The Constitution of the Republic of Turkey

PART THREE

FUNDAMENTAL ORGANS OF THE REPUBLIC

CHAPTER TWO

EXECUTIVE

I. President of the Republic

A. Qualifications and Impartiality

The nomination of a candidate for the Presidency of the Republic from outside the Turkish Grand National Assembly shall require a written proposal by at least one-fifth of the total number of members of the Assembly.

The President of the Republic cannot be elected for a second time.

The President-elect, if a member of a party, shall sever his relations with his party and his status as a member of the Turkish Grand National Assembly shall cease.

B. Election

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

If a two-thirds majority of the total number of members cannot be obtained in the first two ballots, between which there shall be at least a three-day interval, a third ballot shall be held and the candidate who receives the absolute majority of votes of the total number of members shall be elected President of the Republic. If an absolute majority of votes of the total number of members is not obtained in the third ballot, a fourth ballot will be held between the two candidates who receive the greatest number of votes in the third ballot; if the President of the Republic cannot be elected by an absolute majority of the total number of members in this ballot, new general elections for the Turkish Grand National Assembly shall be held immediately.

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

C. Oath

"In my capacity as President of the Republic I swear upon my honour and integrity before the Turkish Grand National Assembly and before history to safeguard the existence and independence of the State, the indivisible integrity of the country and the nation and the absolute sovereignty of the nation, to abide by the Constitution, the rule of law, democracy, the principles and reforms of Ataturk and the principles of the secular Republic, not to deviate from the ideal according to which everyone is entitled to enjoy human rights and fundamental freedoms under conditions of national peace and prosperity and in a spirit of national solidarity and justice, and to do my utmost to preserve and exalt the glory and honour of the Republic of Turkey and perform without bias the functions that I have assumed."

D. Duties and Powers

To this end, the duties he shall perform, and the powers he shall exercise, in accordance with the conditions stipulated in the relevant articles of the Constitution are as follows:

a) Those relating to legislation:

To deliver, if he deems it necessary, the opening address of the Turkish Grand National Assembly on the first day of the legislative year,

To summon the Turkish Grand National Assembly to meet, when necessary,

To promulgate laws,

To return laws to the Turkish Grand National Assembly to be reconsidered,

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

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

To call new elections for the Turkish Grand National Assembly.

b) Those relating to the executive functions:

To appoint the Prime Minister and to accept his resignation,

To appoint and dismiss ministers on the proposal of the Prime Minister,

To preside over the Council of Ministers or to call the Council of Ministers to meet under his chairmanship whenever he deems it necessary,

To accredit representatives of the Turkish State to foreign states and to receive the representatives of foreign states to the Republic of Turkey,

To ratify and promulgate international treaties,

To represent the Office of the Commander-in-Chief of the Turkish Armed Forces on behalf of the Turkish Grand National Assembly,

To appoint the Chief of the General Staff,

To call the National Security Council to meet,

To preside over the National Security Council,

To proclaim martial law or state of emergency, and to issue decrees having force of law, in accordance with the decisions of the Council of Ministers under his chairmanship,

To sign decrees,

To remit, on grounds of chronic illness, disability, or old age, all or part of the sentences imposed on certain individuals,

To appoint the members and the chairman of the State Supervisory Council,

To instruct the State Supervisory Council to carry out enquiries, investigations, and inspections,

To appoint the members of the Higher Education Council,

To appoint rectors of universities.

c) Those relating to the judiciary:

To appoint the members of the Constitutional Court, one-fourth of the members of the Council of State, the Chief Public Prosecutor and the Deputy Chief Public Prosecutor of the High Court of Appeals, the members of the Military High Court of Appeals, the members of the Supreme Military Administrative Court, and the members of the Supreme Council of Judges and Public Prosecutors.

The President of the Republic shall also exercise powers of election and appointment, and perform the other duties conferred on him by the Constitution and laws.

E. Presidential Accountability and Nonaccountability

No appeal shall be made to any legal authority, including the Constitutional Court, against the decisions and orders signed by the President of the Republic on his own initiative.

The President of the Republic may be impeached for high treason on the proposal of at least one-third of the total number of members of the Turkish Grand National Assembly, and by the decision of at least three-quarters of the total number of members.

F. Deputation for the President of the Republic

G. General Secretariat of the President of the Republic

H. State Supervisory Council

The Armed Forces and all judicial organs are outside the jurisdiction of the State Supervisory Council.

The members and the Chairman to be designated from among the member of the State Supervisory Council shall be appointed by the President of the Republic from among those with the qualifications set forth in the law.

The functioning of the State Supervisory Council, the term of office of its members, and other matters relating to their status shall be regulated by law.

II. Council of Ministers

A. Formation

The Prime Minister shall be appointed by the President of the Republic from among the members of the Turkish Grand National Assembly.

