Turkey 1982 Constitution (reviewed 2017)

PART THREE. Fundamental Organs of the Republic

CHAPTER ONE. Legislative Power

I. The Grand National Assembly of Turkey

A. Composition

ARTICLE 75

The Grand National Assembly of Turkey shall be composed of six hundred deputies elected by universal suffrage.

B. Eligibility to be a deputy

ARTICLE 76

Every Turk over the age of eighteen is eligible to be a deputy.

Persons who have not completed at least primary education, who have been deprived of legal capacity, who are in relation with the military service, who are banned from public service, who have been sentenced to a prison term totalling one year or more excluding involuntary offences, or to a heavy imprisonment; those who have been convicted for dishonourable offences such as embezzlement, corruption, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy; and persons convicted of smuggling, conspiracy in official bidding or purchasing, of offences related to the disclosure of state secrets, of involvement in acts of terrorism, or incitement and encouragement of such activities, shall not be elected as a deputy, even if they have been granted amnesty.

Judges and prosecutors, members of the higher judicial organs, lecturers at institutions of higher education, members of the Council of Higher Education, employees of public institutions and agencies who have the status of civil servants, other public employees not regarded as labourers on account of the duties they perform, and members of the armed forces shall not stand for election or be eligible to be a deputy unless they resign from office.

C. Election term of the Grand National Assembly of Turkey

ARTICLE 77

Elections for the Grand National Assembly of Turkey and the Presidency of the Republic shall be held on the same day every five years.

A deputy whose term of office expires is eligible for re-election.

If the simple majority is not obtained in the first round of Presidential elections, a second round of voting is held according to procedure stated in Article 101.

D. Deferment of elections and by-elections

ARTICLE 78

If holding new elections is deemed impossible because of war, the Grand National Assembly of Turkey may decide to defer elections for a year.

If the grounds do not disappear, the deferment may be repeated in compliance with the procedure for deferment.

By-elections shall be held when vacancies arise in the membership of the Grand National Assembly of Turkey. By-elections shall be held once in every election term and cannot be held unless thirty months elapse after the general election. However, in cases where the number of vacant seats reaches five per cent of the total number of seats, by-elections decided to be held within three months.

By-elections shall not be held within one year before general elections.

Apart from the above specified situations, if all the seats of a province or electoral district fall vacant in the Assembly, a by-election shall be held on the first Sunday after ninety days following the vacancy. The third paragraph of Article 127 of the Constitution shall not apply for elections held per this paragraph.

E. General administration and supervision of elections

ARTICLE 79

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

The Supreme Board of Election shall execute all the functions to ensure the fair and orderly conduct of elections from the beginning to the end, carry out investigations and take final decisions, during and after the elections, on all irregularities, complaints and objections concerning the electoral matters, and receive the electoral records of the members of the Grand National Assembly of Turkey and presidential election. No appeal shall be made to any authority against the decisions of the Supreme Board of Election.

The functions and powers of the Supreme Board of Election and other electoral boards shall be determined by law.

The Supreme Board of Election shall be composed of seven regular members and four substitutes. Six of the members shall be elected by the General Board of Court of Cassation, and five of the members shall be elected by the General Board of Council of State from amongst their own members, by the vote of the absolute majority of the total number of members through secret ballot. These members shall elect a chairperson and a vice-chairperson from amongst themselves, by absolute majority and secret ballot.

Amongst the members elected to the Supreme Board of Election by the Court of Cassation and by the Council of State, two members from each group shall be designated by lot as substitute members. The Chairperson and Vice-Chairperson of the Supreme Board of Election shall not take part in this procedure.

The general conduct and supervision of a referendum on laws amending the Constitution and of election of the President of the Republic by people shall be subject to the same provisions relating to the election of deputies.

F. Provisions relating to membership

1. Representing the nation

ARTICLE 80

Members of the Grand National Assembly of Turkey shall not represent their own constituencies or constituents, but the nation as a whole.

2. Oath-taking

ARTICLE 81

Members of the Grand National Assembly of Turkey, on assuming office, shall take the following oath:

“I swear upon my honour and integrity, before the great Turkish Nation, to safeguard the existence and independence of the state, the indivisible integrity of the country and the nation, and the absolute sovereignty of the nation; to remain loyal to the supremacy of law, to the democratic and secular republic, and to Atatürk’s principles and reforms; not to deviate from the ideal according to which everyone is entitled to enjoy human rights and fundamental freedoms under the notion of peace and prosperity in society, national solidarity and justice, and loyalty to the Constitution.”

3. Activities incompatible with membership

ARTICLE 82

Members of the Grand National Assembly of Turkey shall not hold office in state departments and other public corporate bodies and their subsidiaries; in corporations and enterprises where there is direct or indirect participation of the State or public corporate bodies; in the enterprises and corporations where the State and other public corporate bodies take part directly or indirectly; in the executive and supervisory boards of public benefit associations whose private resources of revenues and privileges are provided by law; of the foundations receiving subsidies from the state and enjoying tax exemption; of the professional organizations having the characteristics of public institutions and trade unions; and in the executive and supervisory boards of aforementioned enterprises and corporations which they have a share and in their higher bodies. Nor shall they be representatives, accept any contracted engagement of the boards stated above directly or indirectly, serve as a representative, or perform as an arbitrator therein.

Members of the Grand National Assembly of Turkey shall not be entrusted with any official or private duties involving proposal, recommendation, appointment, or approval by the executive organ.

Other duties and activities incompatible with membership in the Grand National Assembly of Turkey shall be regulated by law.

4. Parliamentary immunity

ARTICLE 83

Members of the Grand National Assembly of Turkey shall not be liable for their votes and statements during parliamentary proceedings, for the views they express before the Assembly, or, unless the Assembly decides otherwise, on the proposal of the Bureau for that sitting, for repeating or revealing these outside the Assembly.

A deputy who is alleged to have committed an offence before or after election shall not be detained, interrogated, arrested or tried unless the Assembly decides otherwise. This provision shall not apply in cases where a member is caught in flagrante delicto requiring heavy penalty and in cases subject to Article 14 of the Constitution as long as an investigation has been initiated before the election. However, in such situations the competent authority has to notify the Grand National Assembly of Turkey of the case immediately and directly.

The execution of a criminal sentence imposed on a member of the Grand National Assembly of Turkey either before or after his election shall be suspended until he ceases to be a member; the statute of limitations does not apply during the term of membership.

Investigation and prosecution of a re-elected deputy shall be subject to the Assembly’s lifting the immunity anew.

Political party groups in the Grand National Assembly of Turkey shall not hold debates or take decisions regarding parliamentary immunity.

5. Loss of membership

ARTICLE 84

The loss of membership of a deputy who has resigned shall be decided upon by the Plenary of the Grand National Assembly of Turkey after the Bureau of the Grand National Assembly of Turkey attests to the validity of the resignation.

The loss of membership, through a final judicial sentence or deprivation of legal capacity, shall take effect after the Plenary has been notified of the final court decision on the matter.

The loss of membership of a deputy who insists on holding a position or carrying out a service incompatible with membership according to Article 82 shall be decided by the Plenary through secret voting, upon the submission of a report drawn up by the authorized committee setting out the factual situation.

Loss of membership of a deputy who fails to attend Parliamentary proceedings without excuse or leave of absence for five sessions, in a period of one month shall be decided upon by the Plenary with a majority of the total number of members after the Bureau of the Assembly determines the situation.

6. Application for annulment

ARTICLE 85

If the parliamentary immunity of a deputy has been lifted or if the loss of membership has been decided according to the first, third or fourth paragraphs of Article 84, the deputy in question or another deputy may, within seven days from the date of the decision of the Plenary, appeal to the Constitutional Court, for the decision to be annulled on the grounds that it is contrary to the Constitution, law or the Rules of Procedure. The Constitutional Court shall make the final decision on the appeal within fifteen days.

7. Salaries and travel allowances

ARTICLE 86

Salaries, travel allowances and retirement procedures of the members of the Grand National Assembly of Turkey shall be regulated by law. The monthly amount of the salary shall not exceed the salary of the most senior civil servant; the travel allowance shall not surpass half of that salary. The members of the Grand National Assembly of Turkey and retired members are affiliated with the Pension Fund of the Turkish Republic, and the affiliation of those whose membership have expired continue upon their request.

The salaries and allowances to be paid to the members of the Grand National Assembly of Turkey shall not necessitate the termination of pensions and similar payments entitled by the Pension Fund of the Turkish Republic.

A maximum of three months’ salaries and travel allowances may be paid in advance.

II. Duties and powers of the Grand National Assembly of Turkey

A. General

ARTICLE 87

The duties and powers of the Grand National Assembly of Turkey are to enact, amend, and repeal laws; to debate and adopt the budget bills and final accounts bills; to decide to issue currency and declare war; to approve the ratification of international treaties, to decide with the majority of three-fifths of the Grand National Assembly of Turkey to proclaim amnesty and pardon; and to exercise the powers and carryout the duties envisaged in the other articles of the Constitution.

B. Introduction and deliberation of bills

ARTICLE 88

Deputies are empowered to introduce bills.

The procedure and principles regarding the deliberation of private members’ bills in the Grand National Assembly of Turkey shall be regulated by the Rules of Procedure.

C. Promulgation of laws by the President of the Republic

ARTICLE 89

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

The President of the Republic shall send the laws that he deems, in whole or in part, unsuitable for promulgation, along with the justification, back to the Grand National Assembly of Turkey for reconsideration in the same period. In case of being partially deemed unsuitable by the President of the Republic, the Grand National Assembly of Turkey may discuss only those articles. Budget laws shall not be subject to this provision.

If the Grand National Assembly of Turkey adopts the law sent back for reconsideration with the absolute majority of total number of members without any amendment, the law shall be promulgated by the President of the Republic; if the Assembly makes a new amendment to the law, the President of the Republic may send the amended law back for reconsideration.

Provisions relating to constitutional amendments are reserved.

D. Ratification of international treaties

ARTICLE 90

The ratification of treaties concluded with foreign states and international organisations on behalf of the Republic of Turkey shall be subject to adoption by the Grand National Assembly of Turkey by a law approving the ratification.

Agreements regulating economic, commercial or technical relations, and covering a period of no more than one year, may be put into effect through promulgation, provided they do not entail any financial commitment by the State, and provided they do not interfere with the status of individuals or with the property rights of Turks abroad. In such cases, these agreements shall be brought to the knowledge of the Grand National Assembly of Turkey within two months of their promulgation.

Implementation agreements based on an international treaty, and economic, commercial, technical, or administrative agreements, which are concluded depending on the authorization as stated in the law, shall not require approval of the Grand National Assembly of Turkey. However, economic, commercial agreements or agreements relating to the rights of individuals concluded under the provision of this paragraph shall not be put into effect unless promulgated.

Agreements resulting in amendments to Turkish laws shall be subject to the provisions of the first paragraph.

International agreements duly put into effect have the force of law. No appeal to the Constitutional Court shall be made with regard to these agreements, on the grounds that they are unconstitutional. In the case of a conflict between international agreements, duly put into effect, concerning fundamental rights and freedoms and the laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail.

E. Authorization to issue decrees having the force of law

ARTICLE 91

(Repealed on January 21, 2017; Act No. 6771)

F. Declaration of state of war and authorization to deploy the armed forces

ARTICLE 92

The power to authorize the declaration of a state of war in cases deemed legitimate by international law and except where required by international treaties to which Turkey is a party or by the rules of international courtesy to send the Turkish Armed Forces to foreign countries and to allow foreign armed forces to be stationed in Turkey, is vested in the Grand National Assembly of Turkey.

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

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

A. Convening and recess

ARTICLE 93

The Grand National Assembly of Turkey shall convene of its own accord on the first day of October each year.

The Assembly may be in recess for a maximum of three months in a legislative year; during adjournment or recess it may be summoned by the President of the Republic.

The Speaker of the Assembly may also summon the Assembly either on his own initiative or at the written request of one fifth of the members.

The Grand National Assembly of Turkey convened during an adjournment or recess shall not adjourn or go into recess again before having given priority consideration to the matter requiring the summons.

B. Bureau of the Assembly

ARTICLE 94

The Bureau of the Assembly of the Grand National Assembly of Turkey shall be composed of the Speaker, vice-speakers, secretaries, and quaestors elected from among members of the Assembly.

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

Two elections to the Bureau of the Grand National Assembly of Turkey shall be held in one legislative term. The term of office of those elected in the first round is two years and the term of office of those elected in the second round shall continue until the end of that legislative term.

The candidates from among the members of the Assembly for the Office of the Speaker of the Grand National Assembly of Turkey shall be announced, within five days of the convening of the Assembly, to the Bureau of the Assembly. Election of the Speaker shall be held by secret ballot.

In the first two ballots, a two-thirds majority of the total number of members, and in the third ballot an absolute majority of the total number of members is required. If an absolute majority cannot be obtained in the third ballot, a fourth ballot shall be held between the two candidates who have received the highest number of votes in the third ballot; the member who receives the greatest number of votes in the fourth ballot shall be elected as Speaker. The election of the Speaker shall be completed within five days after the expiry of the period for the nomination of candidates.

The quorum required for election, the number of ballots and its procedure, the number of vice-speakers, secretaries and quaestors, shall be determined by the Rules of Procedure.

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

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

ARTICLE 95

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

The provisions of the Rules of Procedure shall be drawn up in such a way as to ensure the participation of each political party group in all the activities of the Assembly in proportion to its number of members. Political party groups shall be constituted only if they have at least twenty members.

All security and administrative services of the Grand National Assembly of Turkey regarding all buildings, installations, annexes and lands shall be organised and directed by the Office of the Speaker of the Assembly. Sufficient forces to ensure security and other such services shall be allocated to the Office of the Speaker of the Assembly by the relevant authorities.

D. Quorums and majority for decisions

ARTICLE 96

The Grand National Assembly of Turkey shall convene with at least one-third of the total number of members for all its affairs, including elections it holds. Unless otherwise stipulated in the Constitution, the Grand National Assembly of Turkey shall take decisions by an absolute majority of those present; however, the majority for decision can, under no circumstances, be less than one plus a quarter of the total number of members.

E. Publicity and publication of debates

ARTICLE 97

Debates held in the Plenary of the Grand National Assembly of Turkey shall be public and shall be published verbatim in the Journal of Minutes.

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

Public debates in the Assembly may be freely published through all means, unless a decision to the contrary is adopted by the Assembly upon a proposal of the Bureau.

IV. Ways of obtaining information and supervision by the Grand National Assembly of Turkey

A. General

ARTICLE 98

The Grand National Assembly of Turkey shall exercise its powers of acquiring information and supervision by means of parliamentary inquiry, general debate, censure, parliamentary investigation, and written question.

A parliamentary inquiry is an examination conducted to acquire 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 of the Grand National Assembly of Turkey.

A parliamentary investigation is an investigation about the Vice-Presidents of the Republic and the Ministers conducted according to the fifth, sixth, seventh paragraphs of Article 106.

A written question is a request for information addressed to the Vice-Presidents of the Republic of Ministers by deputies to be answered in writing within fifteen days at the latest.

The form of presentation, content, and scope of the motions concerning parliamentary inquiry, general debate and written question and the procedures of inquiry shall be regulated by the Rules of Procedure.

B. Censure

ARTICLE 99

(Repealed on January 21, 2017; Act No. 6771)

C. Parliamentary investigation

ARTICLE 100

(Repealed on January 21, 2017; Act No. 6771)

CHAPTER TWO. The Executive Power

I. President of the Republic

A. Nomination and election

ARTICLE 101

The President of the Republic shall be elected directly by the public from among Turkish citizens who are eligible to be deputies, who are over forty years of age and who have completed higher education.

The President of the Republic’s term of office shall be five years. A person may be elected as President of the Republic for two terms at most.

Political party groups, political parties which have recieved more than five percent of the valid votes in sum alone or jointly in the latest parliamentary elections, or at least a hundred thousand electorates may nominate a candidate for Presidency of the Republic.

If a deputy is elected as the President of the Republic, his/her membership of the Grand National Assembly of Turkey shall cease.

In presidential elections conducted by universal suffrage, the candidate who receives the absolute majority of the valid votes cast shall be elected President of the Republic. If such a majority cannot be obtained in the first ballot, the second ballot shall be held on the second Sunday following this ballot. The first two top rated candidates in first ballot shall run for the second, and the candidate who receives the majority of the valid votes cast shall be elected President of the Republic.

If one of the candidates who is entitled to run for the second ballot is unable to participate in the election for any reason whatsoever, the second ballot shall be conducted by substituting the vacant candidacy in conformity with the ordering constituted in the first ballot. where only one candidate remains for the second ballot, this ballot shall be conducted as a referendum. Should the candidate receive the majority of the valid votes, he/she shall be elected the President of the Republic. If that candidate cannot receive the majority of the valid votes cast in election, only presidential election is renewed.

If the elections cannot be completed the term of office of the incumbent President of the Republic shall continue until the President of the Republic-elect takes the office.

Other procedures and principles concerning presidential elections shall be regulated by law.

B. Election

ARTICLE 102

(Repealed on January 21, 2017; Act No. 6771)

C. Oath-taking

ARTICLE 103

On assuming office, the President of the Republic shall take the following oath before the Grand National Assembly of Turkey:

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

D. Duties and powers

ARTICLE 104

The President of the Republic is the head of the State. Executive power belongs to the President of the Republic.

In this capacity, he/she shall represent the Republic of Turkey and the unity of the Turkish Nation; he/she shall ensure the implementation of the Constitution, and the regular and harmonious functioning of the organs of the State.

If he/she deems it necessary, delivers the opening speech of the Grand National Assembly of Turkey on the first day of the legislative year.

He/she gives message to the Assembly about domestic and foreign policy of the country.

He/she promulgates laws.

He/she returns laws for reconsideration to the Grand National Assembly of Turkey.

He/she lodges an action for annulment with the Constitutional Court for the whole or certain provisions of enacted laws, the Rules of Procedure of the Grand National Assembly of Turkey on the grounds that they are unconstitutional in form or in substance.

He/she appoints and dismisses Vice-Presidents of the Republic and ministers.

He/she appoints and dismisses high level State officials, and regulates the procedures and principles relating to the appointment of these, by presidential decrees.

He/she accredits representatives of the Turkish State to foreign states and receives the representatives of foreign states appointed to the Republic of Turkey.

He/she ratifies and promulgates international treaties.

He/she holds a referendum, if he/she deems it necessary, on laws regarding amendment to the Constitution.

He/she determines the national security policies and takes the necessary measures.

He/she represents the Office of Commander-in-Chief of the Turkish Armed Forces on behalf of the Grand National Assembly of Turkey.

He/she decides on the use of the Turkish Armed Forces.

He/she commutes or revokes the sentences imposed on certain individuals, on grounds of chronic illness, disability and old age.

The President of the Republic may issue presidential decrees on matters relating to the executive power. The fundamental rights, individual rights and duties included in the first and second chapters, and the political rights and duties listed in the fourth chapter of the second part of the Constitution, shall not be regulated by presidential decrees. No presidential decrees shall be issued on matters to be regulated exclusively by law embodied in the Constitution. No presidential decree shall be issued on matters explicitly regulated by law. In the case of a conflict between presidential decrees and the laws due to differences in provisions on the same matter, the provisions of law shall prevail. In case the Grand National Assembly of Turkey introduces a law on the same matter, the presidential decree shall become null and void.

The President of the Republic may issue by-laws in order to ensure the implementation of laws providing that they are not contrary to these laws and regulations.

Decrees and by-laws shall come into force on the day of their publication in the Official Gazette unless a date later than publication is determined.

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

E. Criminal liability of the President of the Republic

ARTICLE 105

Parliamentary Investigation may be requested claiming that the President of the Republic commits a crime through a motion tabled by an absolute majority of the total number of members of the Grand National Assembly of Turkey. The Assembly shall debate this request within one month at the latest and may decide to open an investigation through a three-fifths majority in secret ballot.

Where a decision to launch an investigation is made, the investigation shall be conducted by a committee of fifteen members, chosen by lot, for each political party in the Assembly, separately from among three times candidates nominated for each seat reserved to party groups in proportion to their number of seats. The committee shall submit its report on the result of the investigation to the Office of the Speaker of the Assembly within two months. In case the investigation is not completed within the time allotted, the committee shall be granted a further and final period of one month.

Following its submission to the Office of the Speaker, the report shall be distributed within ten days and debated in the Plenary within ten days after its distribution. The Grand National Assembly of Turkey may decide to refer the case to the Supreme Court with two-thirds majority of the total number of members through secret ballot. The Supreme Court trial shall be concluded in three months, if the trial is not completed within the time allotted, a further three months shall be granted for once, and the trial shall absolutely be completed within that time.

The President of the Republic regarding whom an investigation is decided to be launched cannot decide to hold elections.

The term of office of the President of the Republic, who is convicted by the Supreme Court of a crime that prevents from being elected, shall cease.

The alleged offences committed by the President of the Republic during the term of office shall be subject to the provisions of this article also after the term of office expires.

F. Vice-presidents of the Republic, acting president of the Republic and ministers

ARTICLE 106

After being elected, the President of the Republic may appoint one or more Vice-Presidents of the Republic.

In case the office of the President of the Republic falls vacant for any reason, the election of the President of the Republic shall be held in forty five days. Until a new one is elected, the Vice-President of the Republic shall deputise, and he/she shall exercise the powers of the President of the Republic. If the general election is to be held within a year or less, the election of the Grand National Assembly of Turkey shall be renewed together with the election of the President of the Republic. If the general election is to be held in over one year, the President of the Republic newly elected shall continue to serve until the election date of the Grand National Assembly of Turkey. For the President of the Republic who is completing that remaining period, this time-frame shall not be counted as the term of office. Both elections shall be held together at the date of the general elections of the Grand National Assembly of Turkey.

In the event of a temporary absence of the President of the Republic on account of illness, travel abroad or similar circumstances, the Vice-President of the Republic shall serve as Acting President of the Republic and exercise the powers of the President of the Republic.

Vice-Presidents of the Republic and ministers shall be appointed from among those eligible to be elected as deputies and dismissed by the President of the Republic. Vice-Presidents of the Republic and ministers shall take their oaths before the Grand National Assembly of Turkey, as written in Article 81. If members of the Grand National Assembly of Turkey are appointed as Vice-Presidents of the Republic or ministers, their parliamentary membership shall cease.

Vice-Presidents of the Republic and ministers shall be accountable to the President of the Republic. Parliamentary investigation alleging that they committed a task-related crime may be requested against the Vice-Presidents of the Republic and ministers through a motion tabled by an absolute majority of the total number of members of the Grand National Assembly of Turkey. The Assembly shall debate on this request within one month at the latest and may decide to open an investigation with a three-fifths majority in secret ballot.

Where a decision to launch an investigation is made, the investigation shall be conducted by a committee of fifteen members, chosen by lot, for each political party in the Assembly, separately from among three times candidates nominated for each seat reserved to party groups in proportion to their number of seats.

The committee shall submit its report on the result of the investigation to the Office of the Speaker within two months. In case the investigation is not completed within the time allotted, the committee shall be granted a further and final period of one month.

Following its submission to the Office of the Speaker, the report shall be distributed within ten days and debated in the Plenary within ten days after its distribution. The Grand National Assembly of Turkey may decide to refer the case before the Supreme Court with two-thirds majority of the total number of members through secret ballot. The Supreme Court trial shall be concluded in three months, if the trial is not completed within the time allotted, a further three months shall be granted for once, and the trial shall absolutely be completed within that time.

The alleged task-related offences committed during their terms of offices shall also be subject to the provisions of paragraphs (5), (6) and (7) after the termination of their duties.

The term of office of the Vice-President of the Republic or minister, who is convicted by the Supreme Court of a crime that prevents from being elected, shall cease.

During the term of office, for the alleged offences which are not task-related, Vice-Presidents of the Republic and ministers shall enjoy parliamentary immunity.

The formation, abolition, functions, powers and organisation, and formation of central and regional organisation of the ministries shall be regulated by presidential decrees.

G. General Secretariat of the President of the Republic

ARTICLE 107

(Repealed on January 21, 2017; Act No. 6771)

H. State Supervisory Council

ARTICLE 108

The State Supervisory Council which was established under the Office of the Presidency of the Republic, with the purpose of ensuring the lawfulness, regular and efficient functioning and improvement of administration, conduct all administrative investigations, inquiries, investigations and inspections of all public bodies and organizations, all enterprises in which those public bodies and organizations share more than half of the capital, public professional organizations, employers’ associations and labour unions at all levels, and public welfare associations and foundations, upon the request of the President of the Republic.

Judicial organs are outside the jurisdiction of the State Supervisory Council.

The Chairperson and the members of the State Supervisory Council shall be appointed by the President of the Republic.

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

II. Council of Ministers

A. Formation

ARTICLE 109

(Repealed on January 21, 2017; Act No. 6771)

B. Taking office and vote of confidence

ARTICLE 110

(Repealed on January 21, 2017; Act No. 6771)

C. Vote of confidence while in office

ARTICLE 111

(Repealed on January 21, 2017; Act No. 6771)

D. Functions and political responsibilities

ARTICLE 112

(Repealed on January 21, 2017; Act No. 6771)

E. The formation of ministries, and ministers

ARTICLE 113

(Repealed on January 21, 2017; Act No. 6771)

F. Provisional Council of Ministers during elections

ARTICLE 114

(Repealed on January 21, 2017; Act No. 6771)

G. Regulations

ARTICLE 115

(Repealed on January 21, 2017; Act No. 6771)

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

ARTICLE 116

The Grand National Assembly may decide to renew elections with a three-fifths majority of the total number of members. In this case, general election of the Grand National Assembly and presidential elections shall be held together.

In the event that the President of the Republic decides to renew the elections, general election of the Grand National Assembly and presidential elections shall be held together.

Where the renewal of the elections is decided by the Grand National Assembly of Turkey during the second term of the President of the Republic, he/she may run for the presidency once more.

The powers of the Assembly and the President of the Republic of which the renewal of elections is decided together, shall continue until inauguration of these organs.

The terms of offices of the Assembly and the President of the Republic elected in this manner shall also be five years.

I. National defence

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

ARTICLE 117

The Office of Commander-in-Chief is inseparable from the spiritual existence of the Grand National Assembly of Turkey and is represented by the President of the Republic.

The President of the Republic shall be responsible to the Grand National Assembly of Turkey for national security and for the preparation of the armed forces for the defence of the country.

The Chief of the General Staff, appointed by the President of the Republic, 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.

2. National Security Council

ARTICLE 118

The National Security Council shall be composed of Vice-Presidents of the Republic, ministers of Justice, National Defence, Internal Affairs, and Foreign Affairs, the Chief of the General Staff, the commanders of the Land, Naval and Air Forces under the chairpersonship 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 shall submit to the President of the Republic the advisory decisions taken with regard to the formulation, determination, and implementation of the national security policy of the State and its views on ensuring the necessary coordination. The President of the Republic shall evaluate decisions of the National Security Council concerning the measures that it deems necessary for the preservation of the existence and independence of the State, the integrity and indivisibility of the country, and the peace and security of society.

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

In the absence of the President of the Republic, the National Security Council shall convene under the chairpersonship of the Vice-President of the Republic.

The organization and duties of the General Secretariat of the National Security Council shall be regulated by presidential decree.

III. State of emergency administration

ARTICLE 119

The President of the Republic may declare state of emergency in one or more regions or throughout the country for a period not exceeding six months in the event of war, the emergence of a situation necessitating war, mobilization, uprising, strong and actual attempt against homeland and Republic, widespread acts of violence of internal or external origin threatening the indivisibility of the country and the nation, emergence of widespread acts of violence which are aimed at the destruction of the constitutional order or the fundamental rights and freedoms, severly destruction of public order due to acts of violence, and emergence of natural disaster, dangerous pandemic disease or severe economic crises.

The decision of declaration of state of emergency shall be published on the issuing day in the Official Gazette, and submitted to the Grand National Assembly of Turkey for approval, on the same day.

If the Grand National Assembly of Turkey is in recess, it shall be immediately summoned. The Grand National Assembly of Turkey may, when it deems necessary, reduce or extend the period of state of emergency, or lift it.

The Grand National Assembly of Turkey may extend the period of state of emergency for a maximum of four months each time upon the President of the Republic ’s request. In the event of state of war, the limit of four months does not apply.

The financial, material and labour obligations which are to be imposed on citizens in the event of the declaration of state of emergency and the manner how fundamental rights and freedoms shall be restricted or suspended temporarily in line with the principles of Article 15, which provisions shall be applied, and how the procedures shall be exercised, shall be regulated by law.

During the state of emergency, the President of the Republic, may issue presidential decrees on the matters necessitated by the state of emergency without the limitation set forth in the second sentence of the seventeenth paragraph of Article 104. These decrees having the force of law shall be published in the Official Gazette, and shall be submitted to the Grand National Assembly of Turkey on the same day for approval.

Save for the situations that the Grand National Assembly of Turkey cannot convene due to war and force majeure; presidential decrees issued during the state of emergency shall be debated and concluded in the Grand National Assembly of Turkey within three months. Otherwise, the Presidential decree issued in the state of emergency shall ex officio cease to have effect.

ARTICLE 120

(Repealed on January 21, 2017; Act No. 6771)

ARTICLE 121

(Repealed on January 21, 2017; Act No. 6771)

ARTICLE 122

(Repealed on January 21, 2017; Act No. 6771)

IV. Administration

A. Fundamentals of the administration

1. Integrity of the administration and public coporate bodies

ARTICLE 123

The administration forms a whole, with regard to its constitution and functions, and shall be regulated by law.

The organization and functions of the administration are based on the principles of centralization and decentralization.

Public corporate bodies shall be established only by law or by presidential decrees.

2. By-laws

ARTICLE 124

The President of the Republic, the ministries, and public corporate bodies may issue by-laws in order to ensure the implementation of laws and presidential decrees relating to their jurisdiction, as long as they are not contrary to these laws and presidential decrees.

The law shall designate which by-laws are to be published in the Official Gazette.

B. Judicial review

ARTICLE 125

Recourse to judicial review shall be available against all actions and acts of administration. In concession, conditions and contracts concerning public services and national or international arbitration may be suggested to settle the disputes arising from them. Only those disputes involving an element of foreignness may be submitted to international arbitration.

Recourse to judicial review shall be available against all decisions taken by the Supreme Military Council regarding expulsion from the armed forces except acts regarding promotion and retiring due to lack of tenure.

Time limit to file a lawsuit against an administrative act begins from the date of written notification of the act.

Judicial power is limited to the review of the legality of administrative actions and acts, and in no case may it be used as a review of expediency. No judicial ruling shall be passed which restricts the exercise of the executive function in accordance with the forms and principles prescribed by law, which has the quality of an administrative action and act, or which removes discretionary powers.

A justified decision regarding the suspension of execution of an administrative act may be issued, should its implementation result in damages which are difficult or impossible to compensate for and, at the same time, the act would be clearly unlawful.

The law may restrict the issuing of an order on suspension of execution of an administrative act in cases of state of emergency, mobilization and state of war, or on the grounds of national security, public order and public health.

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

C. Establishment of the administration

1. Central administration

ARTICLE 126

In terms of central administrative structure, Turkey is divided into provinces on the basis of geographical situation, economic conditions, and public service requirements; provinces are further divided into lower levels of administrative districts.

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

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

2. Local administrations

ARTICLE 127

Local administrations are public corporate bodies established to meet the common local needs of the inhabitants of provinces, municipal districts and villages, whose principles of constitution and decision-making organs elected by the electorate are determined by law.

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

The elections for local administrations shall be held every five years in accordance with the principles set forth in Article 67. Special administrative arrangements may be introduced by law for larger urban centres.

Loss of status and objections regarding the acquisition of the status of elected organs of local administrations shall be decided by judiciary. However, as a provisional measure until the final court judgment, the Minister of Internal Affairs may remove from office those organs of local administration or their members against whom an investigation or prosecution has been initiated on grounds of offences related to their duties.

The central administration has the power of administrative tutelage over the local administrations in the framework of principles and procedures set forth by law with the objective of ensuring the functioning of local services in conformity with the principle of the integrity of the administration, securing uniform public service, safeguarding the public interest and meeting local needs properly.

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

D. Provisions relating to public servants

1. General principles

ARTICLE 128

The fundamental and permanent functions required by the public services that the State, state economic enterprises and other public corporate bodies assigned to perform in accordance with principles of general administration, shall be carried out by public servants and other public employees.

The qualifications, appointments, duties and powers, rights and responsibilities, salaries and allowances of public servants and other public officials, and other matters related to their status shall be regulated by law. However, provisions on collective agreement concerning financial and social rights are reserved.

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

2. Duties and responsibilities, and guarantees in disciplinary proceedings

ARTICLE 129

Public servants and other public officials are obliged to carry out their duties with loyalty to the Constitution and the laws.

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

Disciplinary decisions shall not be exempt from judicial review.

Provisions concerning the members of the armed forces, judges and prosecutors are reserved.

Compensation suits concerning damages arising from faults committed by public servants and other public officials in the exercise of their duties shall be filed only against the administration in accordance with the procedure and conditions prescribed by law, as long as the compensation is recoursed to them.

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

E. Institutions of higher education and their higher bodies

1. Institutions of higher education

ARTICLE 130

For the purpose of training manpower to meet the needs of the nation and the country under a system of contemporary education principles, universities comprising several units and having scientific autonomy and public legal personality shall be established by the State and by law, to educate at different levels based on secondary education, to conduct research, to issue publications, to act as consultants, and to serve the country and humanity.

Institutions of higher education may be established, under the supervision and control of the State, by foundations in accordance with the procedures and principles set forth in the law as long as they do not pursue profit.

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

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

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

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

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

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

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

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

2. Superior bodies of higher education

ARTICLE 131

The Council of Higher Education shall be established to plan, organize, administer, and supervise education provided by institutions of higher education, to orient teaching activities, education and scientific research, to ensure the establishment and development of these institutions in conformity with the objectives and principles set forth by law, to ensure the effective use of the resources allotted to the universities, and to plan for the training of the teaching staff.

The Council of Higher Education is composed of members appointed by the President of the Republic from among candidates who are nominated by universities, and in accordance with the numbers, qualifications and election procedures prescribed by law, priority being given to those who have served successfully as faculty members or university presidents, and of members directly appointed by the President of the Republic.

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

3. Institutions of higher education subject to special provisions

ARTICLE 132

Institutions of higher education attached to the Turkish Armed Forces and to the national police organization are subject to the provisions of their respective special laws.

F. Radio and Television Supreme Council, institutions of radio and television, and public affiliated news agencies

ARTICLE 133

Radio and television stations shall be established and operated freely in conformity with rules to be determined by law.

The Radio and Television Supreme Council, established for the purpose of regulation and supervision of radio and television activities, is composed of nine members. The members are elected, on the basis of number of members allocated to each political party group, by the Plenary of the Grand National Assembly of Turkey from among the candidates, twice the number of which is nominated by political party groups in proportion to their number of members. The formation, duties and powers of the Radio and Television Supreme Council, and qualifications, election procedures and term of office of its members shall be regulated by law.

The unique radio and television institution established by the State as a public corporate body and the news agencies which receive aid from public corporate bodies shall be autonomous and their broadcasts shall be impartial.

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

ARTICLE 134

The “Atatürk High Institution of Culture, Language and History” shall be established as a public corporate body, under the moral aegis of Atatürk, under the supervision of and with the support of the President of the Republic, attached to the Minister to be assigned by the President of the Republic, and composed of the Atatürk Research Centre, the Turkish Language Institution, the Turkish History Institution and the Atatürk Culture Centre, in order to conduct scientific research, to produce publications and to disseminate information on the thought, principles and reforms of Atatürk, Turkish culture, Turkish history and the Turkish language.

The financial interests bequeathed by Atatürk in his will to the Turkish Language Institution and Turkish History Institution are reserved and shall be allocated to them accordingly.

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

H. Professional organizations having the characteristics of public institutions

ARTICLE 135

Professional organizations having the characteristics of public institutions and their higher bodies are public corporate bodies established by law, with the objectives of meeting the common needs of the members of a given profession, to facilitate their professional activities, to ensure the development of the profession in keeping with common interests, to safeguard professional discipline and ethics in order to ensure integrity and trust in relations among its members and with the public; their organs shall be elected by secret ballot by their members in accordance with the procedure set forth in the law, and under judicial supervision.

Persons employed in principal and permanent positions in public institutions, or in state economic enterprises shall not be required to become members of public professional organizations.

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

Political parties shall not nominate candidates in elections for the organs and higher bodies of these professional organizations.

The rules concerning the administrative and financial supervision of these professional organizations by the State shall be prescribed by law.

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

However, where it is required for and delay constitutes a prejudice to national security, public order, prevention of commission or continuation of a crime, or an arrest, an authority may be vested with power by law to suspend the professional organizations and their higher bodies from activity. The decision of this authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his/her decision within forty-eight hours; otherwise, this administrative decision shall be annulled automatically.

I. Presidency of Religious Affairs

ARTICLE 136

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

J. Unlawful order

ARTICLE 137

If a person employed in any position or status in public services finds an order given by his/her superior to be contrary to the provisions of by-laws, presidential decrees, laws, or the Constitution, he/she shall not carry it out, and shall inform the person giving the order of this inconsistency. However, if his/her superior insists on the order and renews it in writing, his/her order shall be executed; in this case the person executing the order shall not be held responsible.

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

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

CHAPTER THREE. Judicial Power

I. General provisions

A. Independence of the courts

ARTICLE 138

Judges shall be independent in the discharge of their duties; they shall give judgment in accordance with the Constitution, laws, and their personal conviction conforming with the law.

No organ, authority, office or individual may give orders or instructions to courts or judges relating to the exercise of judicial power, send them circulars, or make recommendations or suggestions.

No questions shall be asked, debates held, or statements made in the Legislative Assembly relating to the exercise of judicial power concerning a case under trial.

Legislative and executive organs and the administration shall comply with court decisions; these organs and the administration shall neither alter them in any respect, nor delay their execution.

B. Security of tenure of judges and public prosecutors

ARTICLE 139

Judges and public prosecutors shall not be dismissed, or unless they request, shall not be retired before the age prescribed by the Constitution; nor shall they be deprived of their salaries, allowances or other rights relating to their status, even as a result of the abolition of a court or a post.

Exceptions indicated in law relating to those convicted for an offence requiring dismissal from the profession, those who are definitely established as unable to perform their duties because of ill-health, or those determined as unsuitable to remain in the profession, are reserved.

C. Judges and public prosecutors

ARTICLE 140

Judges and public prosecutors shall serve as judges and public prosecutors of civil and administrative judiciary. These duties shall be carried out by professional judges and public prosecutors.

Judges shall discharge their duties in accordance with the principles of the independence of the courts and the security of the tenure of judges.

The qualifications, appointment, rights and duties, salaries and allowances of judges and public prosecutors, their promotion, temporary or permanent change in their posts or place of duties, the initiation of disciplinary proceedings against them and the imposition of disciplinary penalties, the conduct of investigation concerning them and the subsequent decision to prosecute them on account of offences committed in connection with, or in the course of, their duties, the conviction for offences or instances of incompetence requiring their dismissal from the profession, their in-service training, and other matters relating to their personnel status shall be regulated by law in accordance with the principles of the independence of the courts and the security of tenure of judges.

Judges and public prosecutors shall serve until they are over the age of sixty-five. The mandatory retirement age, promotion and retirement of military judges shall be prescribed by law.

Judges and public prosecutors shall not assume any official or private occupation other than those prescribed by law.

Judges and public prosecutors shall be attached to the Ministry of Justice with respect to their administrative functions.

Those judges and public prosecutors working in administrative posts of judicial services shall be subject to the same provisions as other judges and public prosecutors. Their categories and grades shall be determined according to the principles applying to judges and public prosecutors, and they shall enjoy all the rights accorded to judges and public prosecutors.

D. Publicity of hearings and the necessity of justification for verdicts

ARTICLE 141

Court hearings shall be open to the public. It may be decided to conduct all or a part of a hearing in a closed session, but only in cases where absolutely necessitated by public morals or public security.

Special provisions regarding the trial of minors shall be laid down in the law.

The decisions of all courts shall be written with a justification.

It is the duty of the judiciary to conclude trials as quickly as possible and at minimum cost.

E. Formation of courts

ARTICLE 142

The formation, duties and powers, functioning and trial procedures of the courts shall be regulated by law.

No military courts shall be formed other than disciplinary courts. However, in state of war, military courts may be formed with jurisdiction to try offences committed by military personnel related to their duties.

F. State Security Courts

ARTICLE 143

(Repealed on May 7, 2004; Act No. 5170)

G. Supervision of judicial services

ARTICLE 144

Supervision of judicial services and public prosecutors with regard to their administrative duties shall be carried out by the Ministry of Justice through judiciary inspectors and internal auditors who are from the profession of judge and public prosecutor, and inquiry, inspection and investigation proceedings through judiciary inspectors. Relating procedures and principles shall be regulated by law.

H. Military justice

ARTICLE 145

(Repealed on January 21, 2017; Act No. 6771)

II. Higher courts

A. Constitutional Court

1. Formation

ARTICLE 146

The Constitutional Court shall be composed of fifteen members.

The Grand National Assembly of Turkey shall elect, by secret ballot, two members from among three candidates to be nominated by and from among the president and members of the Court of Accounts, for each vacant position, and one member from among three candidates nominated by the heads of the bar associations from among self-employed lawyers. In this election to be held in the Grand National Assembly of Turkey, for each vacant position, two thirds majority of the total number of members shall be required for the first ballot, and absolute majority of total number of members shall be required for the second ballot. If an absolute majority cannot be obtained in the second ballot, a third ballot shall be held between the two candidates who have received the greatest number of votes in the second ballot; the member who receives the greatest number of votes in the third ballot shall be elected.

The President of the Republic shall appoint three members from the Court of Cassation, two members from Council of State from among three candidates to be nominated, for each vacant position, by their respective general assemblies, from among their presidents and members; three members, at least two of whom being law graduates, from among three candidates to be nominated for each vacant position by the Council of Higher Education from among members of the teaching staff who are not members of the Council, in the fields of law, economics and political sciences; four members from among high level executives, self-employed lawyers, first category judges and public prosecutors or rapporteurs of the Constitutional Court.

In the elections to be held in the respective general assemblies of the Court of Cassation, Council of State, the Court of Accounts and the Council of Higher Education for nominating candidates for membership of the Constitutional Court, three persons obtaining the greatest number of votes shall be considered to be nominated for each vacant position. In the elections to be held for the three candidates nominated by the heads of bar associations from among self-employed lawyers, three persons obtaining the greatest number of votes shall be considered to be nominated.

To qualify for appointments as members of the Constitutional Court, members of the teaching staff shall be required to possess the title of professor or associate professor; lawyers shall be required to have practiced as a lawyer for at least twenty years; high level executives shall be required to have completed higher education and to have worked for at least twenty years in public service, and first category judges and public prosecutors with at least twenty years of work experience including their period of candidacy, provided that they all shall be over the age of forty five.

The Constitutional Court shall elect a president and two deputy presidents from among its members for a term of four years by secret ballot and by an absolute majority of the total number of its members. Those whose term of office ends may be re-elected.

The members of the Constitutional Court shall not assume other official and private duties, apart from their fundamental duties.

2. Term of office of the members and termination of membership

ARTICLE 147

The members of the Constitutional Court shall be elected for a term of twelve years. A member shall not be re-elected. The members of the Constitutional Court shall retire when they are over the age of sixty-five. The appointment of the members to another office whose term of office expires prior to their mandatory age of retirement and matters regarding their personnel status shall be laid down in law.

Membership in the Constitutional Court shall terminate automatically if a member is convicted of an offence requiring his/her dismissal from the judicial profession, and by a decision of an absolute majority of the total number of members of the Constitutional Court if it is definitely established that he/she is unable to perform his/her duties on account of ill-health.

3. Functions and powers

ARTICLE 148

The Constitutional Court shall examine the constitutionality, in respect of both form and substance, of laws, presidential decrees and the Rules of Procedure of the Grand National Assembly of Turkey, and decide on individual applications. Constitutional amendments shall be examined and verified only with regard to their form. However, presidential decrees issued during a state of emergency or in time of war shall not be brought before the Constitutional Court alleging their unconstitutionality as to form or substance.

The verification of laws as to form shall be restricted to consideration of whether the requisite majority was obtained in the last ballot; the verification of constitutional amendments shall be restricted to consideration of whether the requisite majorities were obtained for the proposal and in the ballot, and whether the prohibition on debates under expedited procedure was observed. Verification as to form may be requested by the President of the Republic or by one-fifth of the members of the Grand National Assembly of Turkey. Applications for annulment on the grounds of defect in form shall not be made after ten days have elapsed from the date of promulgation of the law; and it shall not be appealed by other courts to the Constitutional Court on the grounds of defect in form.

Everyone may apply to the Constitutional Court on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the Constitution has been violated by public authorities. In order to make an application, ordinary legal remedies must be exhausted.

In the individual application, judicial review shall not be made on matters required to be taken into account during the process of legal remedies.

Procedures and principles concerning the individual application shall be regulated by law.

The Constitutional Court in its capacity as the Supreme Court shall try, for offences relating to their functions, the President of the Republic, the Speaker of the Grand National Assembly of Turkey, Vice-Presidents of the Republic, Ministers, presidents and members of the Constitutional Court, Court of Cassation, Council of State, Council of Judges and Prosecutors, Court of Accounts, and Chief Public Prosecutors and Deputy Public Prosecutors.

The Chief of General Staff, the commanders of the Land, Naval and Air Forces shall be tried in the Supreme Court for offences regarding their duties.

The Chief Public Prosecutor of the Court of Cassation or Deputy Chief Public Prosecutor of the Court of Cassation shall act as prosecutor in the Supreme Court.

Application for judicial review may be made against the decisions of the Supreme Court. Decisions taken by the General Assembly regarding the application shall be final.

The Constitutional Court shall also perform the other duties given to it by the Constitution.

4. Procedure of functioning and trial

ARTICLE 149

The Constitutional Court consists of two sections and the General Assembly. The sections convene under the chairpersonship of the deputy president with the participation of four members. The General Assembly shall convene with the participation of at least ten members under the chairpersonship of the President of the Constitutional Court or a deputy president designated by the President. The sections and the General Assembly shall take decisions by absolute majority. Committees may be established to examine the admissibility of the individual applications.

The General Assembly shall hear the cases and applications concerning political parties, actions for annulment and objection, and trials where the Constitutional Court acts as the Supreme Court; the sections shall take the decision on individual applications

Annulment of constitutional amendments, dissolution of political parties, or their deprivation from state aid, shall be decided with a two-thirds majority of members attending the meeting.

Applications for annulment on the grounds of defect in form shall be examined and decided with priority by the Constitutional Court.

The formation of the Constitutional Court, trial procedures of the General Assembly and the sections, disciplinary matters of the President, the deputy presidents, and members shall be regulated by law; principles of functioning of the Court, formation of the sections and committees, and the division of labour shall be set out by the internal regulations to be drawn up by the Court.

The Constitutional Court shall examine cases without holding a hearing, except where it acts as the Supreme Court. Nonetheless, it may be decided to hold a hearing for individual applications. When it deems necessary, the Court may also call on those concerned and those having knowledge relevant to the case, to hear their oral explanations, and in lawsuits on dissolution of a political party, the Court shall hear the defence of the chairperson of the political party or of a proxy appointed by the chairperson, after hearing the Chief Public Prosecutor of the Court of Cassation.

5. Annulment action

ARTICLE 150

The President of the Republic, the groups of two political parties which have the highest number of members in the Grand National Assembly of Turkey and a minimum of one-fifth of the total number of members of the Grand National Assembly of Turkey shall have the right to apply for annulment action directly to the Constitutional Court, based on the assertion of the unconstitutionality, in form and in substance, of laws, of presidential decrees, of Rules of Procedure of the Grand National Assembly of Turkey or of certain articles or provisions thereof.

6. Time limit for annulment action

ARTICLE 151

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

7. Claim of unconstitutionality before other courts

ARTICLE 152

If a court hearing a case finds that the law or the presidential decree to be applied is unconstitutional, or if convinced of the seriousness of a claim of unconstitutionality submitted by one of the parties, it shall postpone the consideration of the case until the Constitutional Court decides on the issue.

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

The Constitutional Court shall decide on the matter and declare its judgment within five months of receiving the contention. If no decision is reached within this period, the trial court shall conclude the case under legal provisions in force. However, if the trial court receives the decision of the Constitutional Court until the judgment on the merits of the case is final, the trial court is obliged to comply with it.

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

8. Decisions of the Constitutional Court

ARTICLE 153

The decisions of the Constitutional Court are final. Decisions of annulment shall not be made public without a written justification.

In the course of annulling the whole, or a provision of laws or presidential decrees, the Constitutional Court shall not act as a lawmaker and pass judgment leading to new implementation.

Laws, presidential decrees, or the Rules of Procedure of the Grand National Assembly of Turkey or provisions thereof, shall cease to have effect from the date of publication in the Official Gazette of the annulment decision. Where necessary, the Constitutional Court may also decide on the date on which the annulment decision shall come into effect. That duration shall not 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 shall debate and decide with priority on the private members’ bill, designed to fill the legal void arising from the annulment decision.

Annulment decisions cannot be applied retroactively.

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

B. Court of Cassation

ARTICLE 154

The Court of Cassation is the last instance for reviewing decisions and judgments given by civil courts that are not referred by law to other civil judicial authority. It shall also be the first and last instance court for dealing with specific cases prescribed by law.

Members of the Court of Cassation shall be appointed by the Council of Judges and Prosecutors from among first category judges and public prosecutors of the civil judiciary, or those considered members of this profession, by secret ballot and by an absolute majority of the total number of members.

The First President, first deputy presidents and heads of departments shall be elected by the General Assembly of the Court of Cassation from among its own members, for a term of four years, by secret ballot and by an absolute majority of the total number of members; they may be re-elected at the end of their term of office.

The Chief Public Prosecutor and the Deputy Chief Public Prosecutor of the Court of Cassation shall be appointed by the President of the Republic for a term of four years from among five candidates nominated for each office by the General Assembly of the Court of Cassation from among its own members by secret ballot. They may be re-elected at the end of their term of office.

The organization and the functioning of the Court of Cassation, the qualifications and procedures of the election of its president, deputy presidents, heads of departments, members, Chief Public Prosecutor and Deputy Chief Public Prosecutor shall be regulated by law in accordance with the principles of the independence of courts and the security of tenure of judges.

C. Council of State

ARTICLE 155

The Council of State is the last instance for reviewing decisions and judgments given by administrative courts and not referred by law to other administrative courts. It shall also be the first and last instance for dealing with specific cases prescribed by law.

The Council of State shall try administrative cases, give its opinion within two months on the conditions and the contracts under which concessions are granted concerning public services, settle administrative disputes, and discharge other duties, as prescribed by law.

Three-fourths of the members of the Council of State shall be appointed by the Council of Judges and Prosecutors from among the first category administrative judges and public prosecutors, or those considered to be of this profession; and the remaining quarter by the President of the Republic from among officials meeting the requirements designated by law.

The President, Chief Public Prosecutor, deputy presidents, and heads of departments of the Council of State shall be elected by the General Assembly of the Council of State from among its own members for a term of four years by secret ballot and by an absolute majority of the total number of members. They may be re-elected at the end of their term of office.

The organization and functioning of the Council of State, the qualifications and procedures of election of its President, Chief Public Prosecutor, deputy presidents, heads of departments, and members, shall be regulated by law in accordance with the principles of specific nature of the administrative jurisdiction, and of the independence of the courts and the security of tenure of judges.

D. High Military Court of Appeals

ARTICLE 156

(Repealed on January 21, 2017; Act No. 6771)

E. High Military Administrative Court

ARTICLE 157

(Repealed on January 21, 2017; Act No. 6771)

F. Court of Jurisdictional Disputes

ARTICLE 158

The Court of Jurisdictional Disputes shall be empowered to deliver final judgments in disputes between civil and administrative courts concerning their jurisdiction and judgments.

The organization of the Court of Jurisdictional Disputes, the qualifications and electoral procedure of its members, and its functioning shall be regulated by law. The office of president of this Court shall be held by a member delegated by the Constitutional Court from among its own members.

Decisions of the Constitutional Court shall take precedence in jurisdictional disputes between the Constitutional Court and other courts.

III. Council of Judges and Prosecutors

ARTICLE 159

The Council of Judges and Prosecutors shall be established and shall exercise its functions in accordance with the principles of the independence of the courts and the security of the tenure of judges.

The Council of Judges and Prosecutors shall be composed of thirteen members; shall comprise two chambers.

The President of the Council is the Minister of Justice. The Undersecretary to the Ministry of Justice shall be an ex-officio member of the Council. By the President of the Republic, three members of the Council shall be selected among civil judges and public prosecutors, who are first category judges or prosecutors and who have not lost the qualifications required for being a first category judge or prosecutor, and one member among administrative judges and public prosecutors who are first category judges or prosecutors and who have not lost the qualifications required for being a first category judge or prosecutor; by the Grand National Assembly of Turkey, three members shall be selected from among members of the Court of Cassation, one member shall be selected from among members of the Council of State and three members, the qualifications of whom are defined by law, from among academic members in the field of law of high education institution and lawyers. Among the members elected from academic members and lawyers, at least one shall be an academic member and one shall be a lawyer. The applications for the memberships to be elected by the Grand National Assembly of Turkey shall be made to the Office of the Speaker of the Assembly. The Office of the Speaker conveys the applications to the Joint Committee composed of members of the Committee on Justice and the Committee on Constitution. The Joint Committee shall elect three candidates for each vacancy with a two-thirds majority of total number of members. If the procedure of electing candidates cannot be concluded in the first round, a threefifth majority of total number of members shall be required in the second round. If the candidates cannot be elected in this round as well, the procedure of electing candidates shall be completed by choosing a candidate by lot, for each membership among the two candidates who have received the highest number of votes. The Grand National Assembly of Turkey shall hold a secret ballot election for each candidate the Committee has identified. In the first round a two-thirds majority of total number of members shall be required; in case the election cannot be concluded in this round, in the second round a three-fifth majority of total number of members shall be required. Where the member cannot be elected in the second round as well, the election shall be completed by choosing a candidate by lot among the two candidates who have received the highest number of votes.

Members shall be elected for a four year term. Members may be re-elected, at the end of their term of office.

The election of members to the Council shall be held within thirty days before the expiry of the term of office of the members. In case of vacancies for members selected to the Council prior to the expiry of the term of office, new members shall be appointed within thirty days following the vacancy.

The members of the Council, other than the Minister of Justice and the Undersecretary to the Ministry of Justice, shall not assume any duties other than those prescribed by law or be appointed or elected to another office by the Council during their term of office.

The administration and the representation of the Council are carried out by the President of the Council. The President of the Council shall not participate in the work of the chambers. The Council shall elect the heads of chambers from among its members and one Deputy President from among the heads of chambers. The President may delegate some of his/her powers to the Deputy President.

The Council shall make the proceedings regarding the admission of judges and public prosecutors of civil and administrative courts into the profession, appointment, transfer to other posts, the delegation of temporary powers, promotion, and promotion to the first category, decision concerning those whose continuation in the profession is found to be unsuitable, the imposition of disciplinary penalties and removal from office; it shall take final decisions on proposals by the Ministry of Justice concerning the abolition of a court, or changes in the territorial jurisdiction of a court; it shall also exercise the other functions given to it by the Constitution and laws.

Supervision of judges and public prosecutors with regard to the performance of their duties in accordance with laws and other legislations (administrative circulars, in the case of judges); investigation into whether they have committed offences in connection with, or in the course of their duties, whether their behaviour and conduct are in conformity with requirement of their status and duties and if necessary, inquiries and investigations concerning them shall be carried out by the Council’s inspectors, upon the proposal of the related chambers and with the permission of the President of the High Council of Judges and Prosecutors. The inquiries and investigations may also be carried out by a judge or public prosecutor who is senior to the judge or public prosecutor to be investigated.

The decisions of the Council, other than dismissal from the profession, shall not be subject to judicial review.

A Secretariat General shall be established under the Council. The Secretary General shall be appointed by the President of the Council from among three candidates proposed by the Council from among first category judges and public prosecutors. The Council is empowered to appoint, with their consent, the Council’s inspectors, judges, and public prosecutors to temporary or permanent functions in the Council.

The Minister of Justice is empowered to appoint judges, public prosecutors, judiciary inspectors, and internal auditors from the profession of judge and public prosecutor, with their consent, to temporary or permanent functions in the central, affiliated, or relevant institutions of the Ministry of Justice.

The election of the members of the Council, formation of the chambers and the division of labour between chambers, the duties of the Council and its chambers, quorum for meetings and decisions, operating procedures and principles, objections to be made against the decisions and proceedings of the chambers and the examination procedure for these objections, and the establishment and the duties of the Secretariat General shall be laid down in law.

IV. Court of Accounts

ARTICLE 160

The Court of Accounts shall be charged with auditing, on behalf of the Grand National Assembly of Turkey, revenues, expenditures, and assets of the public administrations financed by central government budget and social security institutions, with taking final decisions on the accounts and acts of the responsible officials, and with exercising the functions prescribed in laws in matters of inquiry, auditing and judgment. Those concerned may file, only for once, a request for reconsideration of a final decision of the Court of Accounts within fifteen days of the date of written notification of the decision. No applications for judicial review of such decisions shall be filed in administrative courts.

In case of conflict between the decisions of the Council of State and the Court of Accounts, regarding taxes, similar financial obligations and duties, the decision of Council of State shall prevail.

Auditing and final decision on the accounts and acts of local administrations shall be conducted by the Court of Accounts.

The establishment, functioning, auditing procedures, qualifications, appointments, duties and powers, rights and obligations and other personnel matters of the members and guarantees of the President and the members of the Court shall be regulated by law.