlement of children in need of protection.
To achieve these aims the State
shall establish the necessary organisations or facilities, or arrange for their
establishment by other bodies.
C. Turkish Nationals Working
Abroad
ARTICLE 62. The State shall take
the necessary measure to ensure the family unity, the education of the
children, the cultural needs, and the social security of Turkish Nationals
working abroad, and shall take the necessary measures to safeguard their ties
with the country and to help them on their return home.
XI. Conservation of Historical,
Cultural, and Natural Wealth
ARTICLE 63. The State shall
ensure the conservation of the historical, cultural and natural assets and
wealth, and shall take supporting and promoting measures towards this end.
Any limitations to be imposed on
such assets and wealth which are privately owned and the compensation and
exemptions to be accorded to the owners of such, as a results of these
limitations, shall be regulated by law.
XII. Protection of Arts and
Artists
ARTICLE 64. The State shall
protect artistic activities and artists. The State shall take the necessary
measures to protect, promote, and support works of art and artists, and
encourage the spread of art appreciation.
XIII. The Extent of Social and
Economic Rights
ARTICLE 65. The State shall
fulfill its duties as laid down in the Constitution in the social and economic
fields within the limits of its financial resources, taking into consideration
the maintenance of economic stability.
PART TWO
FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER FOUR
POLITICAL RIGHTS AND DUTIES
I. Turkish Citizenship
ARTICLE 66. Everyone bound to the
The child of a Turkish father or
a Turkish mother is a Turk. The citizenship of a child of a foreign father and
a Turkish mother shall be defined by law.
Citizenship can be acquired under
the conditions stipulated by law, and shall be forfeited only in cases
determined by law.
No Turk shall be deprived of
citizenship, unless he commits an act incompatible with loyalty to the
motherland.
Recourse to the courts, against
the decisions and proceedings related to the deprivation of citizenship, shall
not be denied.
II. Right to Vote, to Be Elected,
and to Engage in Political Activity
ARTICLE 67. In conformity with
the conditions set forth in the law, citizens have the right to vote, to be
elected, and to engage in political activities independently or in a political
party, and to take part in a referendum.
Elections and referendums shall
be held under the direction and supervision of the judiciary, according to the
principles of free, equal, secret, direct, universal suffrage, and public
counting of the votes.
All Turkish citizens entering the
age of 20 in the year of election and referendum shall have the right to vote
in elections and take part in a referendum, the months and days of the age not
taken into account.
The exercise of these rights
shall be regulated by law.
Conscripts serving in the Armed
Services, students in military schools, and detainees and convicts in prisons
cannot vote.
III. Provisions Relating to
Political Parties
A. Forming Parties, Membership
and Withdrawal from Membership in a Party
ARTICLE 68. Citizens have the
right to form political parties, and to join and withdraw from them in
accordance with the established procedure. To become a member of a party one
must be over 21 years of age.
Political parties are
indispensable elements of the democratic political system.
Political parties shall be
founded without prior permission and shall pursue their activities in
accordance with the provisions set forth in the Constitution and law.
The statutes and programmes of
political parties shall not be in conflict with the indivisible integrity of
the State with its territory and nation, human rights, national sovereignty,
and the principles of the democratic and secular Republic.
Political parties whose aim is to
support and to set up the domination of a class or group, or any kind of
dictatorship, cannot be formed.
Political parties shall not
organise and function abroad, shall not form discriminative auxiliary bodies
such as women's or youth branches, nor shall they establish foundations.
Judges and prosecutors, members
of higher judicial organs, members of the teaching staff at institutions of
higher education, members of the Higher Education Council, civil servants in
public organisations and corporations, and other public servants who are not
considered to be labourers by virtue of the services they perform, students,
and members of the Armed Forces, shall not become members of political parties.
B. Principles to be Observed by
Political Parties
ARTICLE 69. Political parties
shall not engage in activities outside the lines of their statutes and
programmes, and shall not contravene the restrictions set forth in Article 14
of the Constitution; those that contravene them shall be dissolved permanently.
Political parties shall not have
political ties and engage in political cooperation with associations, unions,
foundations, cooperatives, and public professional organisations and their
higher bodies in order to implement and strengthen their party policies, nor
shall they receive material assistance from these bodies.
The internal functioning and the
decisions of political parties shall not be contrary to the principles of
democracy.
The auditing of political parties
shall be carried out by the
The Office of the Chief Public
Prosecutor shall examine, with priority, the conformity of the status and
programmes of new parties and of the status of their founders in view of the
Constitution and the law; and shall also follow their activities.
The dissolution of political
parties shall be decided by the
The founding members and
administrators at every level of a political party which has been permanently
dissolved shall not become founding members, administrators, or comptrollers of
a new political party; nor shall any new political party be founded, the
majority of whose members are former members of a political party previously
dissolved.
Political parties shall not
receive assistance in kind or cash from foreign states, international
organisations, associations, and groups in foreign countries, nor shall they
take orders from these bodies, or participate in their decisions and activities
which are prejudicial to the independence and territorial integrity of
The formulation and activities,
supervision, and dissolution of political parties shall be regulated by law
within the above mentioned provisions.
IV. Right to Enter the Public
Service
A. Entry into the Public Service
ARTICLE 70. Every Turk has the
right to enter the public service.
No criteria other than the
qualifications for the office concerned shall be taken into consideration for
recruitment into the public service.
B. Declaration of Assets
ARTICLE 71. Declaration of assets
by persons entering public service, and the frequency of such declaration,
shall be determined by law. Those serving in the legislative and executive
organs shall not be exempted from this requirement.
V. National Service
ARTICLE 72. National service is
the right and duty of every Turk. The manner in which this service shall be
performed, or considered as performed, either in the Armed Forces or in the
public service, shall be regulated by law.
VI. Obligation to Pay Taxes
ARTICLE 73. Everyone is under the
obligation to pay taxes according to his financial resources, in order to meet
public expenditures.
An equitable and balanced
distribution of the tax burden is the social objective of fiscal policy.
Taxes, fees, duties, and other
such financial impositions shall be imposed, amended, or revoked by law.
The Council of Ministers may be
empowered to amend the percentages of exemption, exceptions, and reductions in
taxes, fees, duties, and other such financial impositions within the minimum
and maximum limits prescribed by law.
VII. Right of Petition
ARTICLE 74. Citizens have the
right to apply in writing to the competent authorities and to the Turkish Grand
National Assembly with regard to requests and complaints concerning themselves
or the public.
The result of the application
concerning himself shall be made known to the petitioner in writing.
The way of exercising this right
shall be determined by law.
PART THREE
FUNDAMENTAL ORGANS OF THE
REPUBLIC
CHAPTER ONE
LEGISLATIVE POWER
I. The Turkish Grand National
Assembly
A. Composition
ARTICLE 75. The Turkish Grand
National Assembly shall be composed of our-hundred and fifty deputies elected by
universal suffrage by the nation.
B. Eligibility to be a Deputy
ARTICLE 76. Every Turk over the
age of 30 is eligible to be a deputy.
Persons who have not completed
their primary education, who have been deprived of legal capacity, who have
failed to perform compulsory military service, who are banned from public
service, who have been sentenced to a prison term totalling one year or more
excluding involuntary offences, or to a heavy imprisonment; those who have been
convicted for dishonourable offences such as embezzlement, corruption, bribery,
theft, fraud, forgery, breach of trust, fraudulent bankruptcy; and persons
convicted of smuggling, conspiracy in official bidding tender, or purchases, of
offences related to the disclosure of State secrets, of involvement in
ideological and anarchistic activities, and incitement and encouragement of
such activities, shall not be elected deputies, even if they have been
pardoned.
