قانون اساسی ترکیه

خیلی از افراد با قانون اساسی در کشور ترکیه آشنا هستند، ما در این مطلب شما را با قوانین حاکم در کشور ترکیه آشنا خواهیم کرد. مهمترین قانون هر کشورى قانون اساسى آن کشور است. در قانون اساسى اهداف کلان سیاسى و اقتصادى و فرهنگى کشور و میزان پایبندى و علاقه حاکمیت به مشارکت دادن مردم در تعیین سرنوشت کشور روشن می شود و حقوق اساسى ملت، خط مشى کلی دولت، تفکیک قوه ها، اختیارات و وظایف هر یک از قوه ها، نحوه‌ی اداره امور کشور، امور اساسى مربوط به قوه‌ی قضاییه، نیروى انتظامى و نظامى و سایر نهادهاى عمومى در قانون اساسى مشخص می گردد.

اصول قانون اساسی ترکیه

در ترکیه همانند بسیارى از کشورها، براى حفاظت از قانون اساسى و تضمین اجراى دقیق اصول آن نهادى با عنوان دادگاه یا شوراى برای قانون اساسى ترکیه ایجاد می گردد. این نهاد علاوه بر تفسیر اصول قانون اساسى، امر رسیدگى به قوانین مغایر با آن را نیز بر عهده دارد و بدین ترتیب از قانونى که بتواند علی رغم مغایرتش با قانون اساسى وارد مرحله اجرا گردد، جلوگیرى می شود. بنابراین قوانین اساسى در مقایسه با قوانین عادى و آیین نامه ها، از ارزش و اعتبار حقوقى بالاترى برخوردار هستند.

در قانون اساسى ترکیه نیز چنین مطالبی آورده شده است بطوریکه در اصل اول آن از جمهوریت نظام نام می برد. در اصل دوم نیز از احترام به حقوق ملت، ملیت گرایى (ناسیونالیسم) آتاتورک برای آسایش جامعه، همبستگى ملى، عدالت و حکومت دموکراتیک یاد می کند. همچنین در اصل ۶ قانون اساسی ترکیه حاکمیت بی قید و شرط را از آن ملت می داند و ملت نیز آن را از روش های مختلف اعمال می نماید. در اصل ۷ صلاحیت قانون گذارى را متعلق به قوه قانون گذاری، صلاحیت اجرایى را متعلق به قوه مجریه و صلاحیت قضایى را متعلق به قوه قضاییه می داند. در اصل ۹ قانون اساسى کشور ترکیه نیز از تساوى مردم در مقابل قانون (بدون توجه به زبان و مذهب و نژاد و جنسیت و تفکر سیاسى و اعتقاد فلسفى و …) یاد شده است و در اصل ۱۱، موضوع برترى قانون اساسى بر سایر قوانین ذکر شده است. البته در فصل دوم قانون اساسى به حقوق ملت و در فصل سوم به بررسى قوه های قانون گذاری و مجریه و قضائیه پرداخته شده است. از اصول مختلف آن به وضوح می توانیم بفهمیم که نظام آن کشور، پارلمانى است. یعنی، نخست وزیر و وزیران باید از مجلس رأى اعتماد بگیرند و در مقابل آن مسئولیت دارند.

از سایر نکات بارز قانون اساسى ترکیه می توان به موارد زیر اشاره نمود:

اعطاء بیشترین اختیارات به دادگاه قانون اساسى و شوراى دولتى، واگذارى امر اصلاح و تغییر قانون اساسى به مجلس، پیش بینى شرایط و حالت های فوق العاده و حکومت نظامى، اعطا اختیار به هیأت وزیران براى صدور مصوبه هاى در حکم قانون، افزایش اختیارات رئیس جمهور با حذف نخست وزیری ، رای مستقیم شهروندان به رئیس جمهور، امکان برگزیده شدن دوباره رئیس حداکثر برای یکبار دیگر، تغییر ناپذیرى پایتخت کشور، اختیارات ویژه شوراى امنیت ملى که دخالت ارتش در سیاست نیز از این طریق اعمال می شود، امکان سلب تابعیت با حکم محکمه، تغییر ناپذیرى اصل لائیسم و … می باشد. همچنین بر اساس قانون اساسی ترکیه، توهین به شخصیت آتاتورک جرم محسوب می‌شود. از طرفی قانون اساسی ترکیه به این مورد اشاره می کند که رئیس‌جمهور باید بالای ۴۰ سال، دارای مدرک عالی دانشگاهی با گذراندن دوره‌ تحصیلی دست‌کم ۴ ساله نیز باشد.

اصول کلى در قانون اساسی در کشور ترکیه

۱.شکل حکومت:

اصل۱ . نظام حکومتى ترکیه جمهورى است.

۲.ویژگیهاى جمهوریت:

اصل ۲. جمهورى ترکیه، در قالب آرامش جامعه، همبستگى ملى و درک عدالت،حرمت گذار به حقوق انسان، وابسته به ملى گرایی آتاترک، متکى به مبادى اساسى ذکرشده در مقدمه، یک دولت حقوق با ویژگیه اى دمکراتیک، الئیک و سوسیال است.

۳.تمامیت حکومت، زبان رسمى، پرچم، سرود ملى و پایتخت در قانون اساسی ترکیه:

اصل ۳ .حکومت ترکیه یک تمامیت غیرقابل تجزیه با کشور و ملت است. زبان ترکیه ترکى است.پرچم آن به رنگ قرمز با هالل ماه سفیدرنگ و داراى ستاره است.سرود ملى آن “مارش استقالل” وپایتختش آنکاراست.

۴.اصول غیرقابل تغییر:

اصل ۴ .موارد مندرج در اصول ۱ و ۲ و ۳ که در مورد شکل حکومت، ویژگی هاى جمهوریت و… مى باشند غیرقابل تغییرند و نمى توان براى اصالح آنها پیشنهاد داد.

۵.اهداف و وظایف اساسى حکومت:

اصل ۵. اهداف و وظایف اساسى حکومت شامل موارد ذیل مى باشند: حفاظت از استقالل ، تمامیت ملت ، کشور ،جمهوریت و دمکراسى؛ رفاه اشخاص و جامعه؛ تأمین آرامش ، آسایش و سعادت اجتماع؛ رفع موانع سیاسى، اقتصادى و اجتماعى محدودکننده حقوق اساسى و آزادی ها و عوامل ناسازگار با قواعد عدالت و حقوق اجتماعى حکومت؛ اهتمام به فراهم کردن شرایط الزم براى توسعه و رشد مادى و معنوى انسان.

۶.حاکمیت در قانونی اساسی ترکیه معنایی ندارد:

اصل ۶. حاکمیت بدون قید و شرط با ملت است. اما ملت حاکمیت خود را مطابق اصول قانون اساسى از طریق نهادهاى صالح انجام مى دهد. اعمال حاکمیت به هیچ شخص، گروه و صنفى واگذار نمى شود و هیچ شخص یا نهادى نمىتواند بدون رعایت اصول قانون اساسى دولت تشکیل دهد.

۷.صالحیت قانونگذارى در قانون اساسی ترکیه:

اصل۷ . صالحیت قانونگذارى بر عهده مجلس ملت بزرگ ترکیه است. این صالحیت غیرقابل تغییر است.

۸.صالحیت اجرایى:

اصل ۸ .صالحیت و وظیفه اجرایى کشور برعهده رئیس جمهور و هیئت وزیران است. آنها این صالحیت را مطابق با قانون اساسى وقوانین عادى کشور اعمال مى کنند.

۹.صالحیت قضایى:

اصل ۹. صالحیت قضایى بر عهده محاکم مستقل و بی طرف است که به نام ملت ترک انجام مى دهند.

۱۰.تفوق و برترى قانون اساسى:

اصل ۱۰ .افراد صرف نظراز زبان، نژاد، رنگ، جنسیت، اندیشه سیاسى، اعتقاد فلسفى، دین ، مذهب و… در مقابل قانون برابرند و هیچ فرد، خانواده، گروه و صنفى درقبال قانون از امتیاز خاصى برخوردار نمى باشد. اصالح شد در:۲۳(/۲/۲۰۰۸-۱/۵۷۳۵ )نهاد های دولتی و مقامات اداری مکلفند در کلیه امور وبرای بهره مندی از هرنوع

خدمت عمومی طبق قانون و با رعایت اصول برابری عمل نمایند.

)اضافه شد در :۷/۵/۲۰۰۴-۱/۵۱۷۰)زنان و مردان از حقوق برابر برخوردارند. دولت موظف است این برابری را با تصویب قانون تامین نماید.

۱۱.محاکمه اداری در قانون اساسی ترکیه:

اصل۱۱. اصول قانون اساسى بر قواى مقننه، مجریه و قضائیه، محاکم ادارى و دیگر تشکیلات و اشخاص حاکم است. هیچ قانونى نمى تواند مغایر قانون اساسى باشد.

{ Adopted in: 1982 }
{ ICL Document Status: Dec 2002 }

‎‎‎

{ Editor”s Note:
The ICL edition is based on the text published by the Ministry of Foreign
Affairs. ‎‎‎ At least some amendments have been considered for that text٫ but
the document does not state if all amendments until 2004 have been
incorporated. ‎‎‎ However٫ a different translation (reflecting the same
changes) has been published as a consolidated document up to and including the
major amendment of 17 Oct 2001 as well as a provisional article of 27 Dec 2002
on the Parliament Server. ‎‎‎ Therefore٫ we use Dec 2002 as the current status
date. ‎‎‎ Paragraph numbers٫ cross-references and article titles have been
added for the purpose of this edition. ‎‎‎ The article titles have been taken
from the titles preceding those articles in the text officially published by
the Minstry;‎‎‎ therefore٫ we have not added square brackets. }

‎‎‎
Preamble
In line with the concept of nationalism outlined and the reforms and principles
introduced by the founder of the Republic of Turkey٫ Atatürk٫ the immortal
leader and the unrivaled hero٫ this Constitution٫ which affirms the eternal
existence of the Turkish nation and motherland and the indivisible unity of the
Turkish State٫ embodies;‎‎‎
The determination to safeguard the everlasting existence٫ prosperity and
material and spiritual well-being of the Republic of Turkey and to attain the
standards of contemporary civilization as an honourable member with equal
rights of the family of world nations;‎‎‎
The understanding of the absolute supremacy of the will of nation and of the
fact that sovereignty is vested fully and unconditionally in the Turkish nation
and that no individual or body empowered to exercise this sovereignty in the
name of the nation shall deviate from liberal democracy and the legal system
instituted according to its requirements;‎‎‎
The principle of the separation of powers٫ which does not imply an order of
precedence among the organs of State but refers solely to the exercising of
certain State powers and disc‎harrrging duties٫ which are limited to
cooperation and division of functions٫ and which accepts the supremacy of the
Constitution and the law;‎‎‎
The recognition that no protection shall be afforded to thoughts or opinions
contrary to Turkish national interests٫ the principle of the indivisibility of
the existence of Turkey with its State and territory٫ Turkish historical and
moral values or the nationalism٫ principles٫ reforms and modernism of Atatürk
and that٫ as required by the principle of secularism٫ there shall be no
interference whatsoever of the sacred religious feelings in State affairs and
politics;‎‎‎
The understanding that it is the birthright of every Turkish citizen to lead an
honourable life and to develop his material and spiritual resources under the
aegis of national culture٫ civilization and the rule of law٫ through the
exercise of the fundamental rights and freedoms set forth in this Constitution
in conformity with the requirements of equality and social justice;‎‎‎
The recognition that all Turkish citizens are united in national honour and
pride٫ in national joy and grief٫ in their rights and duties towards their
existence as a nation٫ in blessings and in burdens٫ and in every manifestation
of national life٫ and that they have the right to demand a peaceful life based
on absolute respect for one another”s rights and freedoms٫ mutual love and
fellowship and the desire for٫ and belief in٫ “peace at home٫ peace in the
world”;‎‎‎
This Constitution٫ which is to be understood to embody the ideas٫ beliefs٫ and
resolutions set forth below should be interpreted and implemented accordingly
commanding respect for٫ and absolute loyalty to٫ its letter and spirit٫
Is entrusted for safekeeping by the Turkish nation to the patriotism and
nationalism of its democracy-loving sons and daughters.
‎‎‎

Part One -‎–‎- General Principles
‎‎‎
Article 1 ‎‎‎ Form of State
The Turkish State is a Republic.
‎‎‎
Article 2 c‎harrracteristics of the Republic
The Republic of Turkey is a democratic٫ secular and social State governed by
the rule of law;‎‎‎ bearing in mind the concepts of public peace٫ national
solidarity and justice;‎‎‎ respecting human rights;‎‎‎ loyal to the nationalism
of Atatürk٫ and based on the fundamental tenets set forth in the Preamble.
‎‎‎
Article 3 ‎‎‎ Integrity of the State٫ Official Language٫ Flag٫ National Anthem٫
and Capital
(۱) The Turkish State٫ with its territory and nation٫ is an indivisible entity.
Its language is Turkish.
(۲) Its flag٫ the form of which is prescribed by the relevant law٫ is composed
of a white crescent and star on a red background.
(۳) Its national anthem is the “Independence March”.
(۴) Its capital is Ankara.
‎‎‎
Article 4 ‎‎‎ Irrevocable Provisions
The provision of Article 1 of the Constitution establishing the form of the
State as a Republic٫ the provisions in Article 2 on the c‎harrracteristics of
the Republic٫ and the provision of Article 3 shall not be amended٫ nor shall
their amendment be proposed.
‎‎‎
Article 5 Fundamental Aims and Duties of the State
The fundamental aims and duties of the State are;‎‎‎ to safeguard the
independence and integrity of the Turkish Nation٫ the indivisibility of the
country٫ the Republic and democracy;‎‎‎ to ensure the welfare٫ peace٫ and
happiness of the individual and society;‎‎‎ to strive for the removal of
political٫ social and economic obstacles which restrict the fundamental rights
and freedoms of the individual in a manner incompatible with the principles of
justice and of the social State governed by the rule of law;‎‎‎ and to provide
the conditions required for the development of the individual”s material and
spiritual existence.
‎‎‎
Article 6 ‎‎‎ Sovereignty
(۱) Sovereignty is vested in the nation without reservation or condition.
(۲) The Turkish Nation shall exercise its sovereignty through the authorised
organs as prescribed by the principles laid down in the Constitution.
(۳) The right to exercise sovereignty shall not be delegated to any individual٫
group or class. ‎‎‎ No person or agency shall exercise any State authority
which does not emanate from the Constitution.
‎‎‎
Article 7 ‎‎‎ Legislative Power
Legislative power is vested in the Turkish Grand National Assembly on behalf of
the Turkish Nation. This power cannot be delegated.
‎‎‎
Article 8 ‎‎‎ e‎xecccutive Power and Function
e‎xecccutive power and function shall be exercised and carried out by the
President of the Republic and the Council of Ministers in conformity with the
Constitution and the law.
‎‎‎
Article 9 ‎‎‎ Judicial Power
Judicial power shall be exercised by independent courts on behalf of the
Turkish Nation.
‎‎‎
Article 10 ‎‎‎ Equality Before the Law
(۱) All individuals are equal without any discrimination before the law٫
irrespective of language٫ race٫ colour٫ sex٫ political opinion٫ philosophical
belief٫ religion and sect٫ or any such considerations.
(۲) No privilege shall be granted to any individual٫ family٫ group or class.
(۳) State organs and administrative authorities shall act in compliance with
the principle of equality before the law in all their proceedings.
‎‎‎
Article 11 ‎‎‎ Supremacy and Binding Force of the Constitution
(۱) The provisions of the Constitution are fundamental legal rules binding upon
legislative٫ e‎xecccutive and judicial organs٫ and administrative authorities
and other agencies and individuals.
(۲) Laws shall not be in conflict with the Constitution.
‎‎‎

