Turkey 1982 (rev. 2002)

Everyone has the right to demand respect for his private and family life. Privacy of an individual or family life cannot be violated.

Unless there exists a decision duly passed by a judge on one or several of the grounds of national security, public order, prevention of offences, protection of public health and public morals, or for the protection of the rights and freedoms of others, or unless there exists a written order of a competent authority designated 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 can be searched nor can they be seized. The decision of the competent authority is submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge proclaims his decision within forty-eight hours from the time of seizure; otherwise, seizure automatically ceases.

The domicile of an individual cannot be violated.

Unless there exists a decision duly passed by a judge on one or several of the grounds of national security, public order, prevention of offences, protection of public health and public morals, or for the protection of the rights and freedoms of others, or unless there exists a written order of a competent authority designated by law in cases where delay is prejudicial, again on the above-mentioned grounds, no domicile may be entered or searched or the property therein seized. The decision of the competent authority is submitted for the approval of the judge having jurisdiction within 24 hours. The judge proclaims his decision within forty-eight hours from the time of seizure; otherwise, seizure automatically ceases.

Everyone has the right to freedom of communication.

Secrecy of communication is fundamental.

Unless there exists a decision duly passed by a judge on one or several of the grounds of national security, public order, prevention of offences, protection of public health and public morals, or for the protection of the rights and freedoms of others, or unless there exists a written order of a competent authority designated by law in cases where delay is prejudicial, again on the above-mentioned grounds, communication cannot be impeded nor its secrecy be violated. The decision of the competent authority is submitted for the approval of the judge having jurisdiction within 24 hours. The judge proclaims his decision within forty-eight hours; otherwise, the decision of the competent authority automatically ceases.

Public establishments or institutions where exceptions to the above may be applied are determined by law.

The press is free, and cannot be censored. The establishment of a printing house cannot be subject to prior permission or the deposit of a financial guarantee.

The state takes the necessary measures to ensure freedom of the press and freedom of information.

In the restriction 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, are held responsible under the law relevant to these offences. Distribution may be suspended as a preventive measure by a decision of judge, or in cases delay is deemed prejudicial, by the order of the competent authority designated by law. The competent authority suspending distribution notifies a competent judge of its decision within twenty-four hours at the latest. The order suspending distribution becomes null and void unless upheld by a competent judge within forty-eight hours at the latest.

No ban can be placed on the reporting of events, except by the decision of judge issued to ensure proper functioning of the judiciary, within the limits specified by law.

Periodical and non-periodical publications may be seized by a decision of a judge in cases of ongoing investigation or prosecution of offences determined by law; and, in cases delay is deemed prejudicial with regard to the indivisible integrity of the state with its territory and nation, national security, public order, protection of public morals and for the prevention of offences by the order of the competent authority explicitly designated by law. The authority issuing the seizure order notifies a competent judge of its decision within twenty-four hours at the latest. The seizure order becomes null and void unless upheld by the competent judge within forty-eight hours at the latest.

The general common provisions apply when seizure and confiscation of periodicals and non-periodicals for reasons of criminal investigation and prosecution takes place.

Periodicals published in Turkey may be temporarily suspended by court sentence if found guilty of publishing material which contravenes the indivisible integrity of the state with its territory and nation, the fundamental principles of the Republic, national security and public morals. Any publication which clearly bears the characteristics of being the continuation of the suspended periodical is prohibited; and seized by a decision of judge.

Publication of periodicals or non-periodicals cannot be subject to prior authorisation or the deposit of a financial guarantee.

To publish a periodical it suffices 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 applies to the appropriate court for suspension of publication.

The publication of periodicals, the conditions of publication, the financial resources and the rules relevant to the profession of journalism are regulated by law. The law does impose any political, economic, financial, and technical conditions, thus obstructing or making difficult the free dissemination of news, thought, or beliefs.

Periodicals do have equal access to the means and facilities of the state, other public legal entities, and their agencies.

A printing press or its annexes duly established as a publishing house under law cannot be seized, confiscated, or barred from operation on the grounds of being an instrument of crime, except in cases where offences against the indivisible integrity of the state with its territory and nation, against the fundamental principles of the Republic or against national security leading to conviction are involved.

Individuals and political parties have the right to use mass media and means of communication other than the press owned by public legal entities. The conditions and procedures for such use are regulated by law.

The law does 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, the protection of public morals and public health.

The right of rectification and reply can be accorded only in cases where personal reputation and honour is attacked or in cases of unfounded allegation and is regulated by law.

If a rectification or reply is not published, the judge decides, within seven days of application by the individual involved, whether or not this publication is required.

Everyone has the right to form associations without prior permission, and to become a member in them, or to withdraw from membership .

No one can be compelled to become or remain a member of an association.

Freedom of association may only be restricted by law and on grounds of national security, public order, prevention of offence, public health and public morals and for the protection of freedoms of others.

The formalities, conditions, and procedures governing the exercise of freedom of association are prescribed by law.

Associations may be dissolved or suspended from activity by the decision of a judge in cases prescribed by law. However, if, in cases where national security, public order, the prevention or the continuation of an offence or the apprehension of the offender are concerned, a delay is prejudicial, the law may designate a competent authority to suspend the association from activity. The decision of this authority is submitted to approval of the judge on duty within twenty-four hours. The judge proclaims his decision within forty-eight hours; otherwise this administrative decision automatically ceases to be effective.

Provisions of the first paragraph do not prevent imposition by law of restrictions on members of the 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 are also applicable to foundations.

Everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission.

The right to hold meetings and demonstration marches can only be restricted by law on the grounds of national security, public order, prevention of offence, protection of public health and public morals or of the rights and freedoms of others.

The formalities, conditions, and procedures governing the exercise of the right to hold meetings and demonstration marches are prescribed by law.

Everyone has the right of litigation either as plaintiff or defendant and the right to a fair trial before the courts through lawful means and procedures.

No court can refuse to hear a case within its jurisdiction.

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 cannot be established.

No one can be punished for any act which does not constitute a criminal offence under the law in force at the time committed; no one can 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 also apply to the statute of limitations on offences and penalties and one the results of conviction.