Judges and prosecutors, members
of the higher judicial organs, members of the teaching staff at institutions of
higher education, members of the Higher Education Council, employees of public
institutions and agencies who have the status of civil servants, other public
employees not regarded as labourers on account of the duties they perform, and
members of the Armed Forces shall not stand for election or be eligible to be a
deputy unless they resign from office.
C. Election Term of the Turkish
Grand National Assembly
ARTICLE 77. Elections for the
Turkish Grand National Assembly shall be held every five years.
The Assembly may decide to hold
new elections before the termination of this period, and new elections may also
be decided upon according to a decision, taken in accordance with the
conditions set forth in the Constitution, by the President of the Republic. A
deputy whose term of office expires may be eligible for reelection.
In the event of a decision to
hold new elections, the powers of the Assembly shall continue until the
election of a new Assembly.
D. Deferment of Elections to the
Turkish Grand National Assembly, and By-elections
ARTICLE 78. If the holding of new
elections is found impossible because of war, the Turkish Grand National
Assembly may decide to defer elections for a year.
If the grounds for deferment do
not disappear this measure may be repeated under the procedure for deferment.
By-elections shall be held when
vacancies arise in the membership of the Turkish Grand National Assembly.
By-elections shall be held once in every election term and cannot be held until
30 months have elapsed from the date of the previous general elections.
However, in cases where the number of vacant seats reaches five percent of the
total number of seats, by-elections shall be held within three months.
By-elections shall not be held
within one year before general elections.
E. General Administration and
Supervision of the Elections
ARTICLE 79. Elections shall be
held under the general administration and supervision of the judicial organs.
The Supreme Election Council
shall execute all the functions to ensure the fair and orderly conduct of the
elections from the beginning to the end of polling, carry out investigations
and take final decisions on all irregularities, complaints, and objections
concerning the elections during and after the polling, and verify the election
returns of the members of the Turkish Grand National Assembly. No appeal shall
be made to any authority against the decisions of the Supreme Election Council.
The functions and powers of the
Supreme Election Council and other election councils shall be determined by
law.
The Supreme Election Council
shall be composed of seven regular members and four substitutes. Six of the
members shall be elected by the Plenary Assembly of the High Court of Appeals,
and five members shall be elected by the Plenary Assembly of the Council of
State from amongst its own members, by secret ballot and by an absolute
majority of the total number of members. These members shall elect a Chairman
and a Vice-Chairman from amongst themselves, by absolute majority and secret
ballot.
Amongst the members elected to
the Supreme Election Council by the High Court of Appeals and by the Council of
State, two members from each group shall be designated, by lot, as substitute
members. The Chairman and Vice-Chairman of the Supreme Election Council shall
not take part in this procedure.
The general conduct and
supervision of a referendum on legislation amending the Constitution shall be
subject to the same provisions as those relating to the election of deputies.
F. Provisions Relating to
Membership
ARTICLE 80. Members of the
Turkish Grand National Assembly represent, not merely their own constituencies
or constituents, but the Nation as a whole.
2. Oath-taking
ARTICLE 81. Members of the
Turkish Grand National Assembly, on assuming office, shall take the following
oath:
"I swear upon my honour and
integrity, before the great Turkish nation, to safeguard the existence and
independence of the State, the indivisible integrity of the country and the
Nation, and the absolute sovereignty of the Nation; to remain loyal to the
supremacy of law, to the democratic and secular Republic, and to Ataturk's
principles and reforms; not to deviate from the ideal according to which
everyone is entitled to enjoy human rights and fundamental freedoms under peace
and prosperity in society, national solidarity and justice, and loyalty to the
Constitution."
3. Activities Incompatible with
Membership
ARTICLE 82. Members of the
Turkish Grand National Assembly shall not hold office in State departments and
other public corporate bodies and their subsidiaries; in corporations and
enterprises affiliated with the State and other public corporate bodies; in the
executive or supervisory organs of enterprises and corporations where there is direct
or indirect participation of the State and public corporate bodies; in the
executive and supervisory organs of public benefit associations, whose special
resources of revenue and privileges are provided by law; in the executive and
supervisory organs of foundations which enjoy tax exemption and receive
financial subsidies from the state; and in the executive and supervisory organs
of labour unions and public professional organisations, and in the enterprises
and corporations in which the above-mentioned unions and associations or their
higher bodies have a share; nor can they be appointed as representatives of the
above-mentioned bodies or be part to a business contract, directly or
indirectly, and be arbitrators of representatives in their business transactions.
Members of the Turkish Grand
National Assembly shall not be entrusted with any official or private duties
involving recommendation, appointment, or approval by the executive organ.
Acceptance by a deputy of a temporary assignment given by the Council of
Ministers on a specific matter, and not exceeding a period of six months, is
subject to the approval of the Assembly.
Other functions and activities
incompatible with membership in the Turkish Grand National Assembly shall be
regulated by law.
4. Parliamentary Immunity
ARTICLE 83. Members of the
Turkish Grand National Assembly shall not be liable for their votes and
statements concerning parliamentary functions, for the views they express
before the Assembly, or unless the Assembly decides otherwise on the proposal
of the Bureau for that sitting, for repeating or revealing these outside the
Assembly.
A deputy who is alleged to have
committed an offence before or after the election shall not be arrested,
interrogated, detained, or tried unless the Assembly decides otherwise. This
provision shall not apply in cases where a member is caught in the act of
committing a crime punishable by a heavy penalty and in cases subject to
Article 14 of the Constitution if an investigation has been initiated before
the election. However, in such situations the competent authority shall notify
the Turkish Grand National Assembly immediately and directly.
The execution of a criminal
sentence imposed on a member of the Turkish Grand National Assembly either
before or after his election shall be suspended until he ceases to be a member;
the statute of limitations does not apply during the term of membership.
Investigation and prosecution of
a reelected deputy shall be subject to the renewed waiver of immunity by the
Assembly.
Political party groups in the
Turkish Grand National Assembly shall not hold discussions or take decisions
regarding parliamentary immunity.
5. Loss of Membership
ARTICLE 84. The loss of
membership by deputies shall be decided by an absolute majority of the total
number of members in respect of deputies who resign, who are convicted of an
offence precluding election to the Turkish Grand National Assembly, who are
deprived of their legal capacity, who resign from their party in order to join another
party, or take up a ministerial post in the Council of Ministers other than a
provisional ministerial post during the election period who assume a function
incompatible with membership, or who failed to attend without excuse, five
meetings in a period of one month.
A deputy who resigns from his
party shall not be nominated as a candidate in the following elections by the
central organs of any party existing at the time of his resignation.
The membership of a deputy, whose
acts and statements are cited in a judgement of the Constitutional Court as
having caused the dissolution of a political party and that of other deputies
who belonged to the party on the date when the action for dissolution was
brought, shall end when the Presidency of the Turkish Grand National Assembly
is notified of the dissolution order.
6. Application for Annulment
ARTICLE 85. If the Turkish Grand
National Assembly decides to waive the parliamentary immunity of a member or
disqualify him from membership, the member concerned or any member of the
Turkish Grand National Assembly may, within a week of the decision, appeal to
the Constitutional Court for the decision to be annulled on the grounds that it
is contrary to the Constitution or to the Rules of Procedure of the Assembly. The
Constitutional Court shall decide on the appeal within fifteen days.