Part Two -‎–‎- Fundamental Rights and Duties
‎‎‎

Chapter One -‎–‎- General Provisions
‎‎‎
Article 12 ‎‎‎ Nature of Fundamental Rights and Freedoms
(۱) Everyone possesses inherent fundamental rights and freedoms which are
inviolable and inalienable.
(۲) The fundamental rights and freedoms also include the duties and
responsibilities of the individual towards society٫ his family٫ and other
individuals.
‎‎‎
Article 13 ‎‎‎ Restriction of Fundamental Rights and Freedoms
(۱) Fundamental rights and freedoms may be restricted by law٫ in conformity
with the letter and spirit of the Constitution٫ with the aim of safeguarding
the indivisible integrity of the State with its territory and nation٫ national
sovereignty٫ the Republic٫ national security٫ public order٫ general peace٫ the
public interest٫ public morals and public health٫ and also for specific reasons
set forth in the relevant Articles of the Constitution.
(۲) General and specific grounds for restrictions of fundamental rights and
freedoms shall not conflict with the requirements of the democratic order of
society and shall not be imposed for any purpose other than those for which
they are prescribed.
(۳) The general grounds for restriction set forth in this article shall apply
for all fundamental rights and freedoms.
‎‎‎
Article 14 ‎‎‎ Prohibition of Abuse of Fundamental Rights and Freedoms
(۱) None of the rights and freedoms embodied in the Constitution shall be
exercised with the aim of violating the indivisible integrity of the State with
its territory and nation٫ of endangering the existence of the Turkish State and
Republic٫ of destroying fundamental rights and freedoms٫ of placing the
government of the State under the control of an individual or a group of
people٫ or establishing the hegemony of one social class over others٫ or
creating discrimination on the basis of language٫ race٫ religion or sect٫ or of
establishing by any other means a system of government based on these concepts
and ideas.
(۲) The sanctions to be applied against those who violate these prohibitions٫
and those who incite and provoke others to the same end shall be determined by
law.
(۳) No provision of this Constitution shall be interpreted in a manner that
would grant the right of destroying the rights and freedoms embodied in the
Constitution.
‎‎‎
Article 15 ‎‎‎ Suspension of the Exercise of Fundamental Rights and Freedoms
(۱) In times of war٫ mobilisation٫ martial law٫ or state of emergency٫ the
exercise of fundamental rights and freedoms can be partially or entirely
suspended٫ or measures may be taken٫ to the extent required by the exigencies
of the situation٫ which derogate the guarantees embodied in the Constitution٫
provided that obligations under international law are not violated.
(۲) Even under the circumstances indicated in the first paragraph٫ the
individual”s right to life٫ and the integrity of his material and spiritual
entity shall be inviolable except where the death sentence has been decided
upon;‎‎‎ no one may be compelled to reveal his religion٫ conscience٫ thought or
opinion٫ nor be accused on account of them;‎‎‎ offences and penalties may not
be made retroactive٫ nor may anyone be held guilty until so proven by a court
judgment.
‎‎‎
Article 16 ‎‎‎ Status of Aliens
The fundamental rights and freedoms of aliens may be restricted by law in a
manner consistent with international law.
‎‎‎

Chapter Two -‎–‎- The Rights and Duties of the Individual
‎‎‎
Article 17 ‎‎‎ Personal Inviolability٫ Material and Spiritual Entity of the
individual
(۱) Everyone has the right to life and the right to protect and develop his
material and spiritual entity.
(۲) The physical integrity of the individual shall not be violated except under
medical necessity and in cases prescribed by law;‎‎‎ he shall not be subject to
scientific or medical experiments without his consent.
(۳) No one shall be subjected to torture or ill-treatment;‎‎‎ no one shall be
subjected to penalties or treatment incompatible with human dignity.
(۴) Cases of carrying out death penalties under court sentences٫ the act of
killing in self-defense٫ occurrences of death as a result of the use of a
weapon permitted by law as a necessary measure in cases of: apprehension٫ or
the e‎xecccution of warrants of arrest٫ the prevention of escape of lawfully
arrested or convicted persons٫ the quelling of a riot or insurrection٫ the
e‎xecccution of the orders of authorized bodies during martial law or state of
emergency are outside of the provision of paragraph 1.
‎‎‎
Article 18 ‎‎‎ Prohibition of Forced Labour
(۱) No one shall be required to perform forced labour. Unpaid compulsory work
is prohibited.
(۲) The term forced labour does not include work required of an individual
while serving a court sentence or under detention٫ services required from
citizens during a state of emergency٫ and physical or intellectual work
necessitated by the requirements of the country as a civic obligation٫ provided
that the form and conditions of such labour are prescribed by law.
‎‎‎
Article 19 ‎‎‎ Personal Liberty and Security
(۱) Everyone has the right to liberty and security of person.
(۲) No one shall be deprived of his liberty except in the following cases where
procedure and conditions are prescribed by law: e‎xecccution of sentences
restricting liberty and the implementation of security measures decided by
court order or as a result of an obligation upon him designated by law;‎‎‎
e‎xecccution of an order for the purpose of the educational supervision of a
minor or for bringing him before the competent authority;‎‎‎ e‎xecccution of
measures taken in conformity with the relevant legal provision for the
treatment٫ education or correction in institutions of a person of unsound mind٫
an alcoholic or drug addict or vagrant or a person spreading contagious
diseases٫ when such persons constitute a danger to the public٫ apprehension or
detention of a person who enters or attempts to enter illegally into the
country or concerning whom a deportation or extradition order has been issued.
(۳) Individuals against whom there are strong indications of h‎avinggg
committed an offence can be arrested by decision of a judge solely for the
purposes of preventing escape٫ or preventing the destruction or alteration of
evidence as well as in similar other circumstances which necessitate detention
and are prescribed by law. Apprehension of a person without a decision by a
judge shall be resorted to only in cases when a person is caught in the act of
committing an offence or in cases where delay is likely to thwart justice;‎‎‎
the conditions for such apprehension shall be defined by law.
(۴) Individuals arrested or detained shall be promptly notified٫ and in all
cases in writing٫ or orally٫ when the former is not possible٫ of the grounds
for their arrest or detention and the c‎harrrges against them;‎‎‎ in cases of
offences committed collectively this notification shall be made٫ at the latest٫
before the individual is brought before a judge.
(۵) The person arrested or detained shall be brought before a judge within
forty-eight hours and within fifteen days in the case of offences committed
collectively٫ excluding the time taken to send him to the court nearest to the
place of arrest. No one can be deprived of his liberty without the decision of
a judge after the expiry of the above specified periods. These periods may be
extended during a state of emergency٫ under martial law or in time of war.
(۶) Notification of the situation of the person arrested or detained shall be
made to the next of kin٫ except in cases of definite necessity pertaining to
the risks of revealing the scope and subject of the investigation compelling
otherwise.
(۷) Persons under detention shall have the right to request to be tried within
a reasonable time or to be released during investigation or prosecution.
Release may be made conditional to the presentation of an appropriate guarantee
with a view to securing the presence of the person at the trial proceedings and
the e‎xecccution of the court sentence.
(۸) Persons deprived of their liberty under any circumstances are entitled to
apply to the appropriate judicial authority for speedy conclusion of
proceedings regarding their situation and for their release if the restriction
placed upon them is not lawful.
(۹) Damages suffered by persons subjected to treatment contrary to the above
provisions shall be compensated for according to law٫ by the State.
‎‎‎
Article 20 ‎‎‎ Privacy of the Individual”s Life
(۱) Everyone has the right to demand respect for his private and family life.
Privacy of individual and family life cannot be violated. exceptions
necessitated by judiciary investigation and prosecution are reserved.
(۲) Unless there exists a decision duly passed by a judge in cases explicitly
defined by law٫ and unless there exists an order of an agency authorised by law
in cases where delay is deemed prejudicial٫ neither the person nor the private
papers٫ nor belongings of an individual shall be searched nor shall they be
seized.
‎‎‎
Article 21 ‎‎‎ Inviolability of Domicile
(۱) The domicile of an individual shall not be violated.
(۲) Unless there exists a decision duly passed by a judge in cases explicitly
defined by law٫ and unless there exists an order of an agency authorised by law
in cases where delay is deemed prejudicial٫ no domicile may be entered or
searched٫ or the property therein seized.
‎‎‎
Article 22 ‎‎‎ Freedom of Communication
(۱) Everyone has the right to freedom of communication.
(۲) Secrecy of communication is fundamental.
(۳) Communication shall not be impeded nor its secrecy be violated٫ unless
there exists a decision duly passed by a judge in cases explicitly defined by
law٫ and unless there exists an order of an agency authorised by law in cases
where delay is deemed prejudicial.
(۴) Public establishments or institutions where exceptions to the above may be
applied will be defined by law.
‎‎‎
Article 23 ‎‎‎ Freedom of Residence and Movement
(۱) Everyone has the right to freedom of residence and movement.
(۲) Freedom of residence may be restricted by law for the purpose of preventing
offences٫ promoting social and economic development٫ ensuring sound and orderly
urban growth٫ and protecting public property;‎‎‎ freedom of movement may be
restricted by law for the purpose of investigation and prosecution of an
offence٫ and prevention of offences. A citizen”s freedom to leave the
country may be restricted on account of the national economic situation٫ civic
obligations٫ or criminal investigation or prosecution.
(۳) Citizens may not be deported٫ or deprived of their right of entry into
their homeland.
‎‎‎
Article 24 ‎‎‎ Freedom of Religion and Conscience
(۱) Everyone has the right to freedom of conscience٫ religious belief and
conviction.
(۲) Acts of worship٫ religious services٫ and ceremonies shall be conducted
freely٫ provided that they do not violate the provisions of Article 14.
(۳) No one shall be compelled to worship٫ or to participate in religious
ceremonies and rites٫ to reveal religious beliefs and convictions٫ or be blamed
or accused because of his religious beliefs and convictions.
(۴) Education and instruction in religion and ethics shall be conducted under
State supervision and control. Instruction in religious culture and moral
education shall be compulsory in the curricula of primary and secondary
schools. Other religious education and instruction shall be subject to the
individual”s own desire٫ and in the case of minors٫ to the request of their
legal representatives.
(۵) No one shall be allowed to exploit or abuse religion or religious feelings٫
or things held sacred by religion٫ in any manner whatsoever٫ for the purpose of
personal or political influence٫ or for even partially basing the fundamental٫
social٫ economic٫ political٫ and legal order of the State on religious tenets.
‎‎‎
Article 25 ‎‎‎ Freedom of Thought and Opinion
(۱) Everyone has the right to freedom of thought and opinion.
(۲) No one shall be compelled to reveal his thoughts and opinions for any
reason or purpose٫ nor shall anyone be blamed or accused on account of his
thought and opinions.
‎‎‎
Article 26 ‎‎‎ Freedom of Expression and Dissemination of Thought
(۱) Everyone has the right to express and disseminate his thoughts and opinion
by speech٫ in writing or in pictures or through other media٫ individually or
collectively. This right includes the freedom to receive and impart information
and ideas without interference from official authorities. This provision shall
not preclude subjecting transmission by radio٫ television٫ cinema٫ and similar
means to a system of licencing.
(۲) The exercise of these freedoms may be restricted for the purposes of
preventing crime٫ punishing offenders٫ withholding information duly classified
as a State secret٫ protecting the reputation and rights and the private and
family life of others٫ or protecting professional secrets as prescribed by law٫
or ensuring the proper functioning of the judiciary.
(۳) No language prohibited by law shall be used in the expression and
dissemination of thought. Any written or printed documents٫ phonograph records٫
magnetic or video tapes٫ and other means of expression used in contravention of
this provision shall be seized by a duly issued decision of a judge or٫ in
cases where delay is deemed prejudicial٫ by the competent authority designated
by law. The authority issuing the seizure order shall notify the competent
judge of its decision within twenty-four hours. The judge shall decide on the
matter within three days.
(۴) Provisions regulating the use of means of disseminating information and
ideas shall hot be interpreted as a restriction of freedom of expression and
dissemination unless they prevent the dissemination of information and thought.
‎‎‎
Article 27 ‎‎‎ Freedom of Science and Arts
(۱) Everyone has the right to study and teach freely٫ explain٫ and disseminate
science and arts and to carry out research in these fields.
(۲) The right to disseminate shall not be exercised for the purpose of changing
the provisions of Articles 1٫ ۲ and 3 of this Constitution.
(۳) The provisions of this article shall not preclude regulation by law of the
entry and distribution of foreign publications in the country.
‎‎‎
Article 28 ‎‎‎ Freedom of the Press
(۱) The press is free٫ and shall not be censored. The establishment of a
printing house shall not be subject to prior permission or the deposit of a
financial guarantee.
(۲) Publication shall not be made in any language prohibited by law.
(۳) The State shall take the necessary measures to ensure the freedom of the
press and freedom of information.
(۴) In the limitation of freedom of the press٫ Articles 26 and 27 of the
Constitution are applicable.
(۵) Anyone who writes or prints any news or articles which threaten the
internal or external security of the State or the indivisible integrity of the
State with its territory and nation٫ which tend to incite offence٫ riot or
insurrection٫ or which refer to classified State secrets and anyone who prints
or transmits such news or articles to others for the above purposes٫ shall be
held responsible under the law relevant to these offences. Distribution may be
suspended as a preventive measure by the decision of a judge٫ or in the event
delay is deemed prejudicial٫ by the competent authority designated by law. The
authority suspending distribution shall notify a competent judge of its
decision within twenty-four hours at the latest. The order suspending
distribution shall become null and void unless upheld by a competent judge
within forty-eight hours at the latest.
(۶) No ban shall be placed on the reporting of events٫ except by the decision
of judge issued to ensure proper functioning of the judiciary٫ within the
limits specified by law.
(۷) Periodical and non-periodical publications may be seized by a decision of a
judge in cases of ongoing investigation or prosecution of offences prescribed
by law٫ and٫ in situations where delay could endanger the indivisible integrity
of the State with its territory and nation٫ national security٫ public order or
public morals and for the prevention of offence by order of the competent
authority designated by law. The authority issuing the seizure order shall
notify a competent judge of its decision within twenty-four hours at the
latest. The seizure order shall become null and void unless upheld by the
competent court within forty-eight hours at the latest.
(۸) The general common provisions shall apply when seizure and confiscation of
periodicals and non-periodicals for reasons of criminal investigation and
prosecution take place.
(۹) Periodicals published in Turkey may be temporarily suspended by court
sentence if found guilty of publishing material which contravenes the
indivisible integrity of the State with its territory and nation٫ the
fundamental principles of the Republic٫ national security and public morals.
Any publication which clearly bears the c‎harrracteristics of being a
continuation of a suspended periodical is prohibited;‎‎‎ and shall be seized
following a decision by a competent judge.
‎‎‎
Article 29 ‎‎‎ Right to Publish Periodicals and Non-periodicals
(۱) Publication of periodicals or non-periodicals shall not be subject to prior
authorisation or the deposit of a financial guarantee.
(۲) To publish a periodical it shall suffice to submit the information and
documents prescribed by law to the competent authority designated by law. If
the information and documents submitted are found to be in contravention of
law٫ the competent authority shall apply to the appropriate court for
suspension of publication.
(۳) The publication of periodicals٫ the conditions of publication٫ the
financial resources and rules relevant to the profession of journalism shall be
regulated by law. The law shall not impose any political٫ economic٫ financial٫
and technical conditions٫ obstructing or making difficult the free
dissemination of news٫ thought٫ or beliefs.
(۴) Periodicals shall have equal access to the means and facilities of the
State٫ other public corporate bodies٫ and their agencies.
‎‎‎
Article 30 ‎‎‎ Protection of Printing Facilities
A printing press or its annexes duly established as a publishing house under
law shall not be seized٫ confiscated٫ or barred from operation on the grounds
of being an instrument of crime٫ except in cases where it is convicted of
offences against the indivisible integrity of the State with its territory and
nation٫ against the fundamental principles of the Republic or against national
security.
‎‎‎
Article 31 ‎‎‎ Right to Use Mass Media Other Than the Press Owned by Public
Corporations
(۱) Individuals and political parties have the right to use mass media and
means of communication other than the press owned by public corporations. The
conditions and procedures for such use shall be regulated by law.
(۲) The law shall not impose restrictions preventing the public from receiving
information or forming ideas and opinions through these media٫ or preventing
public opinion from being freely formed٫ on grounds other than the general
restrictions set forth in Article 13.
‎‎‎
Article 32 ‎‎‎ Right of Rectification and Reply
(۱) The right of rectification and reply shall be accorded only in cases where
personal reputation and honour is attacked or in cases of unfounded allegation
and shall be regulated by law.
(۲) If a rectification or reply is not published٫ the judge will decide٫ within
seven days of appeal by the individual involved٫ whether or not this
publication is required.
‎‎‎
Article 33 ‎‎‎ Freedom of Association
(۱) Everyone has the right to form associations without prior permission.
(۲) Submitting the information and documents stipulated by law to the competent
authority designated by law shall suffice to enable an association to be
formed. If the information and documents submitted are found to contravene the
law٫ the competent authority shall apply to the appropriate court for the
suspension of activities or dissolution of the association involved.
(۳) No one shall be compelled to become or remain a member of an association.
The formalities٫ conditions٫ and procedures governing the exercise of freedom
of association shall be prescribed by law.
(۴) Associations may be dissolved or suspended from activity by decision of
judge in cases prescribed by law. In cases where delay endangers national
security or public order and in cases where it is necessary to prevent the
perpetration or the continuation of a crime or to effect apprehension٫ an
authority designated by law may be vested with power to suspend the association
from activity. The decision of this authority shall be submitted for approval
to the judge in c‎harrrge within twenty-four hours. Unless the judge declares a
decision within forty-eight hours٫ this administrative decision shall be
annulled automatically.
(۵) Provisions of the first paragraph shall not prevent the imposition of
restrictions on the rights of armed forces and security forces officials and
civil servants to the extent that the duties of civil servants so require.
(۶) The provisions of this article are also applicable to foundations.
‎‎‎
Article 34 ‎‎‎ Right to Hold Meetings and Demonstration Marches
(۱) Everyone has the right to hold unarmed and peaceful meetings and
demonstration marches without prior permission.
(۲) The competent administrative authority may determine a site and route for
the demonstration march in order to prevent disruption of order in urban life.
(۳) The formalities٫ conditions٫ and procedures governing the exercise of the
right to hold meetings and demonstration marches shall be prescribed by law.
(۴) The competent authority designated by law may prohibit a particular meeting
and demonstration march٫ or postpone it for not more than two months in
situations where there is a strong possibility that disturbances may arise
which would seriously upset public order٫ where the requirement of national
security may be violated٫ or where acts aimed at destroying the fundamental
c‎harrracteristics of the Republic may be committed. In cases where the law
forbids all meetings or demonstration marches in districts of a province for
the same reasons٫ the postponement may not exceed three months.
(۵) Associations٫ foundations٫ labour u‎nionnns٫ and public professional
organisations shall not hold meetings or demonstration marches exceeding their
own scope and aims.
‎‎‎
Article 35 ‎‎‎ Right of Property
(۱) Everyone has the right to own and inherit property.
(۲) These rights may be limited by law only in view of public interest.
(۳) The exercise of the right to own property shall not be in contravention of
the public interest.
‎‎‎
Article 36 ‎‎‎ Freedom to Claim Rights
(۱) Everyone has the right of litigation either as plaintiff or defendant
before the courts through lawful means and procedure.
(۲) No court shall refuse to hear a case within its jurisdiction.
‎‎‎
Article 37 ‎‎‎ Guarantee of Lawful Judgement
(۱) No one may be tried by any judicial authority other than the legally
designated court.
(۲) Extraordinary tribunals with jurisdiction that would in effect remove a
person from the jurisdiction of his legally designated court shall not be
established.
‎‎‎
Article 38 ‎‎‎ Principles Relating to Offences and Penalties
(۱) No one shall be punished for any act which does not constitute a criminal
offence under the law in force at the time committed;‎‎‎ no one shall be given
a heavier penalty for an offence other than the penalty applicable at the time
when the offence was committed.
(۲) The provisions of the above paragraph shall also apply to the statute of
limitations on offences and penalties and one the results of conviction.
(۳) Penalties٫ and security measures in lieu of penalties٫ shall be prescribed
only by law.
(۴) No one shall be held guilty until proven guilty in a court of law.
(۵) No one shall be compelled to make a statement that would incriminate
himself or his legal next of kin٫ or to present such incriminating evidence.
(۶) Criminal responsibility shall be personal.
(۷) General confiscation shall not be imposed as a penalty.
(۸) The Administration shall not impose any sanction resulting in restriction
of personal liberty. Exceptions to this provision may be introduced by law
regarding the internal order of the Armed Forces.
(۹) No citizen shall be extradited to a foreign country on account of an
offence.
‎‎‎
Article 39 ‎‎‎ Right to Prove an Allegation
In libel and defamation suits involving allegations against persons in the
public service in connection with their functions or services٫ the defendant
has the right to prove the allegations. A plea for presenting proof shall not
be granted in any other case unless proof would serve the public interest or
unless the plaintiff consents.
‎‎‎
Article 40 ‎‎‎ Protection of Fundamental Rights and Freedoms
(۱) Everyone whose constitutional rights and freedoms have been violated has
the right to request prompt access to the competent authorities.
(۲) Damages incurred by any person through unlawful treatment by holders of
public office shall be compensated by the State. The State reserves the right
of recourse to the official responsible.
‎‎‎