Penalties, and security measures in lieu of penalties, are prescribed only by law.

No one can be held guilty until proven guilty in a court of law.

No one can be compelled to make a statement that would incriminate himself or his legal next of kin, or to present such incriminating evidence.

Findings obtained in a manner not in accordance with the law cannot be considered as evidence.

Criminal responsibility is personal.

No one can be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.

The death penalty cannot be imposed excluding the cases of war, imminent threat of war and crimes of terror.

General confiscation cannot be imposed as a penalty.

The Administration can 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 can be extradited to a foreign country on account of an offence.

The coasts are under the sovereignty and at disposal of the state.

In the utilisation of sea coasts, lake shores or river banks, and of the coastal strip along the sea and lakes, public interest is 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 are regulated by law.

The state takes 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 determine 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 can not lead to a fall in production, or to the depletion of forests and other land and underground resources.

Lands distributed for this purpose can neither be divided nor be transferred to others, except through inheritance, and can be cultivated only by the farmers to whom the lands have been distributed, and their heirs. The principles relating to the recovery by the state of the land thus distributed in the event of loss of these conditions are prescribed by law.

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 takes necessary measures to promote the values of crop and livestock products, and to enable producers to be paid the real value of their products.

The State and public legal entities are entitled, where the public interest requires it, 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 judgement is paid in cash and in advance. However, the procedure to be applied for compensation for expropriated land in order to carry out land reform, major energy and irrigation projects, and housing and resettlement schemes and forestation, and to protect the coasts and to build tourist facilities are regulated by law. In the cases where the law may allow payment in installments, the payment period not exceed five years, whence payments be made in equal installments.

Compensation for the land expropriated from the small farmer who cultivates his own land is in all cases paid in advance.

An interest equivalent to the highest interest paid on public claims is implemented in the installments envisaged in the second paragraph and in cases of any unpaid compensation for expropriation for any reason.

Private enterprises performing public services may be nationalized when this is required by the exigencies of public interest.

Nationalization is carried out on the basis of real value. The methods and procedures for calculating real value are prescribed by law.

The principles and rules concerning the privatization of the enterprises and assets, under the possession of the State, the State Economic Enterprises and other public legal entities, are prescribed by law.

Which of the investments and services that are carried out by the State, the State Economic Enterprises and other public legal entities can be performed by or delegated to real persons or legal entities through contracts of private law are determined by law.

Everyone has the right and duty to work.

The State takes 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.

No one can be required to perform work unsuited to his age, sex, and capacity.

Minors, women and persons with physical or mental disabilities, 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, are regulated by law.

Employees and employers have the right to form labor unions and employers’ associations and higher organizations, without prior permission, in order to safeguard and develop their economic and social rights and the interests of their members in their labor relations and to become a member in them or withdraw from membership freely. No one can be compelled to become a member, remain a member, or withdraw from membership of a union.

The right to form labor unions and employers’ associations can only be restricted by law and on grounds of national security, public order, prevention of offence, public health and public morals and for the protection of rights and freedoms of others.

The formalities, conditions, and procedures to be applied in the exercise of the right to form labor unions and employers’ associations are prescribed by law.

Membership in more than one labor union cannot be obtained at the same time and in the same work branch.

The scope, exceptions, and limitations of the rights of public employees who do not have the worker status, are prescribed by law in accordance with the nature of the service that they provide.

The regulations, management and functioning of labor unions and their higher bodies cannot be contrary to the fundamental characteristic of the Republic and the principles of democracy

[repealed]

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 is regulated by law.

The unions, in which public officers included within the scope of paragraph 1 of Article 128 are permitted by law to form among themselves and unions and their higher organizations that are not subject to the provisions of the first and second paragraphs of this Article and the provisions of Article 54, may, on behalf of their members, appeal to judicial authorities may hold collective meetings with the administration in direction with their aims. If an agreement is reached as a result of collective meeting, a text of the agreement is signed by the parties. This text of agreement is submitted to the discretion of the Council of Ministers so that proper administrative or legislative arrangements can be made. If a text of agreement was not signed as a result of collective meeting, then the agreement and disagreement points are also submitted to the discretion of the Council of Ministers by a record signed by the parties. Procedures concerning the execution of this paragraph are regulated by law.

More than one collective bargaining agreement at the same place of work for the same period cannot be concluded or put into effect.

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 are regulated by law.

The right to strike and lockout cannot 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 labor union is liable for any material damage caused in a work-place where the strike is being held, as a result of deliberately negligent behaviour by the workers and the labor union.

The circumstances and places in which strikes and lockouts may be prohibited or postponed are regulated by law.

In cases where a strike or a lockout is prohibited or postponed, the dispute is 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 are final and have the force of a collective bargaining agreement.

The organization and functions of the Supreme Arbitration Board is regulated by law.

Politically motivated strikes and lockouts, solidarity strikes and lockouts, general strikes and lockouts, occupation of work premises, labour go-slows, and other forms of obstruction are prohibited.

Those who refuse to go on strike can in no way be barred from working at their workplace by strikers.

Everyone has the right to live in a healthy, balanced environment.

It is the duty of the state and citizens to improve the natural environment, to protect environmental health, and to prevent environmental pollution.

To ensure that everyone leads their lives in conditions of physical and mental health and to secure cooperation in terms of human and material resources through economy and increased productivity, the State regulates central planning and functioning of the health services.

The state 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.

The state take measures to meet the need for housing within the framework of a plan which takes into account the characteristics of cities and environmental conditions and supports collective housing projects.

The state takes measures to ensure the training and development of the youth into whose keeping our state, independence, and our Republic are entrusted, in the light of contemporary science, in line with the principles and reforms of Atatürk, and in opposition to ideas aiming at the destruction of the indivisible integrity of the state with its territory and nation.

The state takes necessary measures to protect the youth from addiction to alcohol, drug addiction, crime, gambling, and similar vices, and ignorance.

The state takes 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 protects successful athletes.

Everyone has the right to social security.

The state takes the necessary measures and establishes the organisation for the provision of social security.