7. Salaries and Allowances
ARTICLE 86. The salaries and
allowances of the members of the Turkish Grand National Assembly shall be
regulated by law. The monthly amount of the salary shall not exceed the salary
of the most senior civil servant; the travel allowance shall not exceed half of
that salary.
The salaries and allowances paid
to the members of the Turkish Grand National Assembly shall not necessitate the
suspension of payments of pensions and similar benefits by social security
agencies.
A maximum of three months'
salaries and allowances may be paid in advance.
II. Functions and Power of the
Turkish Grand National Assembly
A. General Provisions
ARTICLE 87. The functions and powers
of the Turkish Grand National Assembly comprise the enactment, amendment, and
repeal of laws; the supervision of the Council of Ministers and the ministers;
authorisation of the Council of Ministers to issue governmental decrees having
force of law on certain matters; debating and approval of the budget draft and
the draft law of the final accounts; making decisions regarding printing of
currency and declaration of war; ratifying international agreements, deciding
on the proclamation of amnesties and pardons, excluding those who have been
convicted for activities set out in Article 14 of the Constitution; confirming
death sentences passed by the courts; and exercising the powers and executing
the functions envisaged in the other articles of the Constitution.
B. Introduction and Debate of the
Laws
ARTICLE 88. The Council of
Ministers and deputies are empowered to introduce laws.
The procedure and principles
relating to the debating of draft bills and proposals of law in the Turkish
Grand National Assembly shall be regulated by the Rules of Procedure.
C. Promulgation of Laws by the
President of the Republic
ARTICLE 89. The President of the
Republic shall promulgate the laws adopted by the Turkish Grand National
Assembly within fifteen days.
He shall, within the same period,
refer to the Turkish Grand National Assembly for further consideration laws
which he deems unsuitable for promulgation, together with a statement of his
reasons. Budget laws shall not be subject to this provision.
If the Turkish Grand National
Assembly adopts in its unchanged form the law referred back, the President of
the Republic shall promulgate it; if the Assembly amends the law which was
referred back, the President of the Republic may again refer back the amended
law to the Assembly.
Provisions relating to
Constitutional amendments are reserved.
D. Ratification of International
Treaties
ARTICLE 90. The ratification of
treaties concluded with foreign states and international organisations on
behalf of the Republic of Turkey, shall be subject to adoption by the Turkish
Grand National Assembly by a law approving the ratification.
Agreements regulating economic,
commercial, and technical relations, and covering a period of no more than one
year, may be put into effect through promulgation, provided they do not entail
any financial commitment by the state, and provided they do not infringe upon
the status of individuals or upon the property rights of Turkish citizens
abroad. In such cases, these agreements must be brought to the knowledge of the
Turkish Grand National Assembly within two months of their promulgation.
Agreements in connection with the
implementation of an international treaty, and economic, commercial, technical,
or administrative agreements which are concluded depending on an authorisation
given by law shall not require approval by the Turkish Grand National Assembly.
However, agreements concluded under the provision of this paragraph and
affecting the economic, or commercial relations and private rights of individuals
shall not be put into effect unless promulgated.
Agreements resulting in
amendments to Turkish laws shall be subject to the provisions of the first
paragraph.
International agreements duly put
into effect carry the force of law. No appeal to the Constitutional Court can
be made with regard to these agreements, on the ground that they are
unconstitutional.
E. Authorisation to Enact Decrees
Having Force of Law
ARTICLE 91. The Turkish Grand
National Assembly may empower the Council of Ministers to issue decrees having
force of law. However, the fundamental rights, individual rights, and duties
included in the First and Second Chapter of the Second Part of the Constitution
and the political rights and duties listed in the Fourth Chapter cannot be
regulated by decrees having force of law except during periods of martial law
and states of emergency.
The empowering law shall define
the purpose, scope, principles, and operative period of the decree having force
of law, and whether more than one decree will be issued within the same period.
Resignation or fall of the
Council of Ministers or expiration of the legislative term shall not cause the
termination of the power conferred for the given period.
When approving a decree having
force of law before the end of the prescribed period, the Turkish Grand
National Assembly shall also state whether the power has terminated or will
continue until the expiry of the said period.
Provisions relating to the
decrees having force of law issued by the Council of Ministers meeting under
the chairmanship of the President of the Republic, in time of martial law or
states of emergency, are reserved.
Decrees having force of law shall
come into force on the day of their publication in the Official Gazette.
However, a later date may be indicated in the decree as the date of entry into
force.
Decrees are submitted to the
Turkish Grand National Assembly on the day of their publication in the Official
Gazette.
Laws of empowering and decrees
having force of law which are based on these shall be discussed in the
committees and in the plenary session of the Turkish Grand National Assembly
with priority and urgency.
Decrees not submitted to the
Turkish Grand National Assembly on the day of their publication shall cease to
have effect on that day and decrees rejected by the Turkish Grand National
Assembly shall cease to have effect on the day of the publication of the
decision in the Official Gazette. The amended provisions of the decrees which
are approved as amended shall go into force on the day of their publication in
the Official Gazette.
F. Declaration of State of War
and Authorisation to Permit the Use of Armed Forces
ARTICLE 92. The power to
authorise the declaration of the state of war in cases deemed legitimate by
international law, and, except where required by international treaties to
which Turkey is a party or by the rules of international courtesy, to send
Turkish Armed Forces to foreign countries, and to allow foreign armed forces to
be stationed in Turkey is vested in the Turkish Grand National Assembly.
If the country is subjected,
while the Turkish Grand National Assembly is adjourned or in recess, to sudden
armed aggression and it thus becomes imperative to decide immediately on the
use of armed forces, the President of the Republic can decide on the use of the
Turkish Armed Forces.
III. Provision Relating to the
Activities of the Turkish Grand National Assembly
A. Convening and Adjournment
ARTICLE 93. The Turkish Grand
National Assembly shall convene of its own accord on the first day of September
each year.
The Assembly may be in recess for
a maximum of three months in the course of a legislative year. During an
adjournment and recess it may be summoned by the President of the Republic
either on his own initiative or at the request of the Council of Ministers.
The President of the Assembly may
also summon the Assembly either on his own initiative or at the written request
of one-fifth of the members.
If the Turkish Grand National
Assembly is convened during an adjournment or recess, it shall not adjourn or
go into recess again before having given priority consideration to the matter
requiring the summons.
B. Bureau of the Assembly
ARTICLE 94. The Bureau of the
Assembly of the Turkish Grand National Assembly shall be composed of the
President, the Deputy Presidents, Secretary Members, and Administrative Members
elected from among the Assembly members.
The Bureau of the Assembly shall
be so composed as to ensure proportionate representation to the number of
members of each political party group in the Assembly. Political party groups
shall not nominate candidates for the Presidency.
Two elections to the Bureau of
the Turkish Grand National Assembly shall be held in the course of one
legislative term. The term of office of those elected in the first round is two
years and the term of office of those elected in the second round is three
years.
The candidates from among the
members of the Assembly for the President of the Turkish Grand National
Assembly shall be announced, within ten days of convening of the Assembly, to
the Bureau of the Assembly. Election of the President shall be held by secret
ballot. In the first two ballots, a two-thirds majority of the total number of
members, and in the third ballot an absolute majority of the total number of
members is required. If the absolute majority cannot be obtained in the third
ballot a fourth ballot shall be held between the two candidates who have
received the greatest number of votes in the third ballot; the member who receives
the greatest number of votes in the fourth ballot shall be elected President.