Chapter Three -‎–‎- Social and Economic Rights and Duties
‎‎‎
Article 41 ‎‎‎ Protection of the Family
(۱) The family is the foundation of Turkish society.
(۲) The State shall take the necessary measures and establish the necessary
organisation to ensure the peace and welfare of the family٫ especially the
protection of the mother and children and for family planning education and
application.
‎‎‎
Article 42 ‎‎‎ Right and Duty of Training and Education
(۱) No one shall be deprived of the right of learning and education.
(۲) The scope of the right to education shall be defined and regulated by law.
(۳) Training and education shall be conducted along the lines of the principles
and reforms of Atatürk٫ on the basis of contemporary science and educational
methods٫ under the supervision and control of the State. Institutions of
training and education contravening these provisions shall not be established.
(۴) The freedom of training and education does not relieve the individual from
loyalty to the Constitution.
(۵) Primary education is compulsory for all citizens of both sexes and is free
of c‎harrrge in State schools.
(۶) The principles governing the functioning of private primary and secondary
schools shall be regulated by law in keeping with the standards set for State
schools.
(۷) The State shall provide scholarships and other means of assistance to
enable students of merit lacking financial means to continue their education.
The State shall take necessary measures to rehabilitate those in need of
special training so as to render such people useful to society.
(۸) Training٫ education٫ research٫ and study are the only activities that shall
be pursued at institutions of training and education. These activities shall
not be obstructed in any way.
(۹) No language other than Turkish shall be taught as a mother tongue to
Turkish citizens at any institutions of training or education. Foreign
languages to be taught in institutions of training and education and the rules
to be followed by schools conducting training and education in a foreign
language shall be determined by law. The provisions of international treaties
are reserved.
‎‎‎
Article 43 ‎‎‎ Utilisation of the Coasts
(۱) The coasts are under the sovereignty and at the disposal of the State.
(۲) In the utilisation of sea coasts٫ lake shores or river banks٫ and of the
coastal strip along the sea and lakes٫ public interest shall be taken into
consideration with priority.
(۳) The width of coasts٫ and coastal strips to be determined according to the
purpose of utilization. and the conditions and possibilities of such
utilization by individuals shall be determined by law.
‎‎‎
Article 44 ‎‎‎ Land Ownership
(۱) The State shall take the necessary measures to maintain and develop
efficient land cultivation٫ to prevent its loss through erosion٫ and to provide
land to farmers with insufficient land of their own٫ or no land. For this
purpose٫ the law may define the size of appropriate land units٫ according to
different agricultural regions and types of farming. Providing of land to
farmers with no or insufficient land shall not lead to a fall in production٫ or
to the depletion of forests and other land and underground resources.
(۲) Lands distributed for this purpose shall neither be divided nor be
transferred to others٫ except through inheritance٫ and shall be cultivated only
by the farmers to whom the lands have been distributed٫ and their heirs. The
principles relating to the recovery by the State of the land thus distributed
in the event of loss of these conditions shall be prescribed by law.
‎‎‎
Article 45 ‎‎‎ Protection of Agriculture٫ Animal Husbandry٫ and Persons Engaged
in These Activities
(۱) The State assists farmers and livestock breeders in acquiring machinery٫
equipment and other inputs in order to prevent improper use and destruction of
agricultural land٫ meadows and pastures and to increase crop and livestock
production in accordance with the principles of agricultural planning.
(۲) The State shall take necessary measures to promote the values of crop and
livestock products٫ and to enable growers and producers to be paid the real
value of their products.
‎‎‎
Article 46 ‎‎‎ Expropriation
(۱) The State and public corporations shall be entitled٫ where the public
interest requires it٫ to expropriate privately owned real estate wholly or in
part or impose administrative servitude on it in accordance with the principles
and procedures prescribed by law٫ provided that compensation is paid in
advance.
(۲) The method and procedure for calculating compensation for expropriation
shall be prescribed by law. In determining the compensation٫ the law shall take
into account tax declarations٫ current value established by official assessment
at the time of expropriation٫ unit prices and construction costs for real
estate٫ and other ob‎jectttive criteria.
(۳) The procedure for taxing and difference between the sum due in compensation
and the value declared in the tax declaration shall be prescribed by law.
(۴) Compensation shall be paid in cash and in advance. However٫ the procedure
to be applied in paying compensation for land expropriated in order to carry
out land reform٫ major energy and irrigation projects٫ and housing and
resettlement schemes and afforestation٫ and to protect the coasts and to build
tourist facilities shall be regulated by law. In the previous cases where the
law may allow payment in installments٫ the payment period shall not exceed five
years;‎‎‎ whence payment shall be made in equal installments and an interest
rate equivalent to the highest interest paid on the public debt shall be paid
for the remainder of installments.
(۵) Compensation for land expropriated from the small farmer who cultivates his
own land shall in all cases be paid in advance.
‎‎‎
Article 47 ‎‎‎ Nationalisation
(۱) Private enterprises performing public service may be nationalised when this
is required by the exigencies of public interest.
(۲) Nationalisation shall be carried out on the basis of real value. The
methods and procedures for calculating real value shall be prescribed by law.
‎‎‎
Article 48 ‎‎‎ Freedom to Work and Conclude Contracts
(۱) Everyone has the freedom to work and conclude contracts in the field of his
choice٫ the establishment of private enterprises is free.
(۲) The State shall take measures to ensure that private enterprises operate in
accordance with national economic requirements and social ob‎jectttives and in
conditions of security and stability.
‎‎‎
Article 49 ‎‎‎ Right and Duty to Work
(۱) Everyone has the right and duty to work.
(۲) The State shall take the necessary measures to raise the standard of living
of workers٫ to protect them in order to improve the general conditions of
labour٫ to promote labour٫ and to c‎reateee suitable economic conditions for
prevention of unemployment.
(۳) The State shall take facilitating and protective measures in order to
secure labour peace in worker-employer relations.
‎‎‎
Article 50 ‎‎‎ Working Conditions and Right to Rest and Leisure
(۱) No one shall be required to perform work unsuited to his age٫ sex٫ and
capacity.
(۲) Minors٫ women and persons with physical or mental disabilities٫ shall enjoy
special protection with regard to working conditions.
(۳) All workers have the right to rest and leisure.
(۴) Rights and conditions relating to paid weekends and holidays٫ together with
paid annual leave٫ shall be regulated by law.
‎‎‎
Article 51 ‎‎‎ Right to Organise Labour u‎nionnns
(۱) Workers and employers have the right to form labour u‎nionnns and
employers” associations and higher organisations٫ without prior permission٫
in order to safeguard and develop their economic and social rights and the
interests of their members in their labour relations.
(۲) In order to form u‎nionnns and their higher bodies٫ it shall suffice to
submit the information and documents prescribed by law to the competent
authority designated by law. If this information and documentation is not in
conformity with law٫ the competent authority shall apply to the appropriate
court for the suspension of activities or the dissolution of the u‎nionnn or
the higher body.
(۳) Everyone shall be free to become a member of or withdraw from membership in
a u‎nionnn.
(۴) No one shall be compelled to become a member٫ remain a member٫ or withdraw
from membership of a u‎nionnn.
(۵) Workers and employers cannot hold concurrent memberships in more than one
labour u‎nionnn or employers” association.
(۶) Employment in a given work-place shall not be made conditional on being٫ or
not being a member of a labour u‎nionnn.
(۷) To become an e‎xecccutive in a labour u‎nionnn or higher organisation٫ it
is a prerequisite that workers should have held the status of a labourer for at
least ten years.
(۸) The status٫ the administration٫ and the functioning of the labour u‎nionnns
and their higher bodies should not be inconsistent with the c‎harrracteristics
of the Republic as defined in the Constitution٫ or with democratic principles.
‎‎‎
Article 52 ‎‎‎ Activities of Labour u‎nionnns
{repealed}
‎‎‎
Article 53 ‎‎‎ Right of Collective Bargaining
(۱) Workers and employers have the right to conclude collective bargaining
agreements in order to regulate reciprocally their economic and social position
and conditions of work.
(۲) The procedure to be followed in concluding collective bargaining agreements
shall be regulated by law.
(۳) The u‎nionnns and their higher organizations٫ which are to be established
by the public employees mentioned in the first paragraph of Article 128 and
which do not fall under the scope of the first and second paragraphs of the
same article and also Article 54٫ may appeal to judicial authorities on behalf
of their members and may hold collective bargaining meetings with the
administration in accordance with their aims. If an agreement is reached as a
result of collective bargaining٫ a text of the agreement will be signed by the
parties. Such text shall be presented to the Council of Ministers so that
administrative or judicial arrangements can be made. If such a text cannot be
concluded by collective bargaining٫ the agreed and disagreed points will also
be submitted for consideration of the Council of Ministers by the relevant
parties. The regulations for the e‎xecccution of this article is stipulated by
law.
(۴) More than one collective bargaining agreement at the same place of work for
the same period shall not be concluded or put into effect.
‎‎‎
Article 54 ‎‎‎ Right to Strike٫ and Lockout
(۱) Workers have the right to strike if a dispute arises during the collective
bargaining process. The procedures and conditions governing the exercise of
this right and the employer”s recourse to a lockout٫ the scope of both
actions٫ and the exceptions to which they are subject shall be regulated by
law.
(۲) The right to strike٫ and lockout shall not be exercised in a manner
contrary to the principle of goodwill to the detriment of society٫ and in a
manner damaging national wealth.
(۳) During a strike٫ the labour u‎nionnn is liable for any material damage
caused in a work-place where the strike is being held٫ as a result of
deliberate negligent behaviour by the workers and the labour u‎nionnn.
(۴) The circumstances and places in which strikes and lockouts may be
prohibited or postponed shall be regulated by law.
(۵) In cases where a strike or a lockout is prohibited or postponed٫ the
dispute shall be settled by the Supreme Arbitration Board at the end of the
period of postponement. The disputing parties may apply to the Supreme
Arbitration Board by mutual agreement at any stage of the dispute.
(۶) The decisions of the Supreme Arbitration Board shall be final and have the
force of a collective bargaining agreement.
(۷) The organisation and functions of the Supreme Arbitration Board shall be
regulated by law.
(۸) Politically motivated strikes and lockouts٫ solidarity strikes and
lockouts٫ occupation of work premises٫ labour go- slows٫ production decreasing٫
and other forms of obstruction are prohibited.
(۹) Those who refuse to go on strike٫ shall in no way be barred from working at
their work-place by strikers.
‎‎‎
Article 55 ‎‎‎ Guarantee of Fair Wage
(۱) Wages shall be paid in return for work.
(۲) The State shall take the necessary measures to ensure that workers earn a
fair wage suitable for the work they perform and that they enjoy other social
benefits.
(۳) In determining the minimum wage٫ the economic and social conditions of the
country shall be taken into account.
‎‎‎
Article 56 ‎‎‎ Health Services and Conservation of the Environment
(۱) Everyone has the right to live in a healthy٫ balanced environment.
(۲) It is the duty of the State and citizens to improve the natural
environment٫ and to prevent environmental pollution.
(۳) To ensure that everyone leads their lives in conditions of physical and
mental health and to secure cooperation in terms of human and material
resources through economy and increased productivity٫ the State shall regulate
central planning and functioning of the health services.
(۴) The State shall fulfill this task by utilizing and supervising the health
and social assistance institutions٫ in both the public and private sectors.
(۵) In order to establish widespread health services general health insurance
may be introduced by law.
‎‎‎
Article 57 ‎‎‎ Right to Housing
The State shall take measures to meet the needs for housing within the
framework of a plan which takes into account the c‎harrracteristics of cities
and environmental conditions and supports community housing projects.
‎‎‎
Article 58 ‎‎‎ Protection of Youth
(۱) The State shall take measures to ensure the training and development of
youth into whose keeping our State٫ independence٫ and our Republic are
entrusted٫ in the light of contemporary science٫ in line with the principles
and reforms of Atatürk٫ and in opposition to ideas aiming at the destruction of
the indivisible integrity of the State with its territory and nation.
(۲) The State shall take necessary measures to protect youth from addiction to
alcohol٫ drug addiction٫ crime٫ gambling٫ and similar vices٫ and ignorance.
‎‎‎
Article 59 ‎‎‎ Development of Sports
(۱) The State shall take measures to develop the physical and mental health of
Turkish citizens of all ages٫ and encourage the spread of sports among the
masses.
(۲) The State shall protect successful athletes.
‎‎‎
Article 60 ‎‎‎ Right to Social Security
(۱) Everyone has the right to social security.
(۲) The State shall take the necessary measures and establish the organisation
for the provision of social security.
‎‎‎
Article 61 ‎‎‎ Persons Requiring Special Protection in the Field of Social
Security
(۱) The State shall protect the widows and orphans of those killed in war and
in the line of duty٫ together with the disabled and war veterans٫ and ensure
that they enjoy a decent standard of living.
(۲) The State shall take measures to protect the disabled and secure their
integration into community life.
(۳) The aged shall be protected by the State. State assistance to the aged٫ and
other rights and benefits shall be regulated by law.
(۴) The State shall take all kinds of measures for social resettlement of
children in need of protection.
(۵) To achieve these aims the State shall establish the necessary organisations
or facilities٫ or arrange for their establishment by other bodies.
‎‎‎
Article 62 ‎‎‎ Turkish Nationals Working Abroad
The State shall take the necessary measures to ensure the family unity٫ the
education of the children٫ the cultural needs٫ and the social security of
Turkish nationals working abroad٫ and shall take the necessary measures to
safeguard their ties with the home country and to help them on their return
home.
‎‎‎
Article 63 ‎‎‎ Conservation of Historical٫ Cultural and Natural Wealth
(۱) The State shall ensure the conservation of the historical٫ cultural and
natural assets and wealth٫ and shall take supportive and promotive measures
towards this end.
(۲) Any limitations to be imposed on such assets and wealth which are privately
owned٫ and the compensation and exemptions to be accorded to the owners of
such٫ as a result of these limitations٫ shall be regulated by law.
‎‎‎
Article 64 ‎‎‎ Protection of Arts and Artists
The State shall protect artistic activities and artists. The State shall take
the necessary measures to protect٫ promote and support works of art and
artists٫ and encourage the spread of appreciation for art.
‎‎‎
Article 65 ‎‎‎ The Extent of Social and Economic Rights
The State shall fulfill its duties as laid down in the Constitution in the
social and economic fields within the limits of its financial resources٫ taking
into consideration the maintenance of economic stability.
‎‎‎