The state protects 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 takes measures to protect the disabled and secure their integration into community life.

The elderly people are protected by the state. State assistance to the elderly, and other rights and benefits are regulated by law.

The state takes all kinds of measures for social resettlement of children in need of protection.

To achieve these aims the state establishes the necessary organizations or facilities, or arrange for their establishment by others.

The state take the necessary measures to ensure family unity, the education of the children, the cultural needs, and the social security of Turkish nationals working abroad, and takes the necessary measures to safeguard their ties with the motherland and to help them on their return home.

Citizens have the right to form political parties and in accordance with the established procedure to join and withdraw from them. One must be over 18 years of age to become a member of a party.

Political parties are indispensable elements of democratic political life.

Political parties can be formed without prior permission and pursue their activities in accordance with the provisions set forth in the Constitution and law.

The statutes and programs, as well as the activities of political parties cannot be in conflict with the independence of the State, its indivisible integrity with its territory and nation, human rights, the principles of equality and rule of law, sovereignty of the nation, the principles of the democratic and laic Republic; can not aim to support or to establish a dictatorship of class or group or dictatorship of any kind, and nor they encourage the commitment of offence.

Judges and prosecutors, members of higher judicial organs including those of the Audit Court, employees having the status of civil servants in public institutions and organizations, other public employees who are not considered to be workers by virtue of the services they perform, members of the Armed Forces, and students prior to higher education institutions, cannot become members of political parties.

The membership of the higher education staff in political parties may only be regulated by law. This law cannot allow those members to assume party posts except in the central organs of the political parties and it determines the principles to which the higher education staff, who are political party members, must abide in the higher education institutions.

The principles according to which students in higher education may become members of political parties are regulated by law.

The state provides financial aid to political parties at an adequate level and on an equitable manner. The principles, to which the aid to be made to political parties and the membership dues and donation they receive are subject, are regulated by law.

The activities, internal regulations and operations of political parties must accord with the principles of democracy. The implementation of these principles is regulated by law.

Political parties may not engage in commercial activities.

The revenues and expenditure of political parties must be in conformity with their objectives. The implementation of this rule is regulated by law. The manner in which the Constitutional Court determines the conformity to the laws of the property acquisitions, revenues and expenditures of political parties, the auditing methods on this matter and the sanctions to be enforced in case of infringement are regulated by law. In performing this function of auditing, the Constitutional Court may obtain assistance from the Audit Court. Decisions to be taken by the Constitutional Court as a result of this auditing are final.

The dissolution of political parties is decided finally by the Constitutional Court upon a suit brought by the office of the Chief Public Prosecutor of the Republic of the High Court of Appeals.

In case the statutes and program of a political party is found to be contrary to the provisions of the fourth paragraph of Article 68, the party is dissolved permanently.

The permanent dissolution of a political party with the reason of its activities contrary to the provisions of the fourth paragraph of Article 68 may be decided only when the Constitutional Court determines that it has become a focal point at which acts of this kind are committed. A political party can be deemed to have become the center of such actions when actions of this type are undertaken intensively by the members of that party and when these actions are implicitly or explicitly approved by the general convention or the chairman or the central decision-making or administrative organs or by the general assembly of the party group or its executive board at the Grand National Assembly of Turkey, or when these actions are directly carried out in determination by the above- mentioned party organs.

Instead of dissolving the political party permanently, the Constitutional Court may, in accordance with the above mentioned paragraphs, take the decision to deprive the concerned party of State fund, either partially or in full, with respect to the gravity of the actions brought before the Court.

A party that has been dissolved permanently may not be formed under another name.

Members, including the founders of a political party, the statements and activities of whom have caused it to be dissolved permanently, cannot become founders, members, administrators or auditors of another party for a period of five years starting on the date on which the Constitutional Court’s final verdict ordering the dissolution of the party is published in the Official Gazette with its statement of reason.

Political parties that receive material assistance from foreign States, international organizations and real persons and legal entities that are not of Turkish nationality are dissolved permanently.

The foundation and operations of political parties, their supervision and dissolution or depriving them of the State aid partially or in full , 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.

Every Turk has the right to enter public service.

No criteria other than the qualifications for the office concerned can be taken into consideration for recruitment into public service.

Declaration of assets by persons entering public service and the frequency of such declaration can be prescribed by law. Those serving in the legislative and executive organs cannot be exempted from this requirement.

The Grand National Assembly of Turkey is composed of five hundred and fifty deputies elected by universal suffrage.

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 totaling one year or more excluding involuntary offences, or to a heavy imprisonment; those who have been convicted for dishonourable offences such as embezzlement, corruption, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy; and persons convicted of smuggling, conspiracy in official bidding or purchasing, of offences related to the disclosure of State secrets, of involvement in terror action, or incitement and encouragement of such activities, cannot 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 can not stand for election or be eligible to be a deputy unless they resign from office.

Elections for the Grand National Assembly of Turkey are held every five years.

The Assembly may decide to hold a new election before the termination of this period, and new elections may also be held according to a decision, taken in accordance with the conditions set forth in the Constitution, by the President of the Republic. A deputy whose term of office expires may be eligible for re-election.

In the event of a decision to hold new elections, the powers of the Assembly continue until the election of a new Assembly.

If the holding of new elections is found impossible because of war, the Grand National Assembly of Turkey 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 are to be held when vacancies arise in the membership of the Grand National Assembly of Turkey. By-elections can 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, it is decided to hold by-elections within three months.

By-elections cannot be held within one year before general elections.

Apart from the cases prescribed above, in case a province or an electoral district does not remain a member in the Grand National Assembly of Turkey, by-election is held in the first Sunday after 90 days following the vacancies arose. Provision of the third paragraph of Article 127 of the Constitution cannot be applied at the elections to be held as required by this paragraph.

Elections are held under the general administration and supervision of the judicial organs.

The Supreme Board of Election executes 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 Grand National Assembly of Turkey. No appeal can 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 election councils are regulated by law.