The election of the President, shall be completed within ten days of the expiry
of the period for the nomination of candidates.
The quorum required for election,
the number of ballots and its procedure, the number of Deputy Presidents,
Secretary Members, and Administrative Members, shall be stipulated by the Rules
of Procedure of the Assembly.
The President and Deputy
Presidents of the Turkish Grand National Assembly cannot participate in the
activities of the political party or party group of which they are a member nor
in debates, within or outside the Assembly, except in cases required by their
functions; the President and the Deputy President who is presiding over the
session shall not vote.
C. Rules of Procedure, Political
Party Security Affairs
ARTICLE 95. The Grand National
Assembly of Turkey shall carry out its activities in accordance with the
provisions of the Rules of Procedure drawn up by itself.
The provisions of the Rules of
Procedure shall be drawn up in such a way as to ensure the participation of
each political party group in all the activities of the Assembly in proportion
to its number of members. Political party groups shall only be constituted if
they have at least twenty members.
All security and administrative
services of the Turkish Grand National Assembly regarding all buildings,
installations, annexes, and its grounds shall be organised and directed by the
Office of the President of the Assembly.
Sufficient forces to ensure
security and other such services shall be allocated to the Office of the
President of the Assembly by the relevant authorities.
D. Quorums Required for Sessions
and Decisions
ARTICLE 96. Unless otherwise
stipulated in the Constitution, the Turkish Grand National Assembly shall
convene with at least one-third of the total number of members and shall take
decisions by an absolute majority of those present; however, the quorum for
decisions can, under no circumstances, be less than a quarter plus one of the
total number of members.
Members of the Council of
Ministers may delegate a minister to vote on their behalf in sessions of the
Turkish Grand National Assembly which they are unable to attend. However, a
minister shall not cast more than two votes including his own.
E. Publicity and Publication of
Debates
ARTICLE 97. Debates held in the
Plenary session of the Turkish Grand National Assembly shall be public and
shall be published verbatim in the Journal of Records.
The Turkish Grand National
Assembly may hold closed sessions in accordance with the provisions of its
Rules of Procedure; the publication of debates of such sessions shall be
subject to the decision of the Turkish Grand National Assembly.
Public proceedings of the Assembly
may be freely published through all means, unless a decision to the contrary is
adopted by the Assembly upon a proposal of the Bureau of the Assembly.
IV. Ways of collecting
Information and Supervision by the Turkish Grand National Assembly
A. General Provisions
ARTICLE 98. The Turkish Grand
National Assembly shall exercise its supervisory power by means of questions,
Parliamentary inquiries, general debates, interpellation, and Parliamentary
investigations.
A question is a request for
information addressed to the Prime Minister or ministers to be answered orally
or in writing on behalf of the Council of Ministers.
A Parliamentary inquiry is an
examination conducted to obtain information on a specific subject.
A general debate is the
consideration of a specific subject relating to the community and the
activities of the State at the plenary sessions of the Turkish Grand National
Assembly.
The form of presentation,
content, and scope of the motions concerning questions, Parliamentary
inquiries, and general debates, and the procedures for answering, debating, and
investigating them shall be regulated by the Rules of Procedure.
B. Interpellation
ARTICLE 99. A motion for
interpellation may be tabled either on behalf of a political party group, or by
the signature of at least twenty deputies.
The motion for interpellation
shall be circulated in printed form to the members within three days of its
being tabled; inclusion of a motion of interpellation in the agenda shall be
debated within ten days of its circulation. In this debate, only one of the
signatories to the motion, one deputy from each political party group, and the
Prime Minister or one minister on behalf of the Council of Ministers, may take
the floor.
Together with the decision to
include the motion of interpellation on the agenda, the date for debating it
will also be decided; however, the debate shall not take place less than two
days after the decision to place it on the agenda and shall not be deferred
more than seven days.
In the course of the debate on
the motion of interpellation, a motion of no-confidence with a statement of
reasons tabled by deputies or party groups, or the request for a vote of
confidence by the Council of Ministers, shall be put to vote only after a full
day has elapsed.
In order to unseat the Council of
Ministers or a minister, an absolute majority of the total number of members
shall be required in the voting, in which only the votes of no-confidence shall
be counted.
Other provisions concerning
interpellations, provided that they are consistent with the smooth functioning
of the Assembly, and with the above-mentioned principles shall be designed by
the Rules of Procedure.
C. Parliamentary Investigation
ARTICLE 100. Parliamentary
investigation concerning the Prime Minister or other ministers may be requested
with a motion tabled by at least one-tenth of the total number of members of
the Turkish Grand National Assembly. The Assembly shall consider and decide on
this request within one month at the latest.
In the event of a decision to
initiate an investigation, this investigation shall be conducted by a
commission of fifteen members chosen by lot on behalf of each party from among
three times the number of members the party is entitled to have on the
commission, representation being proportional to the parliamentary membership
of the party. The commission shall submit its report on the result of the
investigation to the Assembly within two months. If the investigation is not
completed within the time allotted, the commission shall be granted a further
and final period of two months.
The Assembly shall debate the
report with priority and, if found necessary, may decide to bring the person
involved before the Supreme Court. The decision to bring a person before the
Supreme Court shall be taken only by an absolute majority of the total number
of members.
Political party groups in the
Assembly shall not hold discussions or take decisions regarding Parliamentary
investigations.
PART THREE
FUNDAMENTAL ORGANS OF THE REPUBLIC
CHAPTER TWO
EXECUTIVE
I. President of the Republic
A. Qualifications and
Impartiality
ARTICLE 101. The President of the
Republic shall be elected for a term of office of seven years by the Turkish
Grand National Assembly from among its own members who are over 40 years of age
and who have completed their higher education or from among Turkish citizens
who fulfill these requirements and are eligible to be deputies.
The nomination of a candidate for
the Presidency of the Republic from outside the Turkish Grand National Assembly
shall require a written proposal by at least one-fifth of the total number of
members of the Assembly.
The President of the Republic
cannot be elected for a second time.
The President-elect, if a member
of a party, shall sever his relations with his party and his status as a member
of the Turkish Grand National Assembly shall cease.
B. Election
ARTICLE 102. The President of the
Republic shall be elected by a two-thirds majority of the total number of
members of the Turkish Grand National Assembly and by secret ballot. If the
Turkish Grand National Assembly is not in session, it shall be summoned
immediately to meet.
The election of the President of
the Republic shall begin thirty days before the term of office of the incumbent
President of the Republic expires or ten days after the Presidency falls
vacant, and shall be completed within thirty days of the beginning of the
election. Candidates shall be declared to the Bureau of the Assembly within the
first ten days of this period, and elections shall be completed within the
remaining twenty days.
If a two-thirds majority of the
total number of members cannot be obtained in the first two ballots, between
which there shall be at least a three-day interval, a third ballot shall be held
and the candidate who receives the absolute majority of votes of the total
number of members shall be elected President of the Republic. If an absolute
majority of votes of the total number of members is not obtained in the third
ballot, a fourth ballot will be held between the two candidates who receive the
greatest number of votes in the third ballot; if the President of the Republic
cannot be elected by an absolute majority of the total number of members in
this ballot, new general elections for the Turkish Grand National Assembly
shall be held immediately.
The term of office of the
incumbent President of the Republic shall continue until the President-elect
takes office.