The ministers shall be nominated by the Prime Minister and appointed by the President of the Republic, from among the members of the Turkish Grand National Assembly, or from among those eligible for election as deputies; and they can be dismissed, by the President of the Republic, upon the proposal of the Prime Minister when deemed necessary.

B. Taking Office and Vote of Confidence

The Government Programme of the Council of Ministers shall be read by the Prime Minister or by one of the ministers before the Turkish Grand National Assembly within a week of the formation of the Council of Ministers, following which a vote of confidence shall be taken. Debate on the vote of confidence shall begin two full days after the reading of the programme and the vote shall be taken one full day after the end of debate.

C. Vote of Confidence While in Office

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

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

D. Functions and Political Responsibilities

Each minister shall be responsible to the Prime Minister and shall also be responsible for the conduct of affairs under his jurisdiction and for the acts and activities of his subordinates.

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

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

E. Formation of Ministries, and Ministers

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

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

If a ministry falls vacant for any reason, an appointment shall be made to it within fifteen days.

F. Provisional Council of Ministers During Elections

Three days before the beginning of the elections or in the event of a decision to hold new elections before the end of the election term, within five days of this decision, the Prime Minister shall appoint independent persons from within or outside of the Turkish Grand National Assembly to these Ministries.

In the event of a decision to hold new elections under Article 116, the Council of Ministers shall resign and the President of the Republic shall appoint a Prime Minister to form a Provisional Council of Ministers.

The Provisional Council of Ministers shall be composed of members of the political party groups in proportion to their parliamentary membership with the exception of the ministers of Justice, Internal Affairs, and Communications, who shall be independent persons appointed from within or outside the Turkish Grand National Assembly.

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

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

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

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

G. Regulations

Regulations shall be signed by the President of the Republic and promulgated in the same manner as laws.

H. Calling Elections for the Turkish Grand National Assembly by the President of the Republic

If a new Council of Ministers cannot be formed within forty-five days of the resignation of the Prime Minister without being defeated by a vote of confidence, or also within forty-five days of elections for the Bureau of the President of the Turkish Grand National Assembly of the newly elected Turkish Grand National Assembly, the President of the Republic may likewise, in consultation with the President of the Turkish Grand National Assembly, call new elections.

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

II. National Defence

1. Offices of Commander-in-Chief and Chief of the General Staff

The Council of Ministers shall be responsible to the Turkish Grand National Assembly for national security and for the preparation of the Armed Forces for the defence of the country.

The Chief of the General Staff is the commander of the Armed Forces, and, in time of war exercises the duties of Commander-in-Chief on behalf of the President of the Republic.

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

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

2. National Security Council

Depending on the particulars of the agenda, Ministers and other persons concerned may be invited to meetings of the Council and their views be heard.

The National Security Council shall submit to the Council of Ministers its views on taking decisions and ensuring necessary coordination with regard to the formulation, establishment, and implementation of the national security policy of the State. The Council of Ministers shall give priority consideration to the decisions of the National Security Council concerning the measures that it deems necessary for the preservation of the existence and independence of the State, the integrity and indivisibility of the country, and the peace and security of society.

The agenda of the National Security Council shall be drawn up by the President of the Republic taking into account the proposals of the Prime Minister and the Chief of the General Staff.

In the absence of the President of the Republic, the National Security Council shall meet under the chairmanship of the Prime Minister.

The organisation and duties of the General Secretariat of the National Security Council shall be regulated by law.

III. Procedure Governing Emergency Rule

A. States of Emergency

1. Declaration of a State of Emergency on Account of a Natural Disaster or Serious Economic Crisis.

2. Declaration of a State of Emergency on Account of Widespread Acts of Violence and Serious Deterioration of Public Order.

3. Rules Relating to the States of Emergency

The financial, material, and labour obligations which are to be imposed on citizens in the event of the declaration of state of emergency under Article 119, and, applicable according to the nature of each kind of state of emergency, the procedures as to how fundamental rights and freedoms shall be restricted or suspended in line with the principles of Article 15, how and by what means the measures necessitated by the situation shall be taken, what sort of powers shall be conferred on public servants, what kind of changes shall be made in the status of officials, and the procedure governing emergency rule shall be regulated by the Law on State of Emergency.

During the state of emergency, the Council of Ministers meeting under the chairmanship of the President of the Republic, may issue decrees having force of law on matters necessitated by the state of emergency. These decrees shall be published in the Official Gazette, and shall be submitted to the Turkish Grand National Assembly on the same day for approval; the time limit and procedure for their approval by the Assembly shall be indicated in the Rules of Procedure.

B. Martial Law, Mobilisation, and State of War

During the period of martial law, the Council of Ministers meeting under the chairmanship of the President of the Republic may issue decrees having force of law on matters necessitated by the state of martial law.