The Supreme Board of Election is composed of seven regular members and four substitutes. Six of the members are elected by the Plenary Assembly of the High Court of Appeals, and five members are 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 elect a Chairman and a Vice-Chairman 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 are designated, by lot, as substitute members. The Chairman and Vice-Chairman of the Supreme Board of Election can not take part in this procedure.

The general conduct and supervision of a referendum on legislation amending the Constitution are subject to the same provisions which are applied in the election of deputies.

The functions and powers of the Grand National Assembly of Turkey comprise the enactment, amendment, and repeal of laws; the supervision of the Council of Ministers and the Ministers; authorization of the Council of Ministers to issue governmental decrees having the force of law on certain matters; debating and approval of the budget draft and the draft law of the final accounts, making decisions regarding the printing of currency and declaration of war; ratifying international agreements, deciding with the decision of the three fifths majority of the total number of members of the Grand National Assembly of Turkey on the proclamation of amnesties and pardons; confirming death sentences passed down by the courts; and exercising the powers and executing the functions envisaged in the other articles of the Constitution.

The Council of Ministers and deputies are empowered to introduce laws.

The procedure and principles relating to the debating of government drafts and individual proposals of law in the Grand National Assembly of Turkey are regulated by the Rules of Procedure.

The President of the Republic promulgates the laws adopted by the Grand National Assembly of Turkey within fifteen days.

He, within the same period, refers to the Grand National Assembly of Turkey for further consideration, laws which he deems partially or in full or unsuitable for promulgation, together with a statement of his reasons. In the event of being deemed partially unsuitable by the President, the Grand National Assembly of Turkey may only deliberate those articles deemed to be unsuitable. Budget laws are not subjected to this provision.

If the Grand National Assembly of Turkey adopts in its unchanged form the law referred back, the President of the Republic promulgates 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.

The ratification of treaties concluded with foreign states and international organisations on behalf of the Republic of Turkey are subject to adoption by the Grand National Assembly of Turkey 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 are brought to the knowledge of the Grand National Assembly of Turkey 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 authorization given by law is not required to be approved by the Grand National Assembly of Turkey. However, agreements concluded under the provision of this paragraph and affecting the economic or commercial relations and private rights of individuals cannot be put into effect unless promulgated.

Agreements resulting in amendments to Turkish laws are 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.

The Grand National Assembly of Turkey may authorize the Council of Ministers to issue decrees having the 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 the force of law except during periods of martial law and states of emergency.

The authorization law determines the purpose, scope, principles, and operative period of the decree having the 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 do not cause the termination of the power conferred for the given period.

When approving a decree having the force of law before the end of the prescribed period, the Grand National Assembly of Turkey also states whether the power has terminated or will continue until the expiry of the said period.

Provisions relating to the decrees having the 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 the force of law 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 Grand National Assembly of Turkey on the day of their publication in the Official Gazette.

Authorization laws and decrees having the force of law, which are based on these, are debated in the committees and in the plenary sessions of the Grand National Assembly of Turkey with priority and urgency.

Decrees, which were not submitted to the Grand National Assembly of Turkey on the day of their publication, ceases to have effect on that day and decrees, which were rejected by the Grand National Assembly of Turkey, ceases to have effect on the day of publication of the decision in the Official Gazette. The amended provisions of the decrees which are approved as amended come into force on the day of their publication in the Official Gazette.

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 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, while the Grand National Assembly of Turkey is adjourned or in recess, to sudden armed aggression and it thus becomes imperative to decide immediately on the deployment of the armed forces, the President of the Republic can decide on the mobilization of the Turkish Armed Forces.

The Grand National Assembly of Turkey convenes 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 the course of 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.

If the Grand National Assembly of Turkey is convened during an adjournment or recess, it can not adjourn or go into recess again before having given priority consideration to the matter requiring the summons.

The Bureau of the Assembly of the Grand National Assembly of Turkey is composed of the Speaker, the Deputy Speaker, Secretary Members, and Administrative Members elected from among the Assembly members.

The Bureau of the Assembly is so composed as to ensure proportionate representation to the number of members of each political party group in the Assembly. Political party groups can not nominate candidates for the Office of the Speaker.

Two elections to the Bureau of the Grand National Assembly of Turkey are 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 Office of the Speaker of the Grand National Assembly of Turkey are notified, within five days of the convening of the Assembly, to the Bureau of the Assembly. Election of the Speaker is 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 is obtained in the third ballot a fourth ballot is 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 is elected Speaker. The election of the Speaker is completed within five 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 Speakers, Secretary Members and Administrative Members, are stipulated by the Rules of Procedure of the Assembly.

The Speaker and Deputy Speaker of the Grand National Assembly of Turkey cannot participate in the activities of the political party or party group in which they are a member, nor in debates, within or outside the Assembly, except in cases required by their functions; the Speaker and the Deputy Speaker who is presiding over the session can not vote.

The Grand National Assembly of Turkey carries out its activities in accordance with the provisions of the Rules of Procedure drawn up by itself.

The provisions of the Rules of Procedure are 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 are 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 grounds are organized and directed by the Office of the Speaker of the Assembly. Sufficient forces to ensure security and other such services are allocated to the Office of the Speaker of the Assembly by the relevant authorities.

Unless otherwise stipulated in the Constitution, the Grand National Assembly of Turkey convenes with at least, one-third of the total number of members and takes 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 Grand National Assembly of Turkey which they are unable to attend. However, a minister can not cast more than two votes including his own.

Debates held in the plenary session of the Grand National Assembly of Turkey are public and are published verbatim in the Journal of Records.

The Grand National Assembly of Turkey may hold closed sessions in accordance with the provisions of its Rules of Procedure; the publication of debates of such sessions is subject to the decision of the Grand National Assembly of Turkey.

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.

The Grand National Assembly of Turkey exercises its supervisory power by means of questions, parliamentary inquiries, general debates, motions of 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.

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 Grand National Assembly of Turkey.

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, are regulated by the Rules of Procedure.

A motion of interpellation may be tabled either on behalf of a political party group, or by the signature of at least twenty deputies.

A motion of censure is circulated in printed form to members within three days of its being tabled; inclusion of a motion of interpellation on the agenda is 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 censure on the agenda, the date for debating it is decided; however, the debate can not take place less than two days after the decision to place it on the agenda and cannot be deferred more than seven days.