C. Oath
ARTICLE 103. On assuming office,
the President of the Republic shall take the following oath before the Turkish
Grand National Assembly:
"In my capacity as President
of the Republic I swear upon my honour and integrity before the Turkish Grand
National Assembly and before history to safeguard the existence and
independence of the State, the indivisible integrity of the country and the
nation and the absolute sovereignty of the nation, to abide by the
Constitution, the rule of law, democracy, the principles and reforms of Ataturk
and the principles of the secular Republic, not to deviate from the ideal
according to which everyone is entitled to enjoy human rights and fundamental
freedoms under conditions of national peace and prosperity and in a spirit of
national solidarity and justice, and to do my utmost to preserve and exalt the
glory and honour of the Republic of Turkey and perform without bias the
functions that I have assumed."
D. Duties and Powers
ARTICLE 104. The President of the
Republic is the Head of the State. In this capacity he shall represent the
Republic of Turkey and the unity of the Turkish Nation; he shall ensure the
implementation of the Constitution, and the regular and harmonious functioning
of the organs of State.
To this end, the duties he shall
perform, and the powers he shall exercise, in accordance with the conditions
stipulated in the relevant articles of the Constitution are as follows:
a) Those relating to legislation:
To deliver, if he deems it
necessary, the opening address of the Turkish Grand National Assembly on the
first day of the legislative year,
To summon the Turkish Grand
National Assembly to meet, when necessary,
To promulgate laws,
To return laws to the Turkish
Grand National Assembly to be reconsidered,
To submit to referendum, if he
deems it necessary, legislation regarding the amendment of the Constitution,
To appeal to the Constitutional
Court for the annulment in part or entirety of certain provisions of laws,
decrees having force of law, and the Rules of Procedures of the Turkish Grand
National Assembly on the grounds that they are unconstitutional in form or in
content,
To call new elections for the
Turkish Grand National Assembly.
b) Those relating to the
executive functions:
To appoint the Prime Minister and
to accept his resignation,
To appoint and dismiss ministers on
the proposal of the Prime Minister,
To preside over the Council of
Ministers or to call the Council of Ministers to meet under his chairmanship
whenever he deems it necessary,
To accredit representatives of
the Turkish State to foreign states and to receive the representatives of
foreign states to the Republic of Turkey,
To ratify and promulgate
international treaties,
To represent the Office of the
Commander-in-Chief of the Turkish Armed Forces on behalf of the Turkish Grand
National Assembly,
To appoint the Chief of the
General Staff,
To call the National Security
Council to meet,
To preside over the National
Security Council,
To proclaim martial law or state
of emergency, and to issue decrees having force of law, in accordance with the
decisions of the Council of Ministers under his chairmanship,
To sign decrees,
To remit, on grounds of chronic
illness, disability, or old age, all or part of the sentences imposed on
certain individuals,
To appoint the members and the
chairman of the State Supervisory Council,
To instruct the State Supervisory
Council to carry out enquiries, investigations, and inspections,
To appoint the members of the
Higher Education Council,
To appoint rectors of
universities.
c) Those relating to the
judiciary:
To appoint the members of the
Constitutional Court, one-fourth of the members of the Council of State, the
Chief Public Prosecutor and the Deputy Chief Public Prosecutor of the High
Court of Appeals, the members of the Military High Court of Appeals, the members
of the Supreme Military Administrative Court, and the members of the Supreme
Council of Judges and Public Prosecutors.
The President of the Republic
shall also exercise powers of election and appointment, and perform the other
duties conferred on him by the Constitution and laws.
E. Presidential Accountability
and Nonaccountability
ARTICLE 105. All Presidential
decrees except those which the President of the Republic is empowered to enact
by himself without the signatures of the Prime Minister and the minister
concerned, in accordance with the provisions of the Constitution and other
laws, shall be signed by the Prime Minister, and the ministers concerned. The
Prime Minister and the ministers concerned shall be accountable for these
decrees.
No appeal shall be made to any
legal authority, including the Constitutional Court, against the decisions and
orders signed by the President of the Republic on his own initiative.
The President of the Republic may
be impeached for high treason on the proposal of at least one-third of the
total number of members of the Turkish Grand National Assembly, and by the
decision of at least three-quarters of the total number of members.
F. Deputation for the President
of the Republic
ARTICLE 106. In the event of a
temporary absence of the President of the Republic on account of illness,
travel abroad, or similar circumstances, the President of the Turkish Grand
National Assembly shall serve as Acting President of the Republic and exercise
the powers of the President of the Republic until the President of the Republic
resumes his functions, and in the event that the Presidency falls vacant as a
result of death or resignation or for any other reason, until the election of a
new President of the Republic.
G. General Secretariat of the
President of the Republic
ARTICLE 107. The establishment,
the principles of organisation and functioning, and the appointment of
personnel of the General Secretariat of the President of the Republic shall be
regulated by Presidential decrees.
H. State Supervisory Council
ARTICLE 108. The State
Supervisory Council which shall be established attached to the Office of the
Presidency of the Republic with the purpose of performing and furthering the
regular and efficient functioning of the administration and its observance of
law, will be empowered to conduct upon the request of the President of the
Republic all enquiries, investigations, and inspections of all public bodies
and organisations, all enterprises in which those public bodies and
organisations share more than half of the capital, public professional
organisations, employers' associations and labour unions at all levels, and
public benefit associations and foundations.
The Armed Forces and all judicial
organs are outside the jurisdiction of the State Supervisory Council.
The members and the Chairman to
be designated from among the member of the State Supervisory Council shall be
appointed by the President of the Republic from among those with the
qualifications set forth in the law.
The functioning of the State
Supervisory Council, the term of office of its members, and other matters
relating to their status shall be regulated by law.
II. Council of Ministers
A. Formation
ARTICLE 109. The Council of
Ministers shall consist of the Prime Minister and the ministers.
The Prime Minister shall be
appointed by the President of the Republic from among the members of the
Turkish Grand National Assembly.
The ministers shall be nominated
by the Prime Minister and appointed by the President of the Republic, from
among the members of the Turkish Grand National Assembly, or from among those
eligible for election as deputies; and they can be dismissed, by the President
of the Republic, upon the proposal of the Prime Minister when deemed necessary.
B. Taking Office and Vote of
Confidence
ARTICLE 110. The complete list of
members of the Council of Ministers shall be submitted to the Turkish Grand
National Assembly. If the Turkish Grand National Assembly is in recess, it
shall be summoned to meet.
The Government Programme of the
Council of Ministers shall be read by the Prime Minister or by one of the
ministers before the Turkish Grand National Assembly within a week of the
formation of the Council of Ministers, following which a vote of confidence
shall be taken. Debate on the vote of confidence shall begin two full days
after the reading of the programme and the vote shall be taken one full day
after the end of debate.
C. Vote of Confidence While in
Office
ARTICLE 111. If the Prime
Minister deems it necessary, and after discussing the matter in the Council of
Ministers he may ask for a vote of confidence in the Turkish Grand National
Assembly.
The request for a vote of
confidence shall not be debated before one full day has elapsed from the time
it was submitted to the Turkish Grand National Assembly and shall not be put to
vote until one full day has passed after debate.
A request for a vote of
confidence shall be rejected only by an absolute majority of the total number
of members.
D. Functions and Political
Responsibilities
ARTICLE 112. The Prime Minister,
as Chairman of the Council of Ministers, shall ensure cooperation among the
ministers, and supervise the implementation of the government's general policy.