These decrees shall be published in the Official Gazette and shall be submitted for approval to the Turkish Grand National Assembly on the same day. The time limit and procedures for their approval by the Assembly shall be indicated in the Rules of Procedure.

Extension of the period of martial law for a maximum of four months each time, shall require a decision of the Turkish Grand National Assembly. In the event of a state of war, the limit of four months does not apply.

In the events of martial law, mobilisation, and state of war, the provisions to be applied, and conduct of affairs, the relations with the administration, the manner in which freedoms are to be restricted or suspended, and the obligations to be imposed on the citizens in a state of war, or in the event of emergence of a situation necessitating war, shall be regulated by law.

The Martial Law Commanders shall exercise their duties under the authority of the Office of the Chief of the General Staff.

IV. Administration

A. Fundamentals of the Administration

1. Integral Unity and Public Legal Personality of the Administration

The organisation and functions of the administration are based on the principles of centralization and local administration.

Public corporate bodies shall be established only by law, or on the authority expressly granted by law. ARTICLE 124. The Prime Ministry, the ministries, and public corporate bodies may issue bylaws in order to ensure the application of laws and regulations relating to their particular fields of operation, provided that they are not contrary to these laws and regulations. The law shall designate which bylaws are to be published in the Official Gazette.

B. Recourse to Judicial Review

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

In suits filed against administrative acts, statute of limitations shall start from the date of written notification.

Judicial power is limited to the verification of the conformity of the actions and acts of the administration with law. No judicial ruling shall be passed which restricts the exercise of the executive function in accordance with the forms and principles prescribed by law, which has the quality of an administrative action and act, or which removes discretionary powers.

If the implementation of an administrative act would result in damages which are difficult or impossible to compensate, and at the same time this act is clearly unlawful, then a stay of execution may be decided upon, stating the reasons therefore.

The law may restrict the issuing of stay of execution orders in cases of state of emergency, martial law, mobilisation, and state of war, and for reasons of national security, public order, and public health.

The administration shall be liable to compensate for damages resulting from its actions and acts.

C. Organisation of the Administration

1. Central Administration

The administration of the provinces is based on the principle of devolution of wide powers.

Central administrative organisations comprising several provinces may be established to ensure efficiency and coordination of public services. The functions and powers of this organisation shall be regulated by law.

2. Local Administrations

The formation, duties, and powers of the local administration shall be regulated by law in accordance with the principle of local administration.

The elections for local administrative bodies shall be held every five years in accordance with the principles set forth in Article 67 of the Constitution. Special administrative arrangements may be introduced for larger urban areas.

The procedures dealing with objections to the acquisition by elected organs of local government of their status as an organ, and their loss of such status, shall be resolved by the judiciary. However as a provisional measure, the Minister of Internal Affairs may remove from office those organs of local administration or their members against whom investigation or prosecution has been initiated on grounds of offences related to their duties, pending judgement.

The central administration has the power of administrative trusteeship over the local governments in the framework or principles and procedures set forth by law with the objective of ensuring the functioning of local services in conformity with the principle of the integral unity of the administration, securing uniform public service, safeguarding the public interest, and meeting local needs, in an appropriate manner.

The formation of local administrative bodies into a union with the permission of the Council of Ministers for the purpose of performing specific public services; and the functions, powers, financial and security arrangements of these unions, and their reciprocal ties and relations with the central administration, shall be regulated by law. These administrative bodies shall be allocated financial resources in proportion to their functions.

D. Provisions Relating to Public Servants

1. General Principles

The qualifications of public servants and other public employees, procedures governing their appointments, duties and powers, their rights and responsibilities, salaries and allowances, and other matters related to their status shall be regulated by law.

The procedure and principles governing the training of senior administrators shall be specially regulated by law.

2. Duties and Responsibilities, and Guarantees During Disciplinary Proceedings

Public servants, other public employees and members of public professional organisations or their higher bodies shall not be subjected to disciplinary penalty without their being granted the right of defence.

Disciplinary decisions shall be subject to judicial review, with the exception of warnings and reprimands.

Provisions concerning the members of the Armed Forces, judges, and prosecutors are reserved.

Actions for damages arising from faults committee by public servants and other public employees in the exercise of their duties shall be brought only against the administration in accordance with the procedures and conditions prescribed by law, and subject to recourse to them.

Prosecution of public servants and other public employees for alleged offences shall be subject, except in cases prescribed by law, to the permission of the administrative authority designated by law.

E. Institutions of Higher Education and their Higher Bodies

1. Institutions of Higher Education

Institutions of higher education, under the supervision and control of the State, can be established by foundations in accordance with the procedures and principles set forth in the law provided they do not pursue lucrative aims.

The law shall provide for a balanced geographical distribution of universities throughout the country.