In the course of the debate on the motion of 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 is put to the 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 is required in the voting, in which only the votes of no-confidence is counted.

Other provisions concerning motions of censure, provided that they are consistent with the smooth functioning of the Assembly, and do not conflict with the above-mentioned principles are detailed in the Rules of Procedure.

Parliamentary investigation concerning the Prime Minister or other ministers may be requested through a motion tabled by at least one-tenth of the total number of members of the Grand National Assembly of Turkey. The Assembly considers and decide on this request with a secret ballot within one month at the latest.

In the event of a decision to initiate an investigation, this investigation is 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 submits 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 is granted a further and final period of two months. Submission of this report to the Speakership of the Grand National Assembly of Turkey within the course of this period is required.

The report is distributed within ten days after the date of its submission to the Speakership, and it is debated in ten days after its distribution, and if necessary, the decision may be taken to bring the person involved before the Supreme Court. The decision to bring the person concerned before the Supreme Court can be taken only by secret ballot and by an absolute majority of the total number of members.

Political party groups in the Assembly not hold discussions or take decisions regarding parliamentary investigations.

The President of the Republic is elected for a term of office of seven years by the Grand National Assembly of Turkey 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 fulfil these requirements and are eligible to be deputies.

The nomination of a candidate for the Presidency of the Republic from outside the Grand National Assembly of Turkey requires 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, severs his relations with his party and his status as a member of the Grand National Assembly of Turkey ceases.

The President of the Republic is elected by a two-thirds majority of the total number of members of the Grand National Assembly of Turkey and by secret ballot. If the Grand National Assembly of Turkey is not in session, it is summoned immediately to meet.

The election of the President of the Republic begins thirty days before the term of office of the incumbent President of the Republic expires or ten days after the Presidency falls vacant, and is completed within thirty days of the beginning of the election. Candidates are declared to the Bureau of the Assembly within the first ten days of this period and elections are completed within the remaining twenty days.

If a two-thirds majority of the total number of members is obtained in the first two ballots, between which there is at least a three-day interval, a third ballot is held and the candidate who receives the absolute majority of votes of the total number of members is 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 is 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 Grand National Assembly of Turkey is held immediately.

The term of office of the incumbent President of the Republic continues until the President-elect takes office.

On assuming office, the President of the Republic takes 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 Grand National Assembly of Turkey and before history to safeguard the existence and independence of the state, the indivisible integrity of the Country and the Nation and the absolute sovereignty of the Nation, to abide by the Constitution, the rule of law, democracy, the principles of the laic 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.”

The President of the Republic is the Head of the State. In this capacity he represents the Republic of Turkey and the unity of the Turkish Nation; he ensures the implementation of the Constitution, and the regular and harmonious functioning of the organs of state.

To this end, the duties he or she performs, and the powers he or she exercises, in accordance with the conditions stipulated in the relevant articles of the Constitution are as follows:

1. Those relating to legislation:
   • To deliver, if he deems it necessary, the opening address of the Grand National Assembly of Turkey on the first day of the legislative year,
     Extraordinary legislative sessions

     To summon the Grand National Assembly of Turkey to meet, when necessary,

     To promulgate laws,

     To return laws to the Grand National Assembly of Turkey to be reconsidered,

     Referenda

     To submit to referendum, if he deems it necessary, legislation regarding amendment of the Constitution.

     To appeal to the Constitutional Court for the annulment fully or in part of certain provisions of laws, decrees having the force of law, and the Rules of Procedure of the Grand National Assembly of Turkey on the grounds that they are unconstitutional in form or in content,

     To call new elections for the Grand National Assembly of Turkey.

2. Those relating to executive functions:
   • To appoint the Prime Minister and to accept his resignation,
     Cabinet removal

     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 or she deems it necessary,

     To accredit representatives of the Turkish state to foreign states and to receive the representatives of foreign states appointed 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 Grand National Assembly of Turkey,

     To decide to use 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,

     Emergency provisions

     To proclaim martial law or state of emergency, and to issue decrees having the 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 inquiries, investigations and inspections,

     To appoint the members of the Higher Education Council,

     To appoint rectors of universities.

3. 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.

     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 also exercises powers of election and appointment, and perform the other duties conferred on him or her by the Constitution and laws.

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, are signed by the Prime Minister, and the ministers concerned. The Prime Minister and the ministers concerned are accountable for these decrees.

No appeal can 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 Grand National Assembly of Turkey, and by the decision of at least three-fourths of the total number of members.

In the event of a temporary absence of the President of the Republic on account of illness, travel abroad or similar circumstances, the Speaker of the Grand National Assembly of Turkey serves 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.

The establishment, the principles of organisation and functioning, and the appointment of General Secretariat of the Presidency of the Republic personnel are regulated by Presidential decrees.

The State Supervisory Council which is 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, is authorized to conduct upon the request of the President of the Republic all inquiries, investigations and inspections of all public institutions and organizations, all enterprises in which those public institutions and organisations share more than half of the capital, public professional organizations, employers’ associations and labour unions at all levels, and public welfare 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 members of the State Supervisory Council are 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 are regulated by law.

The Council of Ministers consists of the Prime Minister and the ministers.

The Prime Minister is appointed by the President of the Republic from among the members of the Grand National Assembly of Turkey.

The ministers are nominated by the Prime Minister and appointed by the President of the Republic, 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.

The complete list of members of the Council of Ministers is submitted to the Grand National Assembly of Turkey. If the Grand National Assembly of Turkey is in recess, it is summoned to meet.

The Government Program of the Council of Ministers is read by the Prime Minister or by one of the ministers before the Grand National Assembly of Turkey within a week of the formation of the Council of Ministers at the latest and then a vote of confidence is taken.

Debate on the vote of confidence begins two full days after the reading of the program and the vote is taken one full day after the end of debate.

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 Grand National Assembly of Turkey.

The request for a vote of confidence cannot be debated before one full day has elapsed from the time it was submitted to the Grand National Assembly of Turkey and cannot be put to the vote until one full day has passed after debate.