The members of the Council of Ministers are jointly responsible for the
implementation of this policy.
Each minister shall be
responsible to the Prime Minister and shall also be responsible for the conduct
of affairs under his jurisdiction and for the acts and activities of his
subordinates.
The Prime Minister shall ensure
that the ministers exercise their functions in accordance with the Constitution
and the laws and shall take corrective measures to this end.
The members of the Council of
Ministers who are not deputies shall take their oath before the Turkish Grand
National Assembly as written in Article 81, and during their term of office as
ministers they shall abide by the rules and conditions to which deputies are
subject and shall enjoy Parliamentary immunity. They receive the same salaries
and allowances as members of the Turkish Grand National Assembly.
E. Formation of Ministries, and
Ministers
ARTICLE 113. The formation,
abolition, functions, powers and organisation of the ministries shall be
regulated by law.
A minister may act for another if
a ministry is vacant or if the minister is on leave or absent for a valid
reason. However, a minister shall not act for more than one other minister.
A minister who is brought before
the Supreme Court by decision of the Turkish Grand National Assembly, shall
lose his ministerial status. If the Prime Minister is brought before the
Supreme Court, the Government shall be considered to have resigned.
If a ministry falls vacant for
any reason, an appointment shall be made to it within fifteen days.
F. Provisional Council of
Ministers During Elections
ARTICLE 114. The Ministers of
Justice, Internal Affairs and Communications shall resign prior to general
elections to the Turkish Grand National Assembly.
Three days before the beginning
of the elections or in the event of a decision to hold new elections before the
end of the election term, within five days of this decision, the Prime Minister
shall appoint independent persons from within or outside of the Turkish Grand
National Assembly to these Ministries.
In the event of a decision to
hold new elections under Article 116, the Council of Ministers shall resign and
the President of the Republic shall appoint a Prime Minister to form a
Provisional Council of Ministers.
The Provisional Council of
Ministers shall be composed of members of the political party groups in
proportion to their parliamentary membership with the exception of the
ministers of Justice, Internal Affairs, and Communications, who shall be
independent persons appointed from within or outside the Turkish Grand National
Assembly.
The number of members to be taken
from political party groups shall be determined by the President of the Turkish
Grand National Assembly, and shall be communicated to the Prime Minister. Party
members who do not accept the ministerial posts offered them, or who resign
subsequently, shall be replaced by independent persons from within or outside
of the Grand National Assembly of Turkey.
The Provisional Council of
Ministers shall be formed within five days of the publication in the Official
Gazette of the decision to hold new elections.
The Provisional Council of
Ministers shall not be subject to a vote of confidence.
The Provisional Council of
Ministers shall remain in office for the duration of the elections, and until
the new Assembly convenes.
G. Regulations
ARTICLE 115. The Council of
Ministers may issue regulations governing the mode of implementation of laws or
designating matters ordered by law, provided that they do not conflict with
existing laws and are examined by the Council of State.
Regulations shall be signed by
the President of the Republic and promulgated in the same manner as laws.
H. Calling Elections for the
Turkish Grand National Assembly by the President of the Republic
ARTICLE 116. In cases where the
Council of Ministers fails to receive a vote of confidence under Article 110 or
is compelled to resign by a vote of no-confidence under Articles 99 or 111, and
if a new Council of Ministers cannot be formed within forty-five days or the
new Council of Ministers fails to receive a vote of confidence, the President
of the Republic, in consultation with the President of the Turkish Grand
National Assembly, may call new elections.
If a new Council of Ministers
cannot be formed within forty-five days of the resignation of the Prime
Minister without being defeated by a vote of confidence, or also within
forty-five days of elections for the Bureau of the President of the Turkish
Grand National Assembly of the newly elected Turkish Grand National Assembly, the
President of the Republic may likewise, in consultation with the President of
the Turkish Grand National Assembly, call new elections.
The decision to call new
elections shall be published in the Official Gazette and the election shall be
held thereafter.
II. National Defence
1. Offices of Commander-in-Chief
and Chief of the General Staff
ARTICLE 117. The Office of
Commander-in-Chief is inseparable from the spiritual existence of the Turkish
Grand National Assembly and is represented by the President of the Republic.
The Council of Ministers shall be
responsible to the Turkish Grand National Assembly for national security and
for the preparation of the Armed Forces for the defence of the country.
The Chief of the General Staff is
the commander of the Armed Forces, and, in time of war exercises the duties of
Commander-in-Chief on behalf of the President of the Republic.
The Chief of the General Staff
shall be appointed by the President of the Republic on the proposal of the
Council of Ministers; his duties and powers shall be regulated by law. The
Chief of the General Staff shall be responsible to the Prime Minister in the
exercise of his duties and powers.
The functional relations and the
scope of jurisdiction of the Ministry of National Defence with regard to the
Chief of the General Staff and the Commanders of the Armed Forces shall be
regulated by law.
2. National Security Council
ARTICLE 118. The National
Security Council shall be composed of the Prime Minister, the Chief of the
General Staff, the Ministers of National Defence, Internal Affairs, and Foreign
Affairs, the Commanders of the Army, Navy, and the Air Force, and the General
Commander of the Gendarmerie, under the chairmanship of the President of the
Republic.
Depending on the particulars of
the agenda, Ministers and other persons concerned may be invited to meetings of
the Council and their views be heard.
The National Security Council
shall submit to the Council of Ministers its views on taking decisions and
ensuring necessary coordination with regard to the formulation, establishment,
and implementation of the national security policy of the State. The Council of
Ministers shall give priority consideration to the decisions of the National
Security Council concerning the measures that it deems necessary for the
preservation of the existence and independence of the State, the integrity and
indivisibility of the country, and the peace and security of society.
The agenda of the National
Security Council shall be drawn up by the President of the Republic taking into
account the proposals of the Prime Minister and the Chief of the General Staff.
In the absence of the President
of the Republic, the National Security Council shall meet under the
chairmanship of the Prime Minister.
The organisation and duties of
the General Secretariat of the National Security Council shall be regulated by
law.
III. Procedure Governing
Emergency Rule
A. States of Emergency
1. Declaration of a State of
Emergency on Account of a Natural Disaster or Serious Economic Crisis.
ARTICLE 119. In the event of
natural disaster, dangerous epidemic diseases, or a serious economic crisis,
the Council of Ministers, meeting under the chairmanship of the President of
the Republic, may declare a state of emergency in one or more regions or
throughout the country for a period not exceeding six months.
2. Declaration of a State of
Emergency on Account of Widespread Acts of Violence and Serious Deterioration
of Public Order.
ARTICLE 120. In the event of the
emergence of serious indications of widespread acts of violence aimed at the
destruction of the free democratic order established by the Constitution or of
fundamental rights and freedoms, or serious deterioration of public order
because of acts of violence, the Council of Ministers, meeting under the
chairmanship of the President of the Republic, after consultation with the
National Security Council, may declare a state of emergency in one or more
regions or throughout the country for a period not exceeding six months.
3. Rules Relating to the States
of Emergency
ARTICLE 121. In the event of a
declaration of a state of emergency under the provisions of Articles 119 and
120 of the Constitution this decision shall be published in the Official
Gazette and shall be submitted immediately to the Turkish Grand National
Assembly for approval. If the Turkish Grand National Assembly is in recess, it
shall be summoned immediately. The Assembly may alter the duration of the state
of emergency, extend the period for a maximum of four months each time at the
request of the Council of Ministers, or may lift the state of emergency.