Chapter Four -‎–‎- Political Rights and Duties
‎‎‎
Article 66 ‎‎‎ Turkish Citizenship
(۱) Everyone bound to the Turkish State through the bond of citizenship is a
Turk.
(۲) The child of a Turkish father or a Turkish mother is a Turk. The
citizenship of a child of a foreign father and a Turkish mother shall be
defined by law.
(۳) Citizenship can be acquired under the conditions stipulated by law٫ and
shall be forfeited only in cases determined by law.
(۴) No Turk shall be deprived of citizenship٫ unless he commits an act
incompatible with loyalty to the motherland.
(۵) Recourse to the courts٫ against the decisions and proceedings related to
the deprivation of citizenship٫ shall not be denied.
‎‎‎
Article 67 ‎‎‎ Right to Vote٫ to Be Elected and to Engage in Political Activity
(۱) In conformity with the conditions set forth in the law٫ citizens have the
right to vote٫ to be elected٫ and to engage in political activities
independently or in a political party٫ and to take part in a referendum.
(۲) Elections and referenda shall be held under the direction and supervision
of the judiciary٫ in accordance with the principles of free٫ equal٫ secret٫ and
direct٫ universal suffrage٫ and public counting of the votes. However٫ the
conditions under which the Turkish citizens who are abroad shall be able to
exercise their right to vote٫ are regulated by law.
(۳) All Turkish citizens over 18 years of age shall have the right to vote in
elections and to take part in referenda.
(۴) The exercise of these rights shall be regulated by law.
(۵) Private and corporals serving in the armed services٫ students in military
schools and convicts in penal e‎xecccution institutions cannot vote. The
Supreme Election Council shall determine the measures to be taken to ensure the
safety of the counting of votes when detainees in penal e‎xecccution
institutions or prisons exercise their right to vote;‎‎‎ such voting is done
under the on-site direction and supervision of authorized judge.
(۶) The electoral laws shall be drawn up in such a way as to reconcile the
principles of fair representation and consistency in administration.
‎‎‎
Article 68 ‎‎‎ Forming Parties٫ Membership and Withdrawal From Membership in a
Party
(۱) Citizens have the right to form political parties and in accordance with
the established procedure to join and withdraw from them. One must be over 18
years of age to become a member of a party.
(۲) Political parties are indispensable elements of the democratic political
life.
(۳) Political parties shall be formed without prior permission and shall pursue
their activities in accordance with the provisions set forth in the
Constitution and law.
(۴) The statutes and programmes٫ as well as the activities of political parties
shall not be in conflict with the independence of the State٫ its indivisible
integrity with its territory and nation٫ human rights٫ the principles of
equality and rule of law٫ sovereignty of the nation٫ the principles of the
democratic and secular republic;‎‎‎ they shall not aim to protect or establish
class or group dictatorship or dictatorship of any kind٫ nor shall they incite
citizens to crime.
(۵) Judges and prosecutors٫ members of higher judicial organs including those
of the Court of Accounts٫ civil servants in public institutions and
organizations٫ other public servants who are not considered to be labourers by
virtue of the services they perform٫ members of the armed forces and students
who are not yet in higher education institutions٫ shall not become members of
political parties.
(۶) The membership of the teaching staff at higher education institutions in
political parties is regulated by law. This law can not allow those members to
assume responsibilities outside the central organs of the political parties. It
also sets forth the regulations by which the teaching staff at higher education
institutions shall observe as members of political parties.
(۷) The principles concerning the membership of students at higher education
institutions to political parties are regulated by law.
(۸) The State shall provide the political parties with adequate financial means
in an equitable manner. The financial assistance to be extended to the
political parties٫ as well as procedures related to collection of membership
dues and donations are regulated by law.
‎‎‎
Article 69 ‎‎‎ Principles to be Observed by Political Parties
(۱) The activities٫ internal regulations and operation of political parties
shall be in line with democratic principles. The application of these
principles is regulated by law.
(۲) Political parties shall not engage in commercial activities.
(۳) The income and expenditure of political parties shall be consistent with
their ob‎jectttives. The application of this rule is regulated by law. The
auditing of the income and expenditure and acquisitions of political parties as
well as the establishment of the conformity to law of their revenue and
expenses٫ methods of auditing and sanctions to be applied in the event of
unconformity shall also be regulated by law.
(۴) The Constitutional Court shall be assisted in performing its task of
auditing by the Court of Accounts. The judgments to be rendered by the
Constitutional Court as a result of the auditing shall be final.
(۵) The dissolution of political parties shall be decided finally by the
Constitutional Court after the filling of a suit by the office of the Chief
Public Prosecutor of the Republic.
(۶) The permanent dissolution of a political party shall be decided when it is
established that the statute and programme of the political party violate the
provisions of the fourth paragraph of Article 68.
(۷) The decision to dissolve a political party permanently owing to activities
violating the provisions of the fourth paragraph of Article 68 may be rendered
only when the Constitutional Court determines that the party in question has
become a centre for the e‎xecccution of such activities.
(۸) A party which has been dissolved permanently cannot be founded under
another name.
(۹) The members٫ including the founders٫ of a political party whose acts or
statements have caused the party to be dissolved permanently cannot be
founders٫ members٫ directors or supervisors in any other party for a period of
five years from the date of publication in the official gazette of the
Constitutional Court”s final decision and its justification for permanently
dissolving the party.
(۱۰) Political parties which accept financial assistance from foreign states٫
international institutions and persons and corporate bodies shall be dissolved
permanently.
(۱۱) The foundation and activities of political parties٫ their supervision and
dissolution٫ as well as the election expenditures and procedures of the
political parties and candidates٫ are regulated by law in accordance with the
above- mentioned principles.
‎‎‎
Article 70 ‎‎‎ Entry into the Public Service
(۱) Every Turk has the right to enter the public service.
(۲) No criteria other than the qualifications for the office concerned shall be
taken into consideration for recruitment into the public service.
‎‎‎
Article 71 ‎‎‎ Declaration of Assets
Declaration of assets by persons entering public service٫ and the frequency of
such declaration٫ shall be determined by law. Those serving in the legislative
and e‎xecccutive organs shall not be exempted from this requirement.
‎‎‎
Article 72 ‎‎‎ National Service
National service is the right and duty of every Turk. The manner in which this
service shall be performed٫ or considered as performed٫ either in the Armed
Forces or in the public service shall be regulated by law.
‎‎‎
Article 73 ‎‎‎ Obligation to Pay Taxes
(۱) Everyone is under the obligation to pay taxes according to his financial
resources٫ in order to meet public expenditures.
(۲) An equitable and balanced distribution of the tax burden is the social
ob‎jectttive of fiscal policy.
(۳) Taxes٫ fees٫ duties٫ and other such financial impositions shall be imposed٫
amended٫ or revoked by law.
(۴) The Council of Ministers may be empowered to amend the percentages of
exemption٫ exceptions and reductions in taxes٫ fees٫ duties and other such
financial impositions٫ within the minimum and maximum limits prescribed by law.
‎‎‎
Article 74 ‎‎‎ Right of Petition
(۱) Citizens have the right to apply in writing to the competent authorities
and to the Turkish Grand National Assembly with regard to requests and
complaints concerning themselves or the public.
(۲) The result of the application concerning himself shall be made known to the
petitioner in writing.
(۳) The way of exercising this right shall be determined by law.
‎‎‎

Part Three -‎–‎- Fundamental Organs of the Republic
‎‎‎

Chapter One -‎–‎- Legislative Power
‎‎‎

[Title] I ‎‎‎ The Turkish Grand National Assembly
‎‎‎
Article 75 ‎‎‎ Composition
The Turkish Grand National Assembly shall be composed of five hundred fifty
deputies elected by universal suffrage.
‎‎‎
Article 76 ‎‎‎ Eligibility to be a Deputy
(۱) Every Turk over the age of 30 is eligible to be a deputy.
(۲) Persons who have not completed their primary education٫ who have been
deprived of legal capacity٫ who have failed to perform compulsory military
service٫ who are banned from public service٫ who have been sentenced to a
prison term totaling one year or more excluding involuntary offences٫ or to a
heavy imprisonment;‎‎‎ those who have been convicted for dishonourable offences
such as embezzlement٫ corruption٫ bribery٫ theft٫ fraud٫ forgery٫ breach of
trust٫ fraudulent bankruptcy;‎‎‎ and persons convicted of smuggling٫ conspiracy
in official bidding or purchasing٫ of offences related to the disclosure of
State secrets٫ of involvement in ideological and anarchistic activities٫ or
incitement and encouragement of such activities٫ shall not be elected deputies٫
even if they have been pardoned.
(۳) Judges and prosecutors٫ members of the higher judicial organs٫ members of
the teaching staff at institutions of higher education٫ members of the Higher
Education Council٫ employees of public institutions and agencies who have the
status of civil servants٫ other public employees not regarded as labourers on
account of the duties they perform٫ and members of the Armed Forces shall not
stand for election or be eligible to be a deputy unless they resign from
office.
‎‎‎
Article 77 ‎‎‎ Election Term of the Turkish Grand National Assembly
(۱) Elections for the Turkish Grand National Assembly shall be held every five
years.
(۲) The Assembly may decide to hold new election before the termination of this
period٫ and new elections may also be decided upon according to a decision٫
taken in accordance with the conditions set forth in the Constitution٫ by the
President of the Republic. A deputy whose term of office expires may be
eligible for re-election.
(۳) In the event of a decision to hold new elections٫ the powers of the
Assembly shall continue until the election of a new Assembly.
‎‎‎
Article 78 ‎‎‎ Deferment of Elections to the Turkish Grand National Assembly٫
and By-elections
(۱) If the holding of new elections is found impossible because of war٫ the
Turkish Grand National Assembly may decide to defer elections for a year.
(۲) If the grounds for deferment do not disappear this measure may be repeated
under the procedure for deferment.
(۳) By-elections shall be held when vacancies arise in the membership of the
Turkish Grand National Assembly. By- elections shall be held once in every
election term and cannot be held until 30 months have elapsed from the date of
the previous general elections. However٫ in cases where the number of vacant
seats reaches five percent of the total number of seats٫ by-elections shall be
held within three months.
(۴) By-elections shall not be held within one year before general elections.
‎‎‎
Article 79 ‎‎‎ General Administration and Supervision of the Elections
(۱) Elections shall be held under the general administration and supervision of
the judicial organs.
(۲) The Supreme Election Council shall e‎xecccute all the functions to ensure
the fair and orderly conduct of the elections from the beginning to the end of
polling٫ carry out investigations and take final decisions on all
irregularities٫ complaints and ob‎jectttions concerning the elections during
and after the polling٫ and verify the election returns of the members of the
Turkish Grand National Assembly. No appeal shall be made to any authority
against the decisions of the Supreme Election Council.
(۳) The functions and powers of the Supreme Election Council and other election
councils shall be determined by law.
(۴) The Supreme Election Council shall be composed of seven regular members and
four substitutes. Six of the members shall be elected by the Plenary Assembly
of the High Court of Appeals٫ and five members shall be elected by the Plenary
Assembly of the Council of State from amongst its own members٫ by secret ballot
and by an absolute majority of the total number of members. These members shall
elect a Chairman and a Vice-Chairman from amongst themselves٫ by absolute
majority and secret ballot.
(۵) Amongst the members elected to the Supreme Election Council by the High
Court of Appeals and by the Council of State٫ two members from each group shall
be designated٫ by lot٫ as substitute members. The Chairman and Vice-Chairman of
the Supreme Election Council shall not take part in this procedure.
(۶) The general conduct and supervision of a referendum on legislation amending
the Constitution shall be subject to the same provisions as those relating to
the election of deputies.
‎‎‎
Article 80 ‎‎‎ Presentation of the Nation
Members of the Turkish Grand National Assembly represent٫ not merely their own
constituencies or constituents٫ but the Nation as a whole.
‎‎‎
Article 81 ‎‎‎ Oath-Taking
Members of the Turkish Grand National Assembly٫ on assuming office٫ shall take
the following oath:
“I swear upon my honour and integrity٫ before the great Turkish Nation٫ to
safeguard the existence and independence of the State٫ the indivisible
integrity of the Country and the Nation٫ and the absolute sovereignty of the
Nation;‎‎‎ to remain loyal to the supremacy of law٫ to the democratic and
secular Republic٫ and to 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 peace and prosperity in society٫ national
solidarity and justice٫ and loyalty to the Constitution.”
‎‎‎
Article 82 ‎‎‎ Activities Incompatible with Membership
(۱) Members of the Turkish Grand National Assembly shall not hold office in
State departments and other public corporate bodies and their subsidiaries;‎‎‎
in corporations and enterprises affiliated with the State and other public
corporate bodies;‎‎‎ in the e‎xecccutive or supervisory organs of enterprises
and corporations where there is direct or indirect participation of the State
and public corporate bodies٫ in the e‎xecccutive and supervisory organs of
public benefit associations٫ whose special resources of revenue and privileges
are provided by law;‎‎‎ in the e‎xecccutive and supervisory organs of
foundations which enjoy tax exemption and receive financial subsidies from the
State;‎‎‎ and in the e‎xecccutive and supervisory organs of labour u‎nionnns
and public professional organisations٫ and in the enterprises and corporations
in which the above-mentioned u‎nionnns and associations or their higher bodies
have a share;‎‎‎ nor can they be appointed as representatives of the
above-mentioned bodies or be party to a business contract٫ directly or
indirectly٫ and be arbitrators of representatives in their business
transactions.
(۲) Members of the Turkish Grand National Assembly shall not be entrusted with
any official or private duties involving recommendation٫ appointment٫ or
approval by the e‎xecccutive organ. Acceptance by a deputy of a temporary
assignment given by the Council of Ministers on a specific matter٫ and not
exceeding a period of six months٫ is subject to the approval of the Assembly.
(۳) Other functions and activities incompatible with membership in the Turkish
Grand National Assembly shall be regulated by law.
‎‎‎
Article 83 ‎‎‎ Parliamentary Immunity
(۱) Members of the Turkish Grand National Assembly shall not be liable for
their votes and statements concerning parliamentary functions٫ for the views
they express before the Assembly٫ or unless the Assembly decides otherwise on
the proposal of the Bureau for that sitting٫ for repeating or revealing these
outside the Assembly.
(۲) A deputy who is alleged to have committed an offence before or after
election٫ shall not be arrested٫ interrogated٫ detained or tried unless the
Assembly decides otherwise. This provision shall not apply in cases where a
member is caught in the act of committing a crime punishable by a heavy penalty
and in cases subject to Article 14 of the Constitution if an investigation has
been initiated before the election. However٫ in such situations the competent
authority shall notify the Turkish Grand National Assembly immediately and
directly.
(۳) The e‎xecccution of a criminal sentence imposed on a member of the Turkish
Grand National Assembly either before or after his election shall be suspended
until he ceases to be a member;‎‎‎ the statute of limitations does not apply
during the term of membership.
(۴) Investigation and prosecution of a re-elected deputy shall be subject to
the renewed waiver of immunity by the Assembly.
(۵) Political party groups in the Turkish Grand National Assembly shall not
hold discussions or take decisions regarding parliamentary immunity.
‎‎‎
Article 84 ‎‎‎ Loss of Membership
(۱) The loss of membership of a deputy who has resigned shall be decided upon
by the plenary of the Turkish Grand National Assembly after the Bureau of the
Turk sh Grand National Assembly attests to the validity of the resignation.
(۲) The loss of membership٫ through a final judicial sentence or deprivation of
legal capacity٫ shall take effect after the final court decision in the matter
has been communicated to the plenary of the Turkish Grand National Assembly.
(۳) The loss of membership of a deputy who insists on holding a position or
continues an activity incompatible with membership according to Article 82٫
shall be decided by a secret voting by the plenary٫ upon the submission of a
report drawn up by the authorized commission setting out the factual situation.
(۴) The loss of membership of a deputy who fails to attend without an excuse or
permission٫ five meetings in a period of one month shall be decided by an
absolute majority of the total number of members after the Bureau of the
Turkish Grand National Assembly determines the situation.
(۵) The membership of a deputy whose statements and acts are cited in a final
judgment of the Constitutional Court as h‎avinggg caused the permanent
dissolution of his party shall terminate on the date when the decision in
question and its justifications are published in the official gazette. The
presidency of the Turkish Grand National Assembly shall immediately take the
necessary action concerning such decision and shall inform the plenary of the
Turkish Grand National Assembly accordingly.
‎‎‎
Article 85 ‎‎‎ Application for Annulment
If the parliamentary immunity of a deputy has been waived 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 day of the decision of the Grand National Assembly of Turkey٫ 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 or procedure of the
Turkish Grand National Assembly. The Constitutional Court shall decide on the
appeal within fifteen days.
‎‎‎
Article 86 ‎‎‎ Salaries and Allowances
(۱) The salaries and allowances of the members of the Turkish Grand National
Assembly shall be regulated by law. The monthly amount of the salary shall not
exceed the salary of the most senior civil servant;‎‎‎ the travel allowance
shall not exceed half of that salary.
(۲) The salaries and allowances paid to the members of the Turkish Grand
National Assembly shall not necessitate the suspension of payments of pensions
and similar benefits by social security agencies.
(۳) A maximum of three months” salaries and allowances may be paid in
advance.
‎‎‎