A request for a vote of confidence can be rejected only by an absolute majority of the total number of members.

The Prime Minister, as Chairman of the Council of Ministers, ensures cooperation among the ministers, and supervises 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 is responsible to the Prime Minister and is also responsible for the conduct of affairs under his jurisdiction and for the acts and activities of his subordinates.

The Prime Minister ensures that the ministers exercise their functions in accordance with the Constitution and the laws and take corrective measures to this end.

The members of the Council of Ministers who are not deputies takes their oath before the Grand National Assembly of Turkey as written in Article 81, and during their term of office as ministers they abide by the rules and conditions to which deputies are subject and enjoy parliamentary immunity. They receive the same salaries and allowances as members of the Grand National Assembly of Turkey.

The formation, abolition, functions, powers and organisation of the ministries are regulated by law.

A minister may act for another if a ministry becomes vacant or if the minister is on leave or absent for a valid reason. However, a minister can not act for more than one other minister.

A minister, who is brought before the Supreme Court by decision of the Grand National Assembly of Turkey, loses his ministerial status. If the Prime Minister is brought before the Supreme Court, the Government is considered to have resigned.

If a ministerial position becomes vacant for any reason, a new appointment is made to it within fifteen days.

The Ministers of Justice, Internal Affairs and Communications 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 appoints 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 resigns and the President of the Republic appoints a Prime Minister to form a Provisional Council of Ministers.

The Provisional Council of Ministers is 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 are independent persons appointed from within or outside the Grand National Assembly of Turkey.

The number of members to be taken from political party groups is determined by the Speaker of the Grand National Assembly of Turkey, and is communicated to the Prime Minister. Party members who do not accept the ministerial posts offered to them, or who subsequently, resign are replaced by independent persons from within or outside the Grand National Assembly of Turkey.

The Provisional Council of Ministers is formed within five days of publication in the Official Gazette of the decision to hold new elections.

The Provisional Council of Ministers is not subject to a vote of confidence.

The Provisional Council of Ministers remains in office for the duration of the elections, and until the new Assembly convenes.

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 are signed by the President of the Republic and promulgated in the same manner as laws.

In cases where the Council of Ministers fails to receive a vote of confidence under Article 110 or is compelled to resign by a vote of no-confidence under Article 99 or 111, and if a new Council of Ministers cannot be formed within forty-five days or the new Council of Ministers fails to receive a vote of confidence, the President of the Republic, in consultation with the Speaker of the Grand National Assembly of Turkey, may call for 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 Speaker of the Grand National Assembly of Turkey 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, call for new elections.

The decision to call for new elections is published in the Official Gazette and the election is held thereafter.

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 is 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 is appointed by the President of the Republic following the proposal of the Council of Ministers; his duties and powers are regulated by law. The Chief of the General Staff is responsible to the Prime Minister in the exercise of his duties and powers.

The functional relations and scope of jurisdiction of the Ministry of National Defence with regard to the Chief of the General Staff and the Commanders of the Armed Forces are regulated by law.

The National Security Council is 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 Army, Navy and Air Forces 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 heard.

The National Security Council submits to the Council of the Ministers its views on the advisory decisions that have been taken and ensuring the necessary coordination with regard to the formulation, establishment, and implementation of the national security policy of the state. The Council of Ministers evaluate 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 is 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 meets under the chairmanship of the Prime Minister.

The organization and duties of the General Secretariat of the National Security Council are regulated by law.

The Council of Ministers, meeting 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 is published immediately in the Official Gazette, and is submitted for approval to the Grand National Assembly of Turkey, on the same day. If the Grand National Assembly of Turkey is in recess, it is summoned immediately. 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 chairmanship 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 are published in the Official Gazette and are 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 are indicated in the Rules of Procedure.

Extension of the period of martial law for a maximum of four months each time, requires a decision of 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, are regulated by law.

The Martial Law Commanders exercises their duties under the authority of the Chief of the General Staff.

Recourse to judicial review is available against all actions and proceedings of the administration. National or international arbitration may be suggested to settle the disputes which arise from conditions and contracts under which concessions are granted concerning public services. International arbitration can only be applied in the case of disputes which involve a foreign component.

The acts of the President of the Republic on his own competence, and the decisions of the Supreme Military Council are outside the scope of judicial review.

In suits filed against administrative acts, the statute of limitations becomes effective 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 can 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 proceeding results in damages which are difficult or impossible to compensate for, and at the same time this proceeding is clearly unlawful, then a stay of execution may be decided upon, declaring the reason of statement.

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 is liable to compensate for damages resulting from its actions and acts.

Radio and television stations are established and administered freely in conformity with rules to be regulated by law.

Autonomy of the sole radio and television institution established by the State as a public legal entity and news agencies which receives aid from public legal entities and impartiality of both in their broadcast is fundamental.

The “Atatürk High Institution of Culture, Language and History” is established as a public legal entity, 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 Centre of Research, the Turkish Language Society, the Turkish Historical Society and the Atatürk Cultural 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 benefits of the Turkish Language Society and Turkish Historical Society, bequeathed to them by Atatürk in his will are reserved and 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, are regulated by law.

Public professional organisations and their higher organisations are public legal entities 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 are 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 cannot be required to become members of public professional organisations.

These professional organizations can not engage in activities outside the aims for which they are established.

Political parties can not nominate candidates in elections for the organs of these professional organizations or their higher bodies.

The rules concerning the administrative and financial supervision of these professional organizations by the state are prescribed by law.

The responsible organs of professional organizations which engage in activities outside their objectives are relieved of their duties by court decision upon the request of the authority designated by law or the public prosecutor, and new organs are elected in their place.

However, if, in cases where national security, public order, the prevention or the continuation of an offence or the apprehension of the offender are concerned, a delay is prejudicial, the law may designate a competent authority to suspend the professional organizations and their superior bodies from activity. The decision of this authority is submitted to approval of the judge on duty within twenty-four hours. The judge proclaims his decision within forty-eight hours; otherwise this administrative decision automatically ceases to be effective.