The financial, material, and
labour obligations which are to be imposed on citizens in the event of the
declaration of state of emergency under Article 119, and, applicable according
to the nature of each kind of state of emergency, the procedures as to how
fundamental rights and freedoms shall be restricted or suspended in line with
the principles of Article 15, how and by what means the measures necessitated
by the situation shall be taken, what sort of powers shall be conferred on
public servants, what kind of changes shall be made in the status of officials,
and the procedure governing emergency rule shall be regulated by the Law on
State of Emergency.
During the state of emergency,
the Council of Ministers meeting under the chairmanship of the President of the
Republic, may issue decrees having force of law on matters necessitated by the
state of emergency. These decrees shall be published in the Official Gazette, and
shall be submitted to the Turkish Grand National Assembly on the same day for
approval; the time limit and procedure for their approval by the Assembly shall
be indicated in the Rules of Procedure.
B. Martial Law, Mobilisation, and
State of War
ARTICLE 122. The Council of
Ministers, under the chairmanship of the President of the Republic, after
consultation with the National Security Council, may declare martial law in one
or more regions or throughout the country for a period not exceeding six
months, in the event of widespread acts of violence which are more dangerous
than the cases necessitating a state of emergency and which are aimed at the
destruction of the free democratic order or the fundamental rights and freedoms
embodied in the Constitution; or in the event of war, the emergence of a
situation necessitating war, an uprising, or the spread of violent and strong
rebellious actions against the motherland and the Republic, or widespread acts
of violence of either internal or external origin threatening the
indivisibility of the country and the nation. This decision shall be published
immediately in the Official Gazette, and shall be submitted for approval to the
Turkish Grand National Assembly, on the same day. If the Turkish Grand National
Assembly is in recess, it shall be summoned immediately. The Turkish Grand
National Assembly may, when it deems necessary, reduce or extend the period of
martial law or lift it.
During the period of martial law,
the Council of Ministers meeting under the chairmanship of the President of the
Republic may issue decrees having force of law on matters necessitated by the
state of martial law.
These decrees shall be published
in the Official Gazette and shall be submitted for approval to the Turkish
Grand National Assembly on the same day. The time limit and procedures for
their approval by the Assembly shall be indicated in the Rules of Procedure.
Extension of the period of
martial law for a maximum of four months each time, shall require a decision of
the Turkish Grand National Assembly. In the event of a state of war, the limit
of four months does not apply.
In the events of martial law,
mobilisation, and state of war, the provisions to be applied, and conduct of
affairs, the relations with the administration, the manner in which freedoms
are to be restricted or suspended, and the obligations to be imposed on the
citizens in a state of war, or in the event of emergence of a situation
necessitating war, shall be regulated by law.
The Martial Law Commanders shall
exercise their duties under the authority of the Office of the Chief of the
General Staff.
IV. Administration
A. Fundamentals of the
Administration
1. Integral Unity and Public
Legal Personality of the Administration
ARTICLE 123. The administration
forms a whole with regard to its structure and functions, and shall be
regulated by law.
The organisation and functions of
the administration are based on the principles of centralization and local
administration.
Public corporate bodies shall be
established only by law, or on the authority expressly granted by law. ARTICLE
124. The Prime Ministry, the ministries, and public corporate bodies may issue
bylaws in order to ensure the application of laws and regulations relating to
their particular fields of operation, provided that they are not contrary to
these laws and regulations. The law shall designate which bylaws are to be
published in the Official Gazette.
B. Recourse to Judicial Review
ARTICLE 125. Recourse to judicial
review shall be open against all actions and acts of the administration.
The acts of the President of the
Republic in his own competence, and the decisions of the Supreme Military
Council are outside the scope of judicial review.
In suits filed against
administrative acts, statute of limitations shall start from the date of
written notification.
Judicial power is limited to the
verification of the conformity of the actions and acts of the administration
with law. No judicial ruling shall be passed which restricts the exercise of
the executive function in accordance with the forms and principles prescribed
by law, which has the quality of an administrative action and act, or which
removes discretionary powers.
If the implementation of an
administrative act would result in damages which are difficult or impossible to
compensate, and at the same time this act is clearly unlawful, then a stay of
execution may be decided upon, stating the reasons therefore.
The law may restrict the issuing
of stay of execution orders in cases of state of emergency, martial law,
mobilisation, and state of war, and for reasons of national security, public
order, and public health.
The administration shall be
liable to compensate for damages resulting from its actions and acts.
C. Organisation of the
Administration
1. Central Administration
ARTICLE 126. In terms of central
administrative structure, Turkey is divided into provinces on the basis of
geographical situation and economic conditions, and public service
requirements; provinces are further divided into lower steps of administrative
districts.
The administration of the
provinces is based on the principle of devolution of wide powers.
Central administrative
organisations comprising several provinces may be established to ensure
efficiency and coordination of public services. The functions and powers of
this organisation shall be regulated by law.
2. Local Administrations
ARTICLE 127. Local administrative
bodies are public corporate entities established to meet the common local needs
of the inhabitants of provinces, municipal districts, and villages, whose
decision-making organs are elected by the electorate described in law, and
whose principles of structure are also determined by law.
The formation, duties, and powers
of the local administration shall be regulated by law in accordance with the
principle of local administration.
The elections for local
administrative bodies shall be held every five years in accordance with the
principles set forth in Article 67 of the Constitution. Special administrative
arrangements may be introduced for larger urban areas.
The procedures dealing with
objections to the acquisition by elected organs of local government of their
status as an organ, and their loss of such status, shall be resolved by the
judiciary. However as a provisional measure, the Minister of Internal Affairs
may remove from office those organs of local administration or their members
against whom investigation or prosecution has been initiated on grounds of
offences related to their duties, pending judgement.
The central administration has
the power of administrative trusteeship over the local governments in the
framework or principles and procedures set forth by law with the objective of
ensuring the functioning of local services in conformity with the principle of
the integral unity of the administration, securing uniform public service,
safeguarding the public interest, and meeting local needs, in an appropriate
manner.
The formation of local
administrative bodies into a union with the permission of the Council of
Ministers for the purpose of performing specific public services; and the
functions, powers, financial and security arrangements of these unions, and
their reciprocal ties and relations with the central administration, shall be
regulated by law. These administrative bodies shall be allocated financial
resources in proportion to their functions.
D. Provisions Relating to Public
Servants
1. General Principles
ARTICLE 128. The fundamental and
permanent functions required by the public services that the State, state
economic enterprises, and other public corporate bodies are assigned to
perform, in accordance with principles of general administration, shall be
carried out by public servants and other public employees.
The qualifications of public servants
and other public employees, procedures governing their appointments, duties and
powers, their rights and responsibilities, salaries and allowances, and other
matters related to their status shall be regulated by law.
The procedure and principles governing
the training of senior administrators shall be specially regulated by law.
2. Duties and Responsibilities,
and Guarantees During Disciplinary Proceedings
ARTICLE 129. Public servants and
other public employees are obliged to carry out their duties within loyalty to
the Constitution and the laws.
Public servants, other public
employees and members of public professional organisations or their higher
bodies shall not be subjected to disciplinary penalty without their being
granted the right of defence.
Disciplinary decisions shall be
subject to judicial review, with the exception of warnings and reprimands.
Provisions concerning the members
of the Armed Forces, judges, and prosecutors are reserved.