Universities, members of the teaching staff, and their assistants may freely engage in all kinds of scientific research and publication. However, this shall not include the liberty to engage in activities directed against the existence and independence of the State, and against the integrity and indivisibility of the nation and the country.

Universities and units attached to them are under the control and supervision of the State and their security is ensured by the State.

University rectors shall be appointed by the President of the Republic, and faculty deans by the Higher Education Council, in accordance with the procedures and provisions of the law.

The administrative and supervisory organs of the universities and the teaching staff may not for any reason whatsoever be removed from their office by authorities other than those of the competent organs of the university or by the Higher Education Council.

The budgets drawn up by universities, after being examined and approved by the Higher Education Council shall be presented to the Ministry of National Education, and shall be put into effect and supervised in conformity with the principles applied to general and subsidiary budgets.

The establishment of institutions of higher education and their organs, their functioning and elections, their duties, authorities, and responsibilities, the procedures to be followed by the State in the exercise of the right to supervise and inspect the universities, the duties of the teaching staff, their titles, appointments, promotions and retirement, the training of the teaching staff, the relations of the universities and the teaching staff with public institutions and other organisations, the level and duration of education, admission of students into institutions of higher education, attendance requirements and fees, principles relating to assistance to be provided by the State, disciplinary and penalty matters, financial affairs, personnel rights, conditions to be conformed with by the teaching staff, the assignment of the teaching staff in accordance with interuniversity requirements, the pursuance of training and education in freedom and under guarantee and in accordance with the requirements of contemporary science and technology, and the use of financial resources provided by the State to the Higher Education Council and the universities, shall be regulated by law.

Institutions of higher education established by foundations shall be subject to the provisions set forth in the Constitution for State institutions of higher education, as regards the academic activities, recruitment of teaching staff and security, excepting the financial and administrative matters.

2. Superior Bodies of Higher Education

The Higher Education Council is composed of members appointed by the President of the Republic from among the candidates who are nominated by the Council of Ministers, the Chief of the General Staff and the universities, and in accordance with the numbers, qualifications and procedure prescribed by law, priority being given to those who have served successfully as faculty members or rectors, and of members directly appointed by the President of the Republic himself.

The organisation, functions, authority, responsibility and operating principles of the Council shall be regulated by law.

3. Institutions of Higher Education Subject to Special Provisions

F. Radio and Television Administration and News Agencies with State Connection

The law shall provide that broadcasts are made in a manner to safeguard the existence and independence of the Turkish State, the indivisible integrity of the country and the nation, the peace of society, public morals, and the fundamental characteristics of the Republic as outlined in Article 2 of the Constitution; and, it shall observe the principle of impartiality in the administration and supervision of the Corporation, in the formation of its administrative organs, and in all radio and television broadcasts.

The principles governing the selection, treatment and presentation of news and programmes, the fulfillment of the task to aid the national culture and education, and the principles of ensuring the accuracy of the news; and the election, functions, and responsibilities of the organs shall be regulated by law.

The provisions of paragraph 2 above shall also apply to those news agencies having the character of state economic enterprises and to those receiving financial aid from the State or other public corporate bodies.

G. The Ataturk High Institution of Culture, Language, and History

The financial income of the Turkish Language Society and Turkish Historical Society, bequeathed to them by Ataturk in his will, are reserved and shall be allocated to them accordingly.

The establishment, organs, operating procedures, and personnel matters of the Ataturk High Institution of Culture, Language, and History, and its authority over the institutions within it, shall be regulated by law.

H. Public Professional Organisations

Persons regularly employed in public institutions, or in state economic enterprises, shall not be required to become member of public professional organisations.

Public professional organisations shall not engage in activities outside the aims for which they were established, nor shall they engage in political activities or take joint action with political parties, labour unions, or associations.

Political parties, labour unions and their higher bodies shall not nominate candidates in elections for the organs of public professional organisations or their higher bodies, nor shall they engage in activities or propaganda for or against particular candidates.

Public professional organisations shall be subject to administrative and financial supervision of the State as prescribed by law.

The responsible organs of public professional organisations which engage in activities beyond their objectives or in political activities, shall be dissolved by a court decision, at the request of the authority designated by law; and new organs shall be elected in their place.

In respect of safeguarding the existence and independence of the Turkish State, the indivisible integrity of the country and nation, the peace of society, and, preventing the activities threatening the fundamental characteristics of the State as defined in the Constitution, the highest local administrator may, in the event delay is deemed prejudicial, temporarily remove these organs from office.

The decision to remove from office shall be communicated to the court within ten days. The court shall decide within ten days at the latest whether the decision of removal from office is justified.

I. Department of Religious Affairs

J. Unlawful Orders

An order which in itself constitutes an offence shall under no circumstances be executed; the person who executes such an order shall not evade responsibility.

Exceptions designated by law relating to the execution of military duties and the protection of public order or public security in urgent situations are reserved.