The Presidency of Religious Affairs, which is within the general administration, exercises its duties prescribed in its particular law, in accordance with the principles of laicism, removed from all political views and ideas, and aiming at national solidarity and integrity.

A person employed in public services, irrespective of his position or status, when he finds an order given by his superiors to be contrary to the provisions of by-laws, regulations, laws, or the Constitution does not carry it out, and informs the person giving the order of this inconsistency. However, if his superior insists on the order and renews it in writing, his order is executed; in this case the person executing the order cannot be held responsible.

An order which in itself constitutes an offence can under no circumstances be executed; the person who executes such an order cannot 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.

The Constitutional Court is composed of eleven regular and four substitute members.

The President of the Republic appoints two regular and two substitute members from the High Court of Appeals, two regular and one substitute member from the Council of State, and one member each from the Military High Court of Appeals, the High Military Administrative Court and the Audit Court, three candidates being nominated for each vacant office by the Plenary Assemblies of each court from among their respective presidents and members, by an absolute majority of the total number of members; the President of the Republic also appoints one member from a list of three candidates nominated by the Higher Education Council from among members of the teaching staff of institutions of higher education who are not members of the Council, and three members and one substitute member from among senior administrative officers and lawyers.

To qualify for appointments as regular or substitute members of the Constitutional Court, members of the teaching staff of institutions of higher education, senior administrative officers and lawyers are required to be over the age of forty and to have completed their higher education, or to have served at least fifteen years as a member of the teaching staff of institutions of higher education or to have actually worked at least fifteen years in public service or to have practiced as a lawyer for at least fifteen years.

The Constitutional Court elects a President and Deputy President from among its regular members for a term of four years by secret ballot and by an absolute majority of the total number of members. They may be re-elected at the end of their term of office.

The members of the Constitutional Court can not assume other official and private functions, apart from their main functions.

The members of the Constitutional Court retire on reaching the age of sixty-five. Membership in the Constitutional Court terminates automatically if a member is convicted of an offence requiring his dismissal from the judicial profession, it terminates by a decision of an absolute majority of the total number of members of the Constitutional Court if it is definitely established that he is unable to perform his duties on account of ill-health.

The Constitutional Court examines 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. Constitutional amendments can be examined and verified only with regard to their form. However, no action can be brought before the Constitutional Court alleging unconstitutionality as to the form or substance of decrees having the force of law issued during a state of emergency, martial law or in time of war.

The review of laws as to form is restricted to consideration of whether the requisite majority was obtained in the last ballot; the review of constitutional amendments is restricted to consideration of whether the requisite majorities were obtained for the proposal and in the ballot, and whether the prohibition on debates under urgent procedure was complied with. Review 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 cannot be made more than ten days after the date on which the law was promulgated; nor can it be raised by a plea.

The President of the Republic, members of the Council of Ministers, presidents and members of the Constitutional Court, of the High Court of Appeals, of the Council of State, of the Military High Court of Appeals, of the High Military Administrative Court of Appeals, their Chief Public Prosecutors, Deputy Public Prosecutors of the Republic, and the presidents and members of the Supreme Council of Judges and Public Prosecutors, and of the Audit Court are tried for offences relating to their functions by the Constitutional Court in its capacity as the Supreme Court.

The Chief Public Prosecutor of the Republic or Deputy Chief Public Prosecutor of the Republic acts as public prosecutor in the Supreme Court.

The judgements of the Supreme Court are final.

The Constitutional Court also performs the other functions given to it by the Constitution.

The Constitutional Court convenes with its President and ten members, and takes decisions by absolute majority. Three-fifths majority of the votes is required for the annulment of constitutional amendments and the dissolution of political parties.

The Constitutional Court gives priority to the consideration of and to decisions on, applications for annulment on the grounds of defect in form.

The organisation and trial procedures of the Constitutional Court are prescribed by law; its method of work and the division of labour among its members are regulated by the Rules of Procedure made by the Court.

The Constitutional Court examines cases on the basis of files, except where it acts as the Supreme Court. However, when it deems necessary, it may call on those concerned and those having knowledge relevant to the case, to present oral explanations and in cases regarding the permanent dissolution of political parties or in cases relating to their dissolution, may, after the Chief Public Prosecutor of High Court of Appeals, hear the pleas of the chairmanship or the acting representative of the political party whose dissolution is thereby requested.

The President of the Republic, parliamentary groups of the party in power and of the main opposition party and a minimum of one-fifth of the total number of members of the Grand National Assembly of Turkey have the right to apply for annulment action to the Constitutional Court, based on the assertion of the unconstitutionality of laws in form and in substance, of decrees having the force of law, of Rules of Procedure of the Grand National Assembly of Turkey or of specific articles or provisions thereof. If more than one political party is in power, the right of the parties in power to apply for annulment action can be exercised by the party having the greatest number of members.

The right to apply for annulment directly to the Constitutional Court lapses sixty days after publication in the Official Gazette of the contested law, the decree having the force of law, or the Rules of Procedure.

If a court which is trying a case, finds that the law or the decree having the force of law to be applied is unconstitutional, or if it is convinced of the seriousness of a claim of unconstitutionality submitted by one of the parties, it postpones the consideration of the case until the Constitutional Court decides on the issue.

If the court is not convinced of the seriousness of the claim of unconstitutionality, such a claim together with the main judgment are decided upon by the competent authority of appeal.

The Constitutional Court decides on the matter and makes its judgment public within five months of receiving the contention. If no decision is reached within this period, the trial court concludes the case under existing legal provisions. However, if the decision of the Constitutional Court is proclaimed before the decision on the merits of the case becomes final; the trial court is obliged to comply with it.

No allegation of unconstitutionality can be made with regard to the same legal provision until ten years elapse after publication in the Official Gazette of the decision of the Constitutional Court dismissing the application on its merits.

The decisions of the Constitutional Court are final. Decisions of annulment cannot be made public without a written statement of reasons.

In the course of annulling the whole, or a provision, of laws or decrees having the force of law, the Constitutional Court can not act as a law-maker and pass judgment leading to new implementation.

Laws, decrees having the force of law, or the Rules of Procedure of the Grand National Assembly of Turkey or provisions thereof, ceases to have effect from the date of publication in the Official Gazette of the annulment decision. Where necessary, the Constitutional Court may also decide on the date on which the annulment decision comes into effect. That date cannot be more than one year from the date of publication of the decision in the Official Gazette.

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 debates and decide with priority on the draft bill or law proposal, designed to fill the legal void arising from the annulment decision.

Annulment decisions cannot be applied retroactively.

Decisions of the Constitutional Court is published immediately in the Official Gazette, and is binding on the legislative, executive, and judicial organs, on the administrative authorities, and on persons and corporate bodies.

The expenditure of the state and those of public legal entities other than state economic enterprises are determined by annual budgets.

The beginning of the fiscal year and the preparation and implementation of the general and subsidiary budgets are 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 can be included in the Budget Act.

The Council of Ministers submits the draft of general and subsidiary budgets and the report containing the national budgetary estimates to the Grand National Assembly of Turkey at least seventy-five days before the beginning of the fiscal year.

The draft budgets and the reports is considered by the Budget Committee, which is composed of forty members. In the composition of this Committee, the proportional representation of the various political party groups and independent members in the Assembly, are taken into consideration subject to the allocation of at least twenty-five seats to members of the party or parties in power.

The draft budget, which is adopted by the Budget Committee within fifty-five days is thereafter considered by the Assembly and is decided on before the beginning of the fiscal year.

Members of the Grand National Assembly of Turkey express their opinions on ministerial, departmental and subsidiary budgets during the debates held in Plenary Session on each budget as a whole; the various headings and motions for amendments are read out and put to the vote without separate debate.

During debates in the plenary session on the draft Budget Act, members of the Grand National Assembly of Turkey can not make proposals which entail an increase in expenditure or a decrease in revenue.

The appropriations granted under the general and subsidiary budgets indicate the limit of expenditure allowed. No provisions can be included in the budget to the effect that the limit of expenditure may be exceeded in pursuance of a decision of the Council of Ministers. The Council of Ministers cannot be authorized to amend the budget by a decree having the force of law. In draft amendments entailing an increase in appropriations under the budget for the current fiscal year and, in draft laws and law proposals providing for additional financial commitments in the budgets for the current or following year, the financial resources which would meet the stated expenditure are required to be indicated.

The draft final accounts are 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 Audit Court submits its notice of conformity to the Grand National Assembly of Turkey within seventy-five days of the submission of the draft final accounts in question.

The draft final accounts are placed on the agenda of the Budget Committee together with the Draft Budget Law for the new fiscal year. The Budget Committee submits the draft Budget Law to the Plenary Assembly in conjunction with the draft final accounts; the Plenary Assembly considers, and decides on the draft final accounts in conjunction with the draft Budget Law for the new fiscal year.

The submission of the draft final accounts and the notice of conformity to the Grand National Assembly of Turkey can not preclude the auditing of accounts for the relevant year which have not already been dealt with by the Audit Court and not indicate that a final decision has been taken on these accounts.

The principles governing the auditing, by the Grand National Assembly of Turkey of the accounts of public establishments and partnerships in which more than half of the capital directly or indirectly belongs to the state, is regulated by law.

The State enacts the necessary legislation and takes the measures necessary for the protection of forests and the extension of their areas. Forest areas destroyed by fire are reforested; other agricultural and stock-breeding activities cannot be allowed in such areas. All forests are under the care and supervision of the state.

The ownership of state forests cannot be transferred to others. State forests can be managed and exploited by the state in accordance with the law. Ownership of these forests cannot be acquired through prescription, nor can servitude other than that in the public interest be imposed in respect of such forests.

Acts and actions which might damage forests cannot be permitted. No political propaganda which might lead to the destruction of forests can be made; no amnesties or pardons specifically granted for offences against forests can be legislated. Offences committed with the intention of burning or destroying forests or reducing forest areas cannot be included within the scope of amnesties or pardons on other occasions.

The limiting of forest boundaries can be prohibited, except in respect of areas whose preservation as forests is considered technically and scientifically useless, but whose conversion into agricultural land has been found 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 31 December 1981 and whose use for agricultural or stock-breeding purposes has been found advantageous, and in respect of built-up areas in the vicinity of cities, towns or villages.

Together with the measures to secure cooperation between the State and the inhabitants of villages located in or near forest in developing their living conditions, in protecting the forests and their wholeness, in supervising and exploiting forest, the evaluation of areas which technically and scientifically ceased to be forests before 31 December 1981, the determination of areas whose preservation as forest is considered technically and scientifically useless and their exclusion from forest boundaries, the allocation of the mentioned areas, by improving them by the State, to the use of people with the idea of settling some or all of the inhabitants of the villages in the forest in these areas are regulated by law.

With regard to developing the living conditions of the inhabitants of villages located in or near forest and to the protection the forests and their wholeness, together with the measures to secure cooperation between the State and these people, in supervising and exploiting forest, the evaluation of areas which technically and scientifically ceased to be forests before 31 December 1981, the determination of areas whose preservation as forest is considered technically and scientifically useless and their exclusion from forest boundaries, the allocation of the mentioned areas, by improving them by the State, to the use of people with the idea of settling some or all of the inhabitants of the villages in the forest in these areas are regulated by law.

Measures are introduced by law to secure co-operation between the state and the inhabitants of villages located in or near forests in the supervision and exploitation of forests for the purpose of ensuring their conservation and improving the living conditions of their inhabitants; the law also regulate the development of areas which technically and scientifically ceased to be forests before 31 December 1981, the identification of areas whose preservation as forest is considered technically and scientifically useless, their exclusion from forest boundaries, their improvement by the state for the purpose of settling all or some of the inhabitants of forest villages in them, and their allocation to these villages.

The State takes measures to facilitate the acquisition, by these inhabitants, of means and equipment of forestry and other inputs.

The lands owned by villagers resettled outside a forest are immediately reforested as a State forest.

The State takes measures to protect and inform consumers; encourages their initiatives to protect themselves.

The state takes measures to protect and support small traders and craftsmen.