Actions for damages arising from
faults committee by public servants and other public employees in the exercise
of their duties shall be brought only against the administration in accordance
with the procedures and conditions prescribed by law, and subject to recourse
to them.
Prosecution of public servants
and other public employees for alleged offences shall be subject, except in
cases prescribed by law, to the permission of the administrative authority
designated by law.
E. Institutions of Higher
Education and their Higher Bodies
1. Institutions of Higher
Education
ARTICLE 130. For the purpose of
training manpower under a system of contemporary education and training
principles and meeting the needs of the nation and the country, universities
comprising several units will be established by the State and by law as public
corporations having autonomy in teaching, assigned to educate, train at
different levels after secondary education, and conduct research, to act as
consultants, to issue publications, and to serve the country and humanity.
Institutions of higher education,
under the supervision and control of the State, can be established by
foundations in accordance with the procedures and principles set forth in the
law provided they do not pursue lucrative aims.
The law shall provide for a
balanced geographical distribution of universities throughout the country.
Universities, members of the
teaching staff, and their assistants may freely engage in all kinds of
scientific research and publication. However, this shall not include the
liberty to engage in activities directed against the existence and independence
of the State, and against the integrity and indivisibility of the nation and
the country.
Universities and units attached
to them are under the control and supervision of the State and their security
is ensured by the State.
University rectors shall be
appointed by the President of the Republic, and faculty deans by the Higher
Education Council, in accordance with the procedures and provisions of the law.
The administrative and
supervisory organs of the universities and the teaching staff may not for any
reason whatsoever be removed from their office by authorities other than those
of the competent organs of the university or by the Higher Education Council.
The budgets drawn up by universities,
after being examined and approved by the Higher Education Council shall be
presented to the Ministry of National Education, and shall be put into effect
and supervised in conformity with the principles applied to general and
subsidiary budgets.
The establishment of institutions
of higher education and their organs, their functioning and elections, their
duties, authorities, and responsibilities, the procedures to be followed by the
State in the exercise of the right to supervise and inspect the universities,
the duties of the teaching staff, their titles, appointments, promotions and
retirement, the training of the teaching staff, the relations of the
universities and the teaching staff with public institutions and other
organisations, the level and duration of education, admission of students into
institutions of higher education, attendance requirements and fees, principles
relating to assistance to be provided by the State, disciplinary and penalty
matters, financial affairs, personnel rights, conditions to be conformed with
by the teaching staff, the assignment of the teaching staff in accordance with
interuniversity requirements, the pursuance of training and education in
freedom and under guarantee and in accordance with the requirements of contemporary
science and technology, and the use of financial resources provided by the
State to the Higher Education Council and the universities, shall be regulated
by law.
Institutions of higher education
established by foundations shall be subject to the provisions set forth in the
Constitution for State institutions of higher education, as regards the
academic activities, recruitment of teaching staff and security, excepting the
financial and administrative matters.
2. Superior Bodies of Higher
Education
ARTICLE 131. The Higher Education
Council shall be established to plan, organise, administer, and supervise the
education provided by institutions of higher education, to orient the
activities of teaching, education and scientific research, to ensure the establishment
and development of these institutions in conformity with the objectives and
principles set forth by law, to ensure the effective use of the resources
allotted to the universities, and to plan the training of the teaching staff.
The Higher Education Council is
composed of members appointed by the President of the Republic from among the
candidates who are nominated by the Council of Ministers, the Chief of the
General Staff and the universities, and in accordance with the numbers,
qualifications and procedure prescribed by law, priority being given to those
who have served successfully as faculty members or rectors, and of members
directly appointed by the President of the Republic himself.
The organisation, functions,
authority, responsibility and operating principles of the Council shall be
regulated by law.
3. Institutions of Higher
Education Subject to Special Provisions
ARTICLE 132. Institutions of
Higher Education attached to the Turkish Armed Forces and to the security
organisation are subject to the provisions of their respective special laws.
F. Radio and Television
Administration and News Agencies with State Connection
ARTICLE 133. Radio and television
stations shall be established only by the State, and shall be administered by
an impartial corporate body.
The law shall provide that
broadcasts are made in a manner to safeguard the existence and independence of
the Turkish State, the indivisible integrity of the country and the nation, the
peace of society, public morals, and the fundamental characteristics of the
Republic as outlined in Article 2 of the Constitution; and, it shall observe
the principle of impartiality in the administration and supervision of the
Corporation, in the formation of its administrative organs, and in all radio
and television broadcasts.
The principles governing the
selection, treatment and presentation of news and programmes, the fulfillment
of the task to aid the national culture and education, and the principles of
ensuring the accuracy of the news; and the election, functions, and
responsibilities of the organs shall be regulated by law.
The provisions of paragraph 2
above shall also apply to those news agencies having the character of state
economic enterprises and to those receiving financial aid from the State or
other public corporate bodies.
G. The Ataturk High Institution
of Culture, Language, and History
ARTICLE 134. The "Ataturk
High Institution of Culture, Language, and History" shall be established,
as a public corporate body, under the moral aegis of Ataturk, under the
supervision and with the support of the President of the Republic, attached to
the Office of the Prime Minister, and composed of the Ataturk Center of
Research, the Turkish Language Society, the Turkish Historical Society, and the
Ataturk Cultural Center, in order to conduct scientific research, to produce
publications and to disseminate information on the thought, principles, and
reforms of Ataturk, Turkish culture, Turkish history, and the Turkish language.
The financial income of the
Turkish Language Society and Turkish Historical Society, bequeathed to them by
Ataturk in his will, are reserved and shall be allocated to them accordingly.
The establishment, organs,
operating procedures, and personnel matters of the Ataturk High Institution of
Culture, Language, and History, and its authority over the institutions within
it, shall be regulated by law.
H. Public Professional
Organisations
ARTICLE 135. Public professional
organisations and their higher organisations are public corporate bodies
established by law, with the objectives to meet the common needs of the members
of a given profession, to facilitate their professional activities, to ensure
the development of the profession in keeping with the common interests, to
safeguard professional discipline and ethics in order to ensure integrity and
trust in relations among its members and with the public; their organs shall be
elected by secret ballot by their members in accordance with the procedure set
forth in the law, and under judicial supervision.
Persons regularly employed in
public institutions, or in state economic enterprises, shall not be required to
become member of public professional organisations.
Public professional organisations
shall not engage in activities outside the aims for which they were
established, nor shall they engage in political activities or take joint action
with political parties, labour unions, or associations.
Political parties, labour unions
and their higher bodies shall not nominate candidates in elections for the
organs of public professional organisations or their higher bodies, nor shall
they engage in activities or propaganda for or against particular candidates.
Public professional organisations
shall be subject to administrative and financial supervision of the State as
prescribed by law.
The responsible organs of public
professional organisations which engage in activities beyond their objectives
or in political activities, shall be dissolved by a court decision, at the
request of the authority designated by law; and new organs shall be elected in
their place.
In respect of safeguarding the
existence and independence of the Turkish State, the indivisible integrity of
the country and nation, the peace of society, and, preventing the activities
threatening the fundamental characteristics of the State as defined in the
Constitution, the highest local administrator may, in the event delay is deemed
prejudicial, temporarily remove these organs from office.
The decision to remove from
office shall be communicated to the court within ten days. The court shall
decide within ten days at the latest whether the decision of removal from
office is justified.
I. Department of Religious
Affairs
ARTICLE 136. The Department of Religious Affairs, which is within the general administration, shall exercise its duties prescribed in its particular law, in accordance with the prin