[Title] II Functions and Powers of the Turkish Grand National Assembly
‎‎‎
Article 87 ‎‎‎ General Provisions
The functions and powers of the Turkish Grand National Assembly comprise the
enactment٫ amendment٫ and repeal of laws;‎‎‎ the supervision of the Council of
Ministers and the Ministers;‎‎‎ authorisation of the Council of Ministers to
issue governmental decrees h‎avinggg force of law on certain matters;‎‎‎
debating and approval of the budget draft and the draft law of the final
accounts٫ making decisions regarding printing of currency and declaration of
war;‎‎‎ ratifying international agreements٫ deciding on the proclamation of
amnesties and pardons excluding those who have been convicted for activities
set out in Article 14 of the Constitution;‎‎‎ confirming death sentences passed
by the courts;‎‎‎ and exercising the powers and e‎xecccuting the functions
envisaged in the other articles of the Constitution.
‎‎‎
Article 88 ‎‎‎ Introduction and Debate of the Laws
(۱) The Council of Ministers and deputies are empowered to introduce laws.
(۲) The procedure and principles relating to the debating of draft bills and
proposals of law in the Turkish Grand National Assembly shall be regulated by
the Rules of Procedure.
‎‎‎
Article 89 ‎‎‎ Promulgation of Laws by the President of the Republic
(۱) The President of the Republic shall promulgate the laws adopted by the
Turkish Grand National Assembly within fifteen days.
(۲) He shall٫ within the same period٫ refer to the Turkish Grand National
Assembly for further consideration٫ laws which he deems unsuitable for
promulgation٫ together with a statement of his reasons. Budget laws shall not
be subject to this provision.
(۳) If the Turkish Grand National Assembly adopts in its unchanged form the law
referred back٫ the President of the Republic shall promulgate it;‎‎‎ if the
Assembly amends the law which was referred back٫ the President of the Republic
may again refer the amended law back to the Assembly.
(۴) Provisions relating to Constitutional amendments are reserved.
‎‎‎
Article 90 ‎‎‎ Ratification of International Treaties
(۱) The ratification of treaties concluded with foreign states and
international organisations on behalf of the Republic of Turkey٫ shall be
subject to adoption by the Turkish Grand National Assembly by a law approving
the ratification.
(۲) Agreements regulating economic٫ commercial and technical relations٫ and
covering a period of no more than one year٫ may be put into effect through
promulgation٫ provided they do not entail any financial commitment by the
State٫ and provided they do not infringe upon the status of individuals or upon
the property rights of Turkish citizens abroad. In such cases٫ these agreements
must be brought to the knowledge of the Turkish Grand National Assembly within
two months of their promulgation.
(۳) Agreements in connection with the implementation of an international
treaty٫ and economic٫ commercial٫ technical٫ or administrative agreements which
are concluded depending on an authorisation given by law shall not require
approval by the Turkish Grand National Assembly. However٫ agreements concluded
under the provision of this paragraph and affecting the economic٫ or commercial
relations and private rights of individuals shall not be put into effect unless
promulgated.
(۴) Agreements resulting in amendments to Turkish laws shall be subject to the
provisions of the first paragraph.
(۵) International agreements duly put into effect carry the force of law. No
appeal to the Constitutional Court can be made with regard to these agreements٫
on the ground that they are unconstitutional.
Article 91 ‎‎‎ Authorisation to Enact Decrees h‎avinggg Force of Law
(۱) The Turkish Grand National Assembly may empower the Council of Ministers to
issue decrees h‎avinggg force of law. However٫ the fundamental rights٫
individual rights and duties included in the First and Second Chapter of the
Second Part of the Constitution and the political rights and duties listed in
the Fourth Chapter٫ cannot be regulated by decrees h‎avinggg force of law
except during periods of martial law and states of emergency.
(۲) The empowering law shall define the purpose٫ scope٫ principles٫ and
operative period of the decree h‎avinggg force of law٫ and whether more than
one decree will be issued within the same period.
(۳) Resignation or fall of the Council of Ministers٫ or expiration of the
legislative term shall not cause the termination of the power conferred for the
given period.
(۴) When approving a decree h‎avinggg force of law before the end of the
prescribed period٫ the Turkish Grand National Assembly shall also state whether
the power has terminated or will continue until the expiry of the said period.
(۵) Provisions relating to the decrees h‎avinggg force of law issued by the
Council of Ministers meeting under the chairmanship of the President of the
Republic in time of martial law or states of emergency٫ are reserved.
(۶) Decrees h‎avinggg force of law shall come into force on the day of their
publication in the Official Gazette. However٫ a later date may be indicated in
the decree as the date of entry into force.
(۷) Decrees are submitted to the Turkish Grand National Assembly on the day of
their publication in the Official Gazette.
(۸) Laws of empowering and decrees h‎avinggg force of law which are based on
these٫ shall be discussed in the committees and in the plenary session of the
Turkish Grand National Assembly with priority and urgency.
(۹) Decrees not submitted to the Turkish Grand National Assembly on the day of
their publication shall cease to have effect on that day and decrees rejected
by the Turkish Grand National Assembly shall cease to have effect on the day of
publication of the decision in the Official Gazette. The amended provisions of
the decrees which are approved as amended shall go into force on the day of
their publication in the Official Gazette.
‎‎‎
Article 92 ‎‎‎ Declaration of State of War and Authorisation to Permit the Use
of Armed Forces
(۱) The Power to authorise the declaration of a state of war in cases deemed
legitimate by international law and٫ except where required by international
treaties to which Turkey is a party or by the rules of international courtesy
to send Turkish Armed Forces to foreign countries and to allow foreign armed
forces to be stationed in Turkey٫ is vested in the Turkish Grand National
Assembly.
(۲) If the country is subjected٫ while the Turkish Grand National Assembly is
adjourned or in recess٫ to sudden armed aggression and it thus becomes
imperative to decide immediately on the use of the armed forces٫ the President
of the Republic can decide on the use of the Turkish Armed Forces.
‎‎‎

[Title] III Provisions Relating to the Activities of the Turkish Grand National
Assembly
‎‎‎
Article 93 ‎‎‎ Convening and Adjournment
(۱) The Turkish Grand National Assembly shall convene of its own accord on the
first day of October each year.
(۲) The Assembly may be in recess for a maximum of three months in the course
of a legislative year. During an adjournment and recess it may be summoned by
the President of the Republic either on his own initiative or at the request of
the Council of Ministers.
(۳) The President of the Assembly may also summon the Assembly either on his
own initiative or at the written request of one- fifth of the members.
(۴) If the Turkish Grand National Assembly is convened during an adjournment or
recess٫ it shall not adjourn or go into recess again before h‎avinggg given
priority consideration to the matter requiring the summons.
‎‎‎
Article 94 ‎‎‎ Bureau of the Assembly
(۱) The Bureau of the Assembly of the Turkish Grand National Assembly shall be
composed of the President٫ the Deputy Presidents٫ Secretary Members٫ and
Administrative Members elected from among the Assembly members.
(۲) The Bureau of the Assembly shall be so composed as to ensure proportionate
representation to the number of members of each political party group in the
Assembly. Political party groups shall not nominate candidates for the
Presidency.
(۳) Two elections to the Bureau of the Turkish Grand National Assembly shall be
held in the course of one legislative term. The term of office of those elected
in the first round is two years and the term of office of those elected in the
second round is three years.
(۴) The candidates from among the members of the Assembly for the President of
the Turkish Grand National Assembly shall be announced٫ within ten days of the
convening of the Assembly٫ to the Bureau of the Assembly. Election of the
President shall be held by secret ballot. In the first two ballots٫ a
two-thirds majority of the total number of members٫ and in the third ballot an
absolute majority of the total number of members is required. If the absolute
majority cannot be obtained in the third ballot a fourth ballot shall be held
between the two candidates who have received the greatest number of votes in
the third ballot;‎‎‎ the member who receives the greatest number of votes in
the fourth ballot shall be elected President. The election of the President٫
shall be completed within ten days of the expiry of the period for the
nomination of candidates.
(۵) The quorum required for election٫ the number of ballots and its procedure٫
the number of Deputy Presidents٫ Secretary Members and Administrative Members٫
shall be stipulated by the Rules of Procedure of the Assembly.
(۶) The President and Deputy Presidents of the Turkish Grand National Assembly
cannot participate in the activities of the political party or party group of
which they are a member nor in debates٫ within or outside the Assembly٫ except
in cases required by their functions;‎‎‎ the President and the Deputy President
who is presiding over the session shall not vote.
‎‎‎
Article 95 ‎‎‎ Rules of Procedure٫ Political Party Groups and Security Affairs
(۱) 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.
(۲) 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.
(۳) All security and administrative services of the Turkish Grand National
Assembly regarding all buildings٫ installations٫ annexes and its grounds shall
be organised and directed by the Office and its grounds shall be organised and
directed by the Office of the President of the Assembly.
(۴) Sufficient forces to ensure security and other such services shall be
allocated to the Office of the President of the Assembly by the relevant
authorities.
‎‎‎
Article 96 ‎‎‎ Quorums Required for Sessions and Decisions
(۱) Unless otherwise stipulated in the Constitution٫ the Turkish Grand National
Assembly shall convene with at least٫ one-third of the total number of members
and shall take decisions by an absolute majority of those present;‎‎‎ however٫
the quorum for decisions can٫ under no circumstances٫ be less than a quarter
plus one of the total number of members.
(۲) Members of the Council of Ministers may delegate a minister to vote on
their behalf in sessions of the Turkish Grand National Assembly which they are
unable to attend. However٫ a minister shall not cast more than two votes
including his own.
‎‎‎
Article 97 ‎‎‎ Publicity and Publication of Debates
(۱) Debates held in the plenary session of the Turkish Grand National Assembly
shall be public and shall be published verbatim in the Journal of Records.
(۲) The Turkish Grand National Assembly may hold closed sessions in accordance
with the provisions of its Rules of Procedure;‎‎‎ the publication of debates of
such sessions shall be subject to the decision of the Turkish Grand National
Assembly.
(۳) Public proceedings of the Assembly may be freely published through all
means٫ unless a decision to the contrary is adopted by the Assembly upon a
proposal of the Bureau of the Assembly.
‎‎‎

[Title] IV Ways of Collecting Information and Supervision by the Turkish Grand
National Assembly
‎‎‎
Article 98 ‎‎‎ General Provisions
(۱) The Turkish Grand National Assembly shall exercise its supervisory power by
means of questions٫ parliamentary inquiries٫ general debates interpellation and
parliamentary investigations.
(۲) A question is a request for information addressed to the Prime Minister or
ministers to be answered orally or in writing on behalf of the Council of
Ministers.
(۳) A parliamentary inquiry is an examination conducted to obtain information
on a specific subject.
(۴) A general debate is the consideration of a specific subject relating to the
community and the activities of the State at the plenary sessions of the
Turkish Grand National Assembly.
(۵) The form of presentation٫ content٫ and scope of the motions concerning
questions٫ parliamentary inquiries and general debates٫ and the procedures for
answering٫ debating and investigating them٫ shall be regulated by the Rules of
Procedure.
‎‎‎
Article 99 ‎‎‎ Interpellation
(۱) A motion for interpellation may be tabled either on behalf of a political
party group٫ or by the signature of at least twenty deputies.
(۲) The motion for interpellation shall be circulated in printed form to the
members within three days of its being tabled;‎‎‎ inclusion of a motion of
interpellation in the agenda shall be debated within ten days of its
circulation. In this debate٫ only one of the signatories to the motion٫ one
deputy from each political party group٫ and the Prime Minister or one minister
on behalf of the Council of Ministers٫ may take the floor.
(۳) Together with the decision to include the motion of interpellation in the
agenda٫ the date for debating it will also be decided;‎‎‎ however٫ the debate
shall not take place less than two days after the decision to place it on the
agenda and shall not be deferred more than seven days.
(۴) In the course of the debate on the motion of interpellation٫ a motion of
no-confidence with a statement of reasons tabled by deputies or party groups٫
or the request for a vote of confidence by the Council of Ministers٫ shall be
put to vote only after a full day has elapsed.
(۵) In order to unseat the Council of Ministers or a minister٫ an absolute
majority of the total number of members shall be required in the voting٫ in
which only the votes of no- confidence shall be counted.
(۶) Other provisions concerning interpellations٫ provided that they are
consistent with the smooth functioning of the Assembly٫ and with the
above-mentioned principles shall be designed by the Rules of Procedure.
‎‎‎
Article 100 ‎‎‎ Parliamentary Investigation
(۱) Parliamentary investigation concerning the Prime Minister or other
ministers may be requested with a motion tabled by at least one-tenth of the
total number of members of the Turkish Grand National Assembly. The Assembly
shall consider and decide on this request within one month at the latest.
(۲) In the event of a decision to initiate an investigation٫ this investigation
shall be conducted by a commission of fifteen members chosen by lot on behalf
of each party from among three times the number of members the party is
entitled to have on the commission٫ representation being proportional to the
parliamentary membership of the party. The commission shall submit its report
on the result of the investigation to the Assembly within two months. If the
investigation is not completed within the time allotted٫ the commission shall
be granted a further and final period of two months.
(۳) The Assembly shall debate the report with priority and٫ if found necessary٫
may decide to bring the person involved before the Supreme Court. The decision
to bring a person before the Supreme Court shall be taken only by an absolute
majority of the total number of members.
(۴) Political party groups in the Assembly shall not hold discussions or take
decisions regarding parliamentary investigations.
‎‎‎

Chapter Two -‎–‎- e‎xecccutive
‎‎‎

[Title] I ‎‎‎ President of the Republic
‎‎‎
Article 101 ‎‎‎ Qualifications and Impartiality
(۱) The President of the Republic shall be elected for a term of office of
seven years by the Turkish Grand National Assembly from among its own members
who are over 40 years of age and who have completed their higher education or
from among Turkish citizens who fulfill these requirements and are eligible to
be deputies.
(۲) 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.
(۳) The President of the Republic cannot be elected for a second time.
(۴) 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.
‎‎‎
Article 102 ‎‎‎ Election
(۱) The President of the Republic shall be elected by a two-thirds majority of
the total number of members of the Turkish Grand National Assembly and by
secret ballot. If the Turkish Grand National Assembly is not in session٫ it
shall be summoned immediately to meet.
(۲) The election of the President of the Republic shall begin thirty days
before the term of office of the incumbent President
(۳) of the Republic expires or ten days after the Presidency fails 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.
(۴) 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.
(۵) The term of office of the incumbent President of the Republic shall
continue until the President-elect takes office.
‎‎‎
Article 103 ‎‎‎ Oath
On assuming office٫ the President of the Republic shall take the following oath
before the Turkish Grand National Assembly:
“In my capacity as President of the Republic I swear upon my honour and
integrity before the Turkish Grand National Assembly and before history to
safeguard the existence and independence of the State٫ the indivisible
integrity of the Country and the Nation and the absolute sovereignty of the
Nation٫ to abide by the Constitution٫ the rule of law٫ democracy٫ the
principles 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.”
‎‎‎
Article 104 ‎‎‎ Duties and Powers
(۱) The President of the Republic is the Head of the State. 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 State.
(۲) To this end٫ the duties he/she shall perform٫ and the powers he/she shall
exercise٫ in accordance with the conditions stipulated in the relevant articles
of the Constitution are as follows:
a) Those relating to legislation:
-‎–‎- To deliver٫ if he/she deems it necessary٫ the opening 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/she 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 h‎avinggg force of law٫ and the
Rules of Procedure 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 e‎xecccutive functions:
-‎–‎- To appoint the Prime Minister and to accept his/her resignation٫
-‎–‎- To appoint and dismiss Ministers on the proposal of the Prime Minister٫
-‎–‎- To preside over the Council of Ministers or to call the Council of
Ministers to meet under his/her chairmanship whenever he/she 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
h‎avinggg force of law٫ in accordance with the decisions of the Council of
Ministers under his/her chairmanship٫
-‎–‎- To sign decrees٫
-‎–‎- To remit٫ on grounds of chronic illness٫ disability٫ or old age٫ all or
part of the sentences imposed on certain individuals٫
-‎–‎- To appoint the members and the chairman of the State Supervisory
Council٫
-‎–‎- To instruct the State Supervisory Council to carry out inquiries٫
investigations and inspections٫
-‎–‎- To appoint the members of the Higher Education Council٫
-‎–‎- To appoint rectors of universities.
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.
(۳) 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.
‎‎‎
Article 105 ‎‎‎ Presidential Accountability and Non-accountability
(۱) All Presidential decrees except those which the President of the Republic
is empowered to enact by himself without the signatures of the Prime Minister
and the minister concerned٫ in accordance with the provisions of the
Constitution and other laws٫ shall be signed by the Prime Minister٫ and the
ministers concerned. The Prime Minister and the ministers concerned shall be
accountable for these decrees.
(۲) 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/her own initiative.
(۳) 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.
‎‎‎
Article 106 ‎‎‎ Deputation for the President of the Republic
In the event of a temporary absence of the President of the Republic on account
of illness٫ travel abroad or similar circumstances٫ the President of the
Turkish Grand National Assembly shall serve as Acting President of the Republic
and exercise the powers of the President of the Republic until the President of
the Republic resumes his/her functions٫ and in the event that the Presidency
falls vacant as a result of death or resignation or for any other reason٫ until
the election of a new President of the Republic.
‎‎‎
Article 107 ‎‎‎ General Secretariat of the President of the Republic
The establishment٫ the principles of organisation and functioning٫ and the
appointment of personnel of the General Secretariat of the Presidency of the
Republic shall be regulated by Presidential decrees.
‎‎‎
Article 108 ‎‎‎ State Supervisory Council
(۱) The State Supervisory Council which shall be attached to the Office of the
Presidency of the Republic with the purpose of performing and furthering the
regular and efficient functioning of the administration and its observance of
law٫ will be empowered to conduct upon the request of the President of the
Republic all inquiries٫ investigations and inspections of all public bodies and
organisations٫ all enterprises in which those public bodies and organisations
share more than half of the capital٫ public professional organisations٫
employers” associations and labour u‎nionnns at all levels٫ and public
benefit associations and foundations.
(۲) The Armed Forces and all judicial organs are outside the jurisdiction of
the State Supervisory Council.
(۳) The Members and the Chairman to be designated from among the members of the
State Supervisory Council shall be appointed by the President of the Republic
from among those with the qualifications set forth in the law.
(۴) 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.
‎‎‎

[Title] II Council of Ministers
‎‎‎
Article 109 ‎‎‎ Formation
(۱) The Council of Ministers shall consist of the Prime Minister and the
ministers.
(۲) The Prime Minister shall be appointed by the President of the Republic from
among the members of the Turkish Grand National Assembly.
(۳) The ministers shall be nominated by the Prime Minister and appointed by 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.
‎‎‎
Article 110 ‎‎‎ Taking Office and Vote of Confidence
(۱) The complete list of members of the Council of Ministers shall be submitted
to the Turkish Grand National Assembly. If the Turkish Grand National Assembly
is in recess٫ it shall be summoned to meet.
(۲) 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.
‎‎‎
Article 111 ‎‎‎ Vote of Confidence While in Office
(۱) If the Prime Minister deems it necessary٫ and after discussing the matter
in the Council of Ministers٫ he/her may ask for a vote of confidence in the
Turkish Grand National Assembly.
(۲) 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 the vote until one full day has passed after
debate.
(۳) A request for a vote of confidence shall be rejected only by an absolute
majority of the total number of members.
‎‎‎
Article 112 ‎‎‎ Functions and Political Responsibilities
(۱) The Prime Minister٫ as Chairman of the Council of Ministers٫ shall ensure
co-operation among the ministers٫ and supervise the implementation of the
government”s general policy. The members of the Council of Ministers are
jointly responsible for the implementation of this policy.
(۲) Each minister shall be responsible to the Prime Minister and shall also be
responsible for the conduct of affairs under his/her jurisdiction and for the
acts and activities of his/her subordinates.
(۳) 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.
(۴) 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.
‎‎‎
Article 113 ‎‎‎ Formation of Ministries٫ and Ministers
(۱) The formation٫ abolition٫ functions٫ powers and organisation of the
ministries shall be regulated by law.
(۲) A minister may act for another if a ministry becomes vacant or if the
minister is on leave or absent for a valid reason. However٫ a minister shall
not act for more than one other minister.
(۳) A minister who is brought before the Supreme Court by decision of the
Turkish Grand National Assembly٫ shall lose his/her ministerial status. If the
Prime Minister is brought before the Supreme Court٫ the Government shall be
considered to have resigned.
(۴) If a Ministerial position becomes vacant for any reason٫ a new appointment
shall be made to it within fifteen days.
‎‎‎
Article 114 ‎‎‎ Provisional Council of Ministers During Elections
(۱) The Ministers of Justice٫ Internal Affairs and Communications shall resign
prior to general elections from the Turkish Grand National Assembly.
(۲) 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 the Turkish Grand National Assembly to these Ministries.
(۳) 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.
(۴) 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.
(۵) 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 to them٫ or who subsequently٫ resign shall be
replaced by independent persons from within or outside the Grand National
Assembly of Turkey.
(۶) The Provisional Council of Ministers shall be formed within five days of
publication in the Official Gazette of the decision to hold new elections.
(۷) The Provisional Council of Ministers shall not be subject to a vote of
confidence.
(۸) The Provisional Council of Ministers shall remain in office for the
duration of the elections٫ and until the new Assembly convenes.
‎‎‎
Article 115 ‎‎‎ Regulations
(۱) The Council of Ministers may issue regulations governing the mode of
implementation of laws or designating matters ordered by law٫ provided that
they do not conflict with existing laws and are examined by the Council of
State.
(۲) Regulations shall be signed by the President of the Republic and
promulgated in the same manner as laws.
‎‎‎
Article 116 ‎‎‎ Calling for Elections for the Turkish Grand National Assembly
by the President of the Republic
(۱) In cases where the Council of Ministers fails to receive a vote of
confidence under Article 110 or is compelled to resign by a vote of
no-confidence under Article 99 or 111٫ and if a new Council of Ministers cannot
be formed within forty-five days or the new Council of Ministers fails to
receive a vote of confidence٫ the President of the Republic٫ in consultation
with the President of the Turkish Grand National Assembly٫ may call for new
elections.
(۲) 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
for new elections.
(۳) The decision to call for new elections shall be published in the Official
Gazette and the election shall be held thereafter.
‎‎‎

[Title] III National Defence
‎‎‎
Article 117 ‎‎‎ Staff
(۱) The Office of Commander-in-Chief is inseparable from the spiritual
existence of the Turkish Grand National Assembly and is represented by the
President of the Republic.
(۲) 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.
(۳) 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.
(۴) 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.
(۵) The functional relations and scope of jurisdiction of the Ministry of
National Defence with regard to the Chief of the General Staff and the
Commanders of the Armed Forces shall be regulated by law.
‎‎‎
Article 118 ‎‎‎ National Security Council
(۱) The National Security Council shall be composed of the Prime Minister٫ the
Chief of the General Staff٫ the Ministers of National Defence٫ Internal
Affairs٫ and Foreign Affairs٫ the Commanders of the Army٫ Navy and the Air
Force and the General Commander of the Gendarmerie٫ under the chairmanship of
the President of the Republic.
(۲) Depending on the particulars of the agenda٫ Ministers and other persons
concerned may be invited to meetings of the Council and their views heard.
(۳) 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.
(۴) The agenda of the National Security Councils 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.
(۵) In the absence of the President of the Republic٫ the National Security
Council shall meet under the chairmanship of the Prime Minister.
(۶) The organisation and duties of the General Secretariat of the National
Security Council shall be regulated by law.
‎‎‎

[Title] IV Procedure Governing Emergency Rule
‎‎‎
Article 119 ‎‎‎ Declaration of a State of Emergency on Account of Natural
Disaster or Serious Economic Crisis
In the event of natural disaster٫ dangerous epidemic diseases or a serious
economic crisis٫ the Council of Ministers٫ meeting under the chairmanship of
the President of the Republic may declare a state of emergency in one or more
regions or throughout the country for a period not exceeding six months.
‎‎‎
Article 120 ‎‎‎ Declaration of a State of Emergency on Account of Widespread
Acts of Violence and Serious Deterioration of Public Order
In the event of the emergency of serious indications of widespread acts of
violence aimed at the destruction of the free democratic order established by
the Constitution or of fundamental rights and freedoms٫ or serious
deterioration of public order because of acts of violence٫ the Council of
Ministers٫ meeting under the chairmanship of the President of the Republic٫
after consultation with the National Security Council٫ may declare a state of
emergency in one or more regions or throughout the country for a period not
exceeding six months.
‎‎‎
Article 121 ‎‎‎ Rules Relating to the State of Emergency
(۱) In the event of a declaration of a state of emergency under the provisions
of Articles 119 and 120 of the Constitution٫ this decision shall be published
in the Official Gazette and shall be submitted immediately to the Turkish Grand
National Assembly for approval. If the Turkish Grand National Assembly is in
recess٫ it shall be summoned immediately. The Assembly may alter the duration
of the state of emergency٫ extend the period for a maximum of four months each
time at the request of the Council of Ministers٫ or may lift the state of
emergency.
(۲) 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
۱۱۹ and٫ applicable according to the nature of each kind of state of emergency٫
the procedure 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.
(۳) During the state of emergency٫ the Council of Ministers meeting under the
chairmanship of the President of the Republic٫ may issue decrees h‎avinggg
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.
‎‎‎
Article 122 ‎‎‎ Martial Law٫ Mobilisation and State of War
(۱) The Council of Ministers٫ under the chairmanship of the President of the
Republic٫ after consultation with the National Security Council٫ may declare
martial law in one or more regions or throughout the country for a period not
exceeding six months٫ in the event of widespread acts of violence which are
more dangerous than the cases necessitating a state of emergency and which are
aimed at the destruction of the free democratic order or the fundamental rights
and freedoms embodied in the Constitution;‎‎‎ or in the event of war٫ the
emergence of a situation necessitating war٫ an uprising٫ or the spread of
violent and strong rebellious actions against the motherland and the Republic٫
or widespread acts of violence of either internal or external origin
threatening the indivisibility of the country and the nation. This decision
shall be published immediately in the Official Gazette٫ and shall be submitted
for approval to the Turkish Grand National Assembly٫ on the same day. If the
Turkish Grand National Assembly is in recess٫ it shall be summoned immediately.
The Turkish Grand National Assembly may٫ when it deems necessary٫ reduce or
extend the period of martial law or lift it.
(۲) During the period of martial law٫ the Council of Ministers meeting under
the chairmanship of the President of the Republic may issue decrees h‎avinggg
force of law on matters necessitated by the state of martial law.
(۳) 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 procedure for their approval by the Assembly shall be
indicated in the Rules of Procedure.
(۴) 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 state of war٫ the limit of four months does not apply.
(۵) In the events of martial law٫ mobilisation and state of war٫ the provisions
to be applied and conduct of affairs٫ relations with the administration٫ the
manner in which freedoms are to be restricted or suspended and the obligations
to be imposed on citizens in a state of war or in the event of emergence of a
situation necessitating war٫ shall be regulated by law.
(۶) The Martial Law Commanders shall exercise their duties under the authority
of the Office of the Chief of the General Staff
‎‎‎

[Title] V Administration
‎‎‎
Article 123 ‎‎‎ Integral Unity and Public Legal Personality of the
Administration
(۱) The administration forms a whole with regard to its structure and
functions٫ and shall be regulated by law.
(۲) The organisation and functions of the administration are based on the
principles of centralization and local administration.
(۳) Public corporate bodies shall be established only by law٫ or on the
authority expressly granted by law.
‎‎‎
Article 124 ‎‎‎ [By-Laws]
The Prime Ministry٫ the ministries٫ and public corporate bodies may issue
by-laws 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 by-laws are to be
published in the Official Gazette.
‎‎‎
Article 125 ‎‎‎ Recourse to Judicial Review
(۱) Recourse to judicial review shall be available against all actions and acts
of the administration.
(۲) 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.
(۳) In suits filed against administrative acts٫ the statute of limitations
shall be effective from the date of written notification.
(۴) 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 e‎xecccutive 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.
(۵) 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 e‎xecccution may be decided upon٫ stating
the reasons why.
(۶) The law may restrict the issuing of stay of e‎xecccution 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.
(۷) The administration shall be liable to compensate for damages resulting from
its actions and acts.
‎‎‎
Article 126 ‎‎‎ Central Administration
(۱) In terms of central administrative structure٫ Turkey is divided into
provinces on the basis of geographical situation and economic conditions٫ and
public service requirements;‎‎‎ provinces are further divided into lower levels
of administrative districts.
(۲) The administration of the provinces is based on the principle of devolution
of wider powers.
(۳) Central administrative organisations comprising several provinces may be
established to ensure efficiency and coordination of public services. The
functions and powers of these organisations shall be regulated by law.
‎‎‎
Article 127 ‎‎‎ Local Administrations
(۱) Local administrative bodies are public corporate entities established to
meet the common local needs of the inhabitants of provinces٫ municipal
districts and villages٫ whose decision-making organs are elected by the
electorate as described in law٫ and whose principles of structure are also
determined by law.
(۲) The formation٫ duties and powers of the local administration shall be
regulated by law in accordance with the principle of local administration.
(۳) The elections for local administrations shall be held every five years in
accordance with the principles set forth in Article 67. However٫ general or
by-elections for local administrative bodies or for members thereof٫ which are
to be held within a year before or after the general or by-elections for
deputies٫ shall be held simultaneously with the general or by-elections for
deputies. Special administrative arrangements may be introduced by law for
larger urban centres.
(۴) The procedures dealing with ob‎jectttions to the acquisition by elected
organs of local government or 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
judgment.
(۵) The central administration has the power of administrative trusteeship over
the local governments in the framework of principles and procedures set forth
by law with the ob‎jectttive 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.
(۶) The formation of local administrative bodies into a u‎nionnn 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 u‎nionnns٫ 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.
‎‎‎
Article 128 ‎‎‎ Provisions Relating to Public Servants
(۱) The fundamental and permanent functions required by the public services
that the State٫ State economic enterprises and other public corporate bodies
are assigned to perform٫ in accordance with principles of general
administration٫ shall be carried out by public servants and other public
employees.
(۲) 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 manners related to their
status shall be regulated by law.
(۳) The procedure and principles governing the training of senior
administrators shall be specially regulated by law.
‎‎‎
Article 129 ‎‎‎ Duties and Responsibilities٫ and Guarantees During Disciplinary
Proceedings
(۱) Public servants and other public employees are obliged to carry out their
duties with loyalty to the Constitution and the laws.
(۲) Public servants٫ other public employees and members of public professional
organisations or their higher bodies shall not be subjected to disciplinary
penalties without being granted the right of defence.
(۳) Disciplinary decisions shall be subject to judicial review٫ with the
exception of warnings and reprimands.
(۴) Provisions concerning the members of the Armed Forces٫ judges and
prosecutors are reserved.
(۵) Actions for damages arising from faults committed by public servants and
other public employees in the exercise of their duties shall be brought against
the administration only in accordance with the procedure and conditions
prescribed by law٫ and subject to recourse to them.
(۶) 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.
‎‎‎
Article 130 ‎‎‎ Institutions of Higher Education
(۱) For the purpose of training manpower under a system of contemporary
education and training principles and meeting the needs of the nation and the
country٫ universities comprising several units will be established by the State
and by law as public corporations h‎avinggg autonomy in teaching٫ assigned to
educate٫ train at different levels after secondary education٫ and conduct
research٫ to act as consultants٫ to issue publications and to serve the country
and humanity.
(۲) 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 that they do not pursue lucrative
aims.
(۳) The law shall provide for a balanced geographical distribution of
universities throughout the country.
(۴) 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.
(۵) Universities and units attached to them are under the control and
supervision of the State and their security is ensured by the State.
(۶) 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.
(۷) 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.
(۸) 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.
(۹) 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 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
Higher Education Council and the universities٫ shall be regulated by law.
(۱۰) 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٫ except for the financial and administrative
matters.
‎‎‎
Article 131 ‎‎‎ Superior Bodies of Higher Education
(۱) The Higher Education Council shall be established to plan٫ organise٫
administer٫ and supervise the education provided by institutions of higher
education٫ to orient the activities of teaching٫ education and scientific
research٫ to ensure the establishment and development of these institutions in
conformity with the ob‎jectttives and principles set forth by law٫ to ensure
the effective use of the resources allotted to the universities٫ and to plan
the training of the teaching staff.
(۲) 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
as rectors٫ and of members directly appointed by the President of the Republic
himself.
(۳) The organisation٫ functions٫ authority٫ responsibility and operating
principles of the Council shall be regulated by law.
‎‎‎
Article 132 ‎‎‎ Institutions of Higher Education Subject to Special Provisions
Institutions of Higher Education attached to the Turkish Armed Forces and to
the security organisation are subject to the provisions of their respective
special laws.
‎‎‎
Article 133 ‎‎‎ Radio and Television Administration and News Agencies With
State Connections
(۱) Radio and television stations shall be established and administered freely
in conformity with rules to be regulated by law.
(۲) The unique radio and television administration 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.
‎‎‎
Article 134 ‎‎‎ The Atatürk High Institution of Culture٫ Language and History
(۱) 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 and with the support of the President of the Republic٫ attached
to the Office of the Prime Minister٫ and composed of the Atatürk Center of
Research٫ the Turkish Language Society٫ the Turkish Historical Society and the
Atatürk Cultural Center٫ 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.
(۲) The financial income of the Turkish Language Society and Turkish Historical
Society٫ bequeathed to them by Atatürk in his will are reserved and shall be
allocated to them accordingly.
(۳) 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.
‎‎‎
Article 135 ‎‎‎ Public Professional Organisations
(۱) Public professional organisations and their higher organisations are public
corporate bodies established by law٫ with the ob‎jectttives to meet the common
needs of the members of a given profession٫ to facilitate their professional
activities٫ to ensure the development of the profession in keeping with the
common interests٫ to safeguard professional discipline and ethics in order to
ensure integrity and trust in relations among its members and with 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.
(۲) Persons regularly employed in public institutions٫ or in State economic
enterprises shall not be required to become members of public professional
organisations.
(۳) These professional organizations shall not engage in activities outside the
aims for which they are established.
(۴) Political parties shall not nominate candidates in elections for the organs
of these professional organizations or their higher bodies.
(۵) The rules concerning the administrative and financial supervision of these
professional organizations by the State shall be prescribed by law.
(۶) The responsible organs of professional organizations which engage in
activities beyond their ob‎jectttives shall be dissolved by court decision at
the request of the authority designated by law or of public prosecutor٫ and new
organs shall be elected in their place.
(۷) However٫ in cases where delay endangers national security٫ public order and
in cases where it is necessary to prevent the perpetration or the continuation
of a crime or to effect an apprehension٫ an authority designated by law may be
vested with power to suspend professional organizations from activity. The
decision of the said authority shall be submitted for approval to the judge in
c‎harrrge within twenty-four hours. Unless the judge declares decision within
forty-eight hours٫ this administrative decision is annulled automatically.
‎‎‎
Article 136 ‎‎‎ Department of Religious Affairs
The Department 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.
‎‎‎
Article 137 ‎‎‎ Unlawful Orders
(۱) A person employed in public services٫ irrespective of his position or
status٫ when he finds an order given by his superiors to be contrary to the
provisions of by- laws٫ regulations٫ laws٫ or the Constitution shall not carry
it out٫ and shall inform the person giving the order of this inconsistency.
However٫ if his superior insists on the order and renews it in writing٫ his
order shall be e‎xecccuted;‎‎‎ in this case the person e‎xecccuting the order
shall not be held responsible.
(۲) An order which in itself constitutes an offence shall under no
circumstances be e‎xecccuted;‎‎‎ the person who e‎xecccutes such an order shall
not evade responsibility.
(۳) Exceptions designated by law relating to the e‎xecccution of military
duties and the protection of public order or public security in urgent
situations are reserved.
‎‎‎

Part Three -‎–‎- Judicial Power
‎‎‎

[Title] I General Provisions
‎‎‎
Article 138 ‎‎‎ Independence of the Courts
(۱) Judges shall be independent in the disc‎harrrge of their duties;‎‎‎ they
shall give judgment in accordance with the Constitution٫ law٫ and their
personal conviction conforming with the law.
(۲) 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.
(۳) 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.
(۴) Legislative and e‎xecccutive organs and the administration shall comply
with court decisions;‎‎‎ these organs and the administration shall neither
alter them in any respect٫ nor delay their e‎xecccution.
‎‎‎
Article 139 ‎‎‎ Security of Tenure of Judges and Public Prosecutors
(۱) Judges and public prosecutors shall not be dismissed٫ or 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 court or post.
(۲) 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 on account of ill-health٫ and those
determined as unsuitable to remain in the profession٫ are reserved.
‎‎‎
Article 140 ‎‎‎ Judges and Public Prosecutors
(۱) Judges and public prosecutors shall serve as judges and public prosecutors
of courts of justice and of administrative courts. These duties shall be
carried out by career judges and public prosecutors.
(۲) Judges shall disc‎harrrge their duties in accordance with the principles of
the independence of the courts and the security of tenure of judges.
(۳) The qualifications٫ appointment٫ rights and duties٫ salaries and allowances
of judges and public prosecutors٫ their promotion٫ temporary or permanent
change in their duties or posts٫ the initiation of disciplinary proceedings
against them and the subsequent 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.
(۴) Judges and public prosecutors shall exercise their duties until they reach
the age of sixty-five;‎‎‎ the promotion according to age and the retirement of
military judges shall be prescribed by law.
(۵) Judges and public prosecutors shall not assume official or public functions
other than those prescribed by law.
(۶) Judges and public prosecutors shall be attached to the Ministry of Justice
in so far as their administrative functions are concerned.
(۷) Those judges and public prosecutors working in administrative posts of the
justice service 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.
‎‎‎
Article 141 ‎‎‎ Publicity of Hearings and Verdict Justification
(۱) Court hearings shall be open to the public. It may be decided to conduct
all or part of the hearings in closed session only in cases where absolutely
required for reasons of public morality or public security.
(۲) Special provisions shall be provided in the law with respect to the trial
of minors.
(۳) The decisions of all courts shall be made in writing with a statement of
justification.
(۴) It is the duty of the judiciary to conclude trials as quickly as possible
and at minimum cost.
‎‎‎
Article 142 ‎‎‎ Organisation of Courts
The organisation٫ functions and jurisdiction of the courts٫ their functioning
and trial procedures shall be regulated by law.
‎‎‎
Article 143 ‎‎‎ Courts for Security of the State
(۱) Courts for Security of the State shall be established to deal with offences
against the indivisible integrity of the State with its territory and nation٫
the free democratic order٫ or against the Republic whose c‎harrracteristics are
defined in the Constitution٫ and offences directly involving the internal and
external security of the State.
(۲) The Court for Security of the State shall consist of a president٫ two
regular and two substitute members٫ one public prosecutor and a sufficient
number of deputy public prosecutors.
(۳) The president٫ one regular and one substitute member and the public
prosecutor from among first category judges and public prosecutors;‎‎‎ one
regular and one substitute member from among first category military judges;‎‎‎
and deputy public prosecutors from among public prosecutors of the Republic and
military judges٫ shall be appointed in accordance with procedures prescribed by
their special laws.
(۴) The president٫ members and substitute members٫ and public prosecutors and
deputy public prosecutors of the Court for Security of the State shall be
appointed for four years;‎‎‎ those whose term of office expires may be
reappointed.
(۵) The High Court of Appeals is the competent authority to examine appeals
against the verdicts of the Court of the Security of the State.
(۶) Other provisions relating to the functioning٫ the duties and jurisdiction
and the trial procedure of the Court for Security of the State shall be
prescribed by law.
(۷) In the event of declaration of martial law within the regions under the
jurisdiction of a Court for Security of the State٫ the latter may be
transformed٫ in accordance with the provisions prescribed by law٫ into a
Martial Law Military Tribunal with jurisdiction restricted to those regions.
‎‎‎
Article 144 ‎‎‎ Supervision of Judges and Public Prosecutors
Supervision of judges and public prosecutors with regard to the performance of
their duties in accordance with laws٫ regulations٫ by-laws and circulars
(administrative circulars٫ in the case of judges)٫ investigation into whether
they have committed offences in connection with٫ or in the course of their
duties٫ whether their behaviour and attitude are in conformity with their
status and duties and if necessary٫ inquiry and investigations concerning them
shall be made by judiciary inspectors with the permission of the Ministry of
Justice. The Minister of Justice may request the investigation or inquiry to be
conducted by a judge or public prosecutor who is senior to the judge or public
prosecutor to be investigated.
‎‎‎
Article 145 ‎‎‎ Military Justice
(۱) Military justice shall be exercised by military courts and military
disciplinary courts. These courts shall have jurisdiction to try military
personnel for military offences٫ for offences committed by them against other
military personnel or in military places٫ or for offences connected with
military service and duties.
(۲) Military courts also have jurisdiction to try non-military persons for
military offences specified in the special law;‎‎‎ and for offences committed
while performing their duties specified by law٫ or against military personnel
on military places specified by law.
(۳) The offences and persons falling within the jurisdiction of military courts
in time of war or under martial law٫ their organisation and the appointment٫
where necessary٫ of judges and public prosecutors from courts of justice to
military courts shall be regulated by law.
(۴) The organisation of military judicial organs٫ their functions٫ matters
repaying to the status of military judges٫ relations between military judges
acting as military prosecutors and the office of commander under which they
serve٫ shall be regulated by law in accordance with the principles of the
independence of courts and the security of tenure of judges and with the
requirements of military service. Relations between military judges and the
office of commander under which they serve٫ regarding the requirements of
military service apart from judicial functions٫ shall also be prescribed by
law.
‎‎‎

[Title] II Higher Courts
‎‎‎
Article 146 ‎‎‎ The Constitutional Court
(۱) The Constitutional Court shall be composed of eleven regular and four
substitute members.
(۲) The President of the Republic shall appoint two regular and two substitute
members from the High Court of Appeals٫ two regular and one substitute member
from the Council of State٫ and one member each from the Military High Court of
Appeals٫ the High Military Administrative Court and the Audit Court٫ three
candidates being nominated for each vacant office by the Plenary Assemblies of
each court from among their respective presidents and members٫ by an absolute
majority of the total number of members;‎‎‎ the President of the Republic shall
also appoint one member from a list of three candidates nominated by the Higher
Education Council from among members of the teaching staff of institutions of
higher education who are not members of the Council٫ and three members and one
substitute member from among senior administrative officers and lawyers.
(۳) To qualify for appointments as regular or substitute members of the
Constitutional Court٫ members of the teaching staff of institutions of higher
education٫ senior administrative officers and lawyers shall be required to be
over the age of forty and to have completed their higher education٫ or to have
served at least fifteen years as a member of the teaching staff of institutions
of higher education or to have actually worked at least fifteen years in public
service or to have practiced as a lawyer for at least fifteen years.
(۴) The Constitutional Court shall elect a president and Deputy president from
among its regular members for a term of four years by secret ballot and by an
absolute majority of the total number of members. They may be re-elected at the
end of their term of office.
(۵) The members of the Constitutional Court shall not assume other official and
private functions٫ apart from their main functions
‎‎‎
Article 147 ‎‎‎ Termination of Membership
(۱) The members of the Constitutional Court shall retire on reaching the age of
sixty-five.
(۲) Membership in the Constitutional Court shall terminate automatically if a
member is convicted of an offence requiring his dismissal from the judicial
profession٫ it shall terminate by a decision of an absolute majority of the
total number of members of the Constitutional Court if it is definitely
established that he is unable to perform his duties on account of ill heath.
‎‎‎
Article 148 ‎‎‎ Functions and Powers
(۱) The Constitutional Court shall examine the constitutionality٫ in respect of
both form and substance٫ of laws٫ decrees h‎avinggg force of law٫ and the Rules
of Procedure of the Turkish Grand National Assembly. Constitutional amendments
shall be examined and verified only with regard to their form. However٫ no
action shall be brought before the Constitutional Court alleging
unconstitutionality as to the form or substance of decrees h‎avinggg force of
law issued during a state of emergency٫ martial law or in time of war.
(۲) 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 urgent procedure was
complied with. Verification as to form may be requested by the President of the
Republic or by one-fifth of the members of the Turkish Grand National Assembly.
Applications for annulment on the grounds of defect in form shall not be made
more than ten days after the date on which the law was promulgated;‎‎‎ nor
shall ob‎jectttion be raised.
(۳) The President of the Republic٫ members of the Council of Ministers٫
presidents and members of the Constitutional Court٫ of the High Court of
Appeals٫ of the Council of State٫ of the Military High Court of Appeals٫ of the
High Military Administrative Court of Appeals٫ their Chief Public Prosecutors٫
Deputy Public Prosecutors of the Republic٫ and the presidents and members of
the Supreme Council of Judges and Public Prosecutors٫ and of the Audit Court
shall be tried for offences relating to their functions by the Constitutional
Court in its capacity as the Supreme Court.
(۴) The Chief Public Prosecutor of the Republic or Deputy Chief Public
Prosecutor of the Republic shall act as public prosecutor in the Supreme Court.
(۵) The judgements of the Supreme Court shall be final.
(۶) The Constitutional Court shall also perform the other functions given to it
by the Constitution.
‎‎‎
Article 149 ‎‎‎ Function and Trial Procedure
(۱) The Constitutional Court shall convene with its president and ten members٫
and shall take decisions by absolute majority. Decision of annulment of
Constitutional amendments shall be taken by a two-thirds majority.
(۲) The Constitutional Court shall give priority to the consideration of٫ and
to decisions on٫ applications for annulment on the grounds of defect in form.
(۳) The organisation and trial procedures of the Constitutional Court shall be
determined by law;‎‎‎ its method of work and the division of labour among its
members shall be regulated by the Rules of Procedure made by the Court.
(۴) The Constitutional Court shall examine cases on the basis of written
evidence٫ except where it acts as the Supreme Court. However٫ when it deems
necessary٫ it may call on those concerned and those h‎avinggg knowledge
relevant to the case٫ to present oral explanations and٫ in lawsuits on whether
to permanently dissolve a political party or not٫ the Constitutional Court
shall hear the defence of the chairman of the party whose dissolution is in
process or of a proxy appointed by the chairman٫ after the Chief Public
Prosecutor of the Republic.
‎‎‎
Article 150 ‎‎‎ Annulment Action
The President of the Republic٫ parliamentary groups of the party in power and
of the main opposition party and a minimum of one-fifth of the total number of
members of the Turkish Grand National Assembly shall have the right to apply
for annulment action to the Constitutional Court٫ based on the assertion of the
unconstitutionality of laws in form and in substance٫ of decrees h‎avinggg
force of law٫ of Rules of Procedure of the Turkish Grand National Assembly or
of specific Articles or provisions thereof. If more than one political party is
in power٫ the right of the parties in power to apply for annulment action shall
be exercised by the party h‎avinggg the greatest number of members.
‎‎‎
Article 151 ‎‎‎ Time Limit for Annulment Action
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٫ the decree h‎avinggg force of law٫ or the Rules of Procedure.
‎‎‎
Article 152 ‎‎‎ Contention of Unconstitutionality Before Other Courts
(۱) If a court which is trying a case٫ finds that the law or the decree
h‎avinggg force of law to be applied is unconstitutional٫ or if it is convinced
of the seriousness of a claim of unconstitutionality submitted by one of the
parties٫ it shall postpone the consideration of the case until the
Constitutional Court decides on this issue.
(۲) If the court is not convinced of the seriousness of the claim of
unconstitutionality٫ such a claim together with the main judgment shall be
decided upon by the competent authority of appeal.
(۳) The Constitutional Court shall decide on the matter and make public 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
existing legal provisions. However٫ if the decision on the merits of the case
becomes final٫ the trial court is obliged to comply with it.
(۴) No allegation 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.
‎‎‎
Article 153 ‎‎‎ Decisions of the Constitutional Court
(۱) The decisions of the Constitutional Court are final. Decisions of annulment
cannot be made public without a written statement of reasons.
(۲) In the course of annulling the whole or a provision of laws or decrees
h‎avinggg force of law٫ the Constitutional Court shall not act as a law-maker
and pass judgment leading to new implementation.
(۳) Laws٫ decrees h‎avinggg force of law٫ or the Rules of Procedure of the
Turkish Grand National Assembly 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 date shall not be
more than one year from the date of publication of the decision in the Official
Gazette.
(۴) In the event of the postponement of the date on which an annulment decision
is to come into effect٫ the Turkish Grand National Assembly shall debate and
decide with priority on the draft bill or law proposal٫ designed to fill the
legal void arising from the annulment decision.
(۵) The annulment decision cannot have retroactive effect.
(۶) Decisions of the Constitutional Court shall be published immediately in the
Official Gazette٫ and shall be binding on the legislative٫ e‎xecccutive٫ and
judicial organs٫ on the administrative authorities٫ and on persons and
corporate bodies.
‎‎‎
Article 154 ‎‎‎ The High Court of Appeals
(۱) The High Court of Appeals is the last instance for reviewing decisions and
judgements given by courts of justice and which are not referred by law to
other judicial authority. It shall also be the first and last instance for
dealing with specific cases prescribed by law.
(۲) Members of the High Court of Appeals shall be appointed by the Supreme
Council of Judges and Public Prosecutors from among first category judges and
public prosecutors of the Republic٫ of the courts of justice٫ or those
considered to be members of this profession٫ by secret ballot and by an
absolute majority of the total number of members.
(۳) The first president٫ first deputy presidents and heads of division shall be
elected by the Plenary Assembly of the High Court of Appeals from among its own
members٫ for a term of four years٫ by secret ballot and by an absolute majority
of the total number of members;‎‎‎ they may be re-elected at the end of their
term of office.
(۴) The Chief Public Prosecutor of the Republic and the Deputy Chief Public
Prosecutor of the Republic of the High Court of Appeals shall be appointed by
the President of the Republic for a term of four years from among five
candidates nominated for each office by the Plenary Assembly of the High Court
of Appeals from among its own members by secret ballot. They may be re-elected
at the end of their term of office.
(۵) The organisation٫ the function٫ the qualifications and procedures of
election of the president٫ deputy presidents٫ the heads of division and members
and the Chief Public Prosecutor of the Republic and the Deputy Chief Public
Prosecutor of the Republic of the High Court of Appeals shall be regulated by
law in accordance with the principles of the independence of courts and the
security of tenure of judges.
‎‎‎
Article 155 ‎‎‎ Council of State
(۱) The Council of State is the last instance for reviewing decisions and
judgements given by administrative courts and which are 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.
(۲) The Council of State shall try administrative cases٫ give its opinions on
draft legislation submitted by the Prime Minister and the Council of Ministers٫
examine draft regulations and the conditions and contracts under which
concessions are granted٫ settle administrative disputes and disc‎harrrge other
duties as prescribed by law.
(۳) Three-fourths of the members of the Council of State shall be appointed by
the Supreme Council of Judges and Public Prosecutors from among the first
category administrative judges and public prosecutors٫ or those considered to
be of this profession;‎‎‎ and the remaining one-fourth of the members by the
President of the Republic from among officials meeting the requirements
designated by law.
(۴) The president٫ chief public prosecutor٫ deputy president٫ and heads of
division of the Council of State shall be elected by the Plenary 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.
(۵) The organisation٫ the functioning٫ the qualifications and procedures of
election of the president٫ the chief public prosecutor٫ the deputy presidents
and the heads of division and the members of the Council of State٫ 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.
‎‎‎
Article 156 ‎‎‎ Military High Court of Appeals
(۱) The Military High Court of Appeals is the last instance for reviewing
decisions and judgements given by military courts. It shall also be the first
and last instance for dealing with specific cases designated by law concerning
military personnel.
(۲) Members of the Military High Court of Appeals shall be appointed by the
President of the Republic from among three candidates nominated for each vacant
office by the Plenary Assembly of the Military High Court of Appeals from among
military judges of the first category٫ by secret ballot and by an absolute
majority of the total number of members.
(۳) The president٫ chief public prosecutor٫ second presidents and heads of
division of the Military High Court of Appeals shall be appointed according to
rank and seniority from among the members of the Military High Court of
Appeals.
(۴) The organisation٫ the functioning of the Military High Court of Appeals٫
and disciplinary and personnel matters relating to the status of its members
shall be regulated by law in accordance with the principles of the independence
of the courts and the security of tenure of judges and with the requirements of
military service.
‎‎‎
Article 157 ‎‎‎ High Military Administrative Court of Appeals
(۱) The High Military Administrative Court of Appeals shall be the first and
last instance for the judicial supervision of disputes arising from
administrative acts and actions involving military personnel or relating to
military service٫ even if such acts and actions have been carried out by
civilian authorities. However٫ in disputes arising from the obligation to
perform military service٫ there shall be no condition that the person concerned
be a member of the military body.
(۲) Members of the High Military Administrative Court of Appeals who are
military judges shall be appointed by the President of the Republic from a list
of three candidates nominated for each vacant office by the president and
members of the Court٫ who are also military judges٫ by secret ballot and by an
absolute majority of the total number of such members٫ from among military
judges of the first category;‎‎‎ members who are not military judges shall be
appointed by the President of the Republic from a list of three candidates
nominated for each vacant office by the Chief of the General Staff from among
officers holding the rank and qualifications prescribed by law.
(۳) The term of office of members who are not military judges shall not exceed
four years.
(۴) The president٫ chief public prosecutor and head of division of the Court
shall be appointed from among military judges according to rank and seniority.
(۵) The organisation and functioning of the High Military Administrative Court٫
its procedure٫ disciplinary affairs and other matters relating to the status of
its members shall be regulated by law in accordance with the principles of the
independence of the courts and the security of tenure of judges within the
requirements of military service.
‎‎‎
Article 158 ‎‎‎ Jurisdictional Conflict Court
(۱) The Jurisdictional Conflict Court shall be empowered to deliver final
judgements in disputes between courts of justice٫ and administrative and
military courts concerning their jurisdiction and decisions.
(۲) The organisation of the Jurisdictional Conflict Court٫ the qualifications
of its members and the procedure for their election٫ 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.
(۳) Decisions of the Constitutional Court shall take precedence in
jurisdictional disputes between the Constitutional Court and other courts.
‎‎‎
Article 159 ‎‎‎ Supreme Council of Judges and Public Prosecutors
(۱) The Supreme Council of Judges and Public Prosecutors shall be established
and shall exercise its functions in accordance with the principles of the
independence of the courts and the security of tenure of judges.
(۲) The President of the Council is the Minister of Justice. The Undersecretary
to the Minister of Justice shall be an ex- officio member of the Council. Three
regular and three substitute members of the Council shall be appointed by the
(۳) President of the Republic for a term of four years from a list of three
candidates nominated for each vacant office by the Plenary Assembly of the High
Court of Appeals from among its own members and two regular and two substitute
members shall be similarly appointed from a list of three candidates nominated
for each vacant office by the Plenary Assembly of the Council of State. They
may be re-elected at the end of their term of office. The Council shall elect a
deputy president from among its elected regular members.
(۴) The Supreme Council of Judges and Public Prosecutors shall deal with the
admission of judges and public prosecutors of courts of justice and of
administrative courts into the profession٫ appointments٫ transfers to other
posts٫ the delegation of temporary powers٫ promotion٫ and promotion to the
first category٫ the allocation of posts٫ decisions 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
an office of judge or public prosecutor٫ or changes in the jurisdiction of a
court. It shall also exercise the other functions given to it by the
Constitution and laws.
(۵) There shall be no appeal to any judicial instance against the decisions of
the Council.
(۶) The functioning of the Council and methods of performing its duties٫ the
procedure governing election and working methods٫ the principles relating to
the examination of ob‎jectttions within the Council shall be regulated by law.
(۷) The Minister of Justice is empowered to appoint judges and public
prosecutors with their consent٫ to temporary or permanent functions in the
central offices of the Ministry of Justice.
(۸) The Minister of Justice may٫ in cases where delay is deemed prejudicial٫
confer temporary powers on judges or public prosecutors to prevent the
disruption of services٫ subject to the approval of the Supreme Council of
Judges and Public Prosecutors at its first meeting thereafter.
‎‎‎
Article 160 ‎‎‎ Audit Court
(۱) The Audit Court shall be c‎harrrged with auditing٫ on behalf of the Turkish
Grand National Assembly٫ all the accounts relating to the revenue٫ expenditure
and property of government departments financed by the general and subsidiary
budgets٫ with taking final decisions on the acts and accounts of the
responsible officials٫ and with exercising the functions required of it by law
in matters of inquiry٫ auditing and judgment. Parties concerned may file a
single request for reconsideration of a final decision of the Audit Court
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.
(۲) In the event of a dispute between the Council of State and the Audit Court
concerning decisions on matters of taxation or similar financial obligations
and duties٫ the decision of the Council of State shall take precedence.
(۳) The organisation٫ functioning and auditing procedure of the Audit Court٫
the qualifications٫ appointment٫ duties and powers٫ rights and obligations of
its members٫ other matters relating to their personal status٫ and the security
of tenure of the president and members shall be regulated by law. The procedure
for auditing٫ on behalf of the Turkish Grand National Assembly٫ of State
property in possession of the Armed Forces shall be regulated by law in
accordance with the principles of secrecy required by National Defence.
‎‎‎

Part Four -‎–‎- Financial and Economic Provisions
‎‎‎

Chapter One -‎–‎- Financial Provisions
‎‎‎
Article 161 ‎‎‎ Preparation and Implementation of the Budget
(۱) The expenditures of the State and those of public corporations other than
State economic enterprises shall be determined by annual budgets.
(۲) The beginning of the fiscal year and the preparation and implementation of
the general and subsidiary budgets shall be defined by law.
(۳) The law may prescribe special periods and procedures for investments
relating to development plans٫ or for business and services expected to last
more than one year.
(۴) No provisions other than those pertaining to the budget shall be included
in the Budget Act.
‎‎‎
Article 162 ‎‎‎ Debate on the Budget
(۱) The Council of Ministers shall submit the draft of general and subsidiary
budgets and the report containing the national budgetary estimates to the
Turkish Grand National Assembly at least seventy-five days before the beginning
of the fiscal year.
(۲) The draft budgets and the reports shall be considered by the Budget
Committee٫ which shall be composed of forty members. In the composition of this
Committee٫ the proportional representation of the various political party
groups and independent members in the Assembly٫ shall be taken into
consideration subject to the allocation of at least twenty-five seats to
members of the party or parties in power.
(۳) Draft budget٫ which shall be adopted by the Budget Committee within
fifty-five days shall thereafter be considered by the Assembly and shall be
decided on before the beginning of the fiscal year.
(۴) Members of the Turkish Grand National Assembly shall express their opinions
on ministerial٫ departmental and subsidiary budgets during the debates held in
Plenary Session on each budget as a whole;‎‎‎ the various headings and motions
for amendments shall be read out and put to the vote without separate debate.
(۵) During debates in the plenary session on the draft Budget Act٫ members of
the Turkish Grand National Assembly shall not make proposals which entail an
increase in expenditure or a decrease in revenue.
‎‎‎
Article 163 ‎‎‎ Principles Governing Budgetary Amendments
The appropriations granted under the general and subsidiary budgets shall
indicate the limit of expenditure allowed. No provisions shall be included in
the budget to the effect that the limit of expenditure may be exceeded in
pursuance of a decision of the Council of Ministers. The Council of Ministers
shall not be empowered to amend the budget by a decree h‎avinggg force of law.
In draft amendments entailing an increase in appropriations under the budget
for the current fiscal year and٫ in draft laws and law proposals providing for
additional financial commitments in the budgets for the current or following
year٫ the financial resources which would meet the stated expenditure shall be
indicated.
‎‎‎
Article 164 ‎‎‎ Final Account
(۱) Draft final accounts shall be submitted to the Turkish Grand National
Assembly by the Council of Ministers within seven months of the end of the
relevant fiscal year٫ unless a shorter period is prescribed by law. The Audit
Court shall submit its notice of conformity to the Turkish Grand National
Assembly within seventy-five days of the submission of the draft final accounts
in question.
(۲) The draft final accounts shall be placed on the agenda of the Budget
Committee together with the Draft Budget Act for the new fiscal year. The
Budget Committee shall submit the draft Budget Act to the Plenary Assembly in
conjunction with the draft final accounts;‎‎‎ the Plenary Assembly shall
consider٫ and decide on the draft final accounts in conjunction with the draft
Budget Act for the new fiscal year.
(۳) The submission of the draft final accounts and the notice of conformity to
the Turkish Grand National Assembly shall not preclude the auditing of accounts
for the relevant year which have not already been dealt with by the Audit Court
and shall not indicate that a final decision has been taken on these accounts.
‎‎‎
Article 165 ‎‎‎ Auditing of State Economic Enterprises
The principles governing the auditing٫ by the Turkish Grand National Assembly
of the accounts of public establishments and partnerships in which more than
half of the capital directly or indirectly belongs to the State٫ shall be
regulated by law.
‎‎‎

Chapter Two -‎–‎- Economic Provisions
‎‎‎
Article 166 ‎‎‎ Planning
(۱) The planning of economic٫ social and cultural development٫ in particular
the speedy٫ balanced and harmonious development of industry and agriculture
throughout the country٫ and the efficient use of national resources on the
basis of detailed analysis and assessment and the establishment of the
necessary organisation for this purpose are the duties of the State.
(۲) Measures to increase national thriftiness and production٫ to ensure
stability in prices and balance in foreign trade transactions٫ to promote
investment and employment٫ shall be included in the plan;‎‎‎ in investments٫
public benefit and requirements shall be taken into account;‎‎‎ the efficient
use of resources shall be aimed at. Development activities shall be realised
according to this plan.
(۳) The procedure and principles governing the preparation of development
plans٫ their approval by the Turkish Grand National Assembly٫ their
implementation and their revision٫ and of the prevention of amendments liable
to affect the unity of the plan shall be regulated by law.
‎‎‎
Article 167 ‎‎‎ Supervision of Markets and Regulation of Foreign Trade
(۱) The State shall take measures to ensure and promote the sound٫ orderly
functioning of the money٫ credit٫ capital٫ goods and services markets;‎‎‎ and
shall prevent the formation٫ in practice or by agreement٫ of monopolies and
cartels in the markets.
(۲) In order to regulate foreign trade for the benefit of the economy of the
country٫ the Council of Ministers may be empowered by law to introduce or lift
additional financial impositions on imports٫ exports and other foreign
transactions in addition to tax and similar impositions.
‎‎‎
Article 168 ‎‎‎ Exploration and Exploitation of Natural Resources
Natural wealth and resources shall be placed under the control of٫ and put at
the disposal of the State. The right to explore and exploit resources belongs
to the State. The State may delegate this right to individuals or public
corporations for specific periods. Of the natural wealth and resources٫ those
to be explored and exploited by the State in partnership with individuals or
public corporations٫ and those to be directly explored and exploited by
individuals or public corporations shall be subject to the explicit permission
of the law. The conditions to be observed in such cases by individuals and
public corporations٫ the procedure and principles governing supervision and
control by the State٫ and the sanctions to be applied shall be prescribed by
law.
‎‎‎
Article 169 ‎‎‎ Protection and Development of Forests
(۱) The State shall enact the necessary legislation and take the necessary
measures for the protection of forests and the extension of their areas. Forest
areas destroyed by fire shall be reafforested;‎‎‎ other agricultural and
stock-breeding activities shall not be allowed in such areas٫ All forests shall
be under the care and supervision of the State.
(۲) The ownership of State forests shall not be transferred to others. State
forests shall be managed and exploited by the State in accordance with the law.
Ownership of these forests cannot be acquired through prescr‎iptttion٫ nor
shall servitude other than that in the public interest be imposed in respect of
such forests.
(۳) Acts and actions which might damage forests shall not be permitted. No
political propaganda which might lead to the destruction of forests shall be
made;‎‎‎ no amnesties or pardons specifically granted for offences against
forests shall be legislated. Offences committed with the intention of burning
or destroying forests or reducing forest areas shall not be included within the
scope of amnesties or pardons on other occasions.
(۴) The restraining of forest boundaries shall be prohibited٫ except in respect
of areas whose preservation as forests is considered technically and
scientifically useless٫ but whose conversion into agricultural land has been
found definitely advantageous٫ and in respect of fields٫ vineyards٫
orc‎harrrds٫ olive groves or similar areas which technically and scientifically
ceased to be forest before 31 December 1981 and whose use for agricultural or
stock-breeding purposes has been found advantageous٫ and in respect of built-up
areas in the vicinity of cities٫ towns or villages.
‎‎‎
Article 170 ‎‎‎ Protection of the Inhabitants of Forest Villages
(۱) Measures shall be introduced by law to secure co-operation between the
State and the inhabitants of villages located in or near forests in the
supervision and exploitation of forests for the purpose of ensuring their
conservation and improving the living conditions of their inhabitants;‎‎‎ the
law shall also regulate the development of areas which technically and
scientifically ceased to be forests before 31 December 1981٫ the identification
of areas whose preservation as forest is considered technically and
scientifically useless٫ their exclusion from forest boundaries٫ their
improvement by the State for the purpose of settling all or some of the
inhabitants of forest villages in them٫ and their allocation to these villages.
(۲) The State shall take measures to facilitate the acquisition٫ by these
inhabitants٫ of farming equipment and other inputs.
(۳) The land owned by villagers resettled outside a forest shall immediately be
reafforested as a State forest.
‎‎‎
Article 171 ‎‎‎ Promotion of Cooperatives
The State shall take measures٫ in keeping with national and economic interests٫
to promote the development of cooperatives٫ which shall be primarily designed
to increase production and protect consumers.
‎‎‎
Article 172 ‎‎‎ Protection of Consumers
The State shall take measures to protect and inform consumers;‎‎‎ shall
encourage their initiatives to protect themselves.
‎‎‎
Article 173 ‎‎‎ Protection of Small Traders and Craftsmen
The State shall take measures to protect and support small traders and
craftsmen.
‎‎‎

Part Five -‎–‎- Miscellaneous Provisions
‎‎‎
Article 174 ‎‎‎ Preservation of Reform Laws
No provision of the Constitution shall be construed or interpreted as rendering
unconstitutional the Reform Laws indicated below٫ which aim to raise Turkish
society above the level of contemporary civilisation and to safeguard the
secular c‎harrracter of the Republic٫ and which were in force on the date of
the adoption by referendum of the Constitution of Turkey.
۱. Act No. 430 of 3 March 1340 (1924) on the Unification of the Educational
System;‎‎‎
۲. Act No. 671 of 25 November 1341 (1925) on the Wearing of Hats;‎‎‎
۳. Act No. 677 of 30 November 1341 (1925) on the Closure of Dervish Convents
and Tombs٫ the Abolition of the Office of Keeper of Tombs and the Abolition and
Prohibition of Certain Titles;‎‎‎
۴. The principle of civil marriage according to which the marriage act shall be
concluded in the presence of the competent official٫ adopted with the Turkish
Civil Code No. 743 of 17 February 1926٫ and Article 110 of the Code;‎‎‎
۵. Act No. 1288 of 20 May 1928 on the Adoption of International Numerals:
۶. Act No. 1353 of 1 November 1928 on the Adoption and Application of the
Turkish Alphabet;‎‎‎
۷. Act No 2590 of 26 November 1934 on the Abolition of Titles and Appellations
such as Efendi٫ Bey or Pasa;‎‎‎
۸. Act No. 2596 of 3 December 1934 on the Prohibition of the Wearing of Certain
Garments.
‎‎‎

Part Six -‎–‎- Provisional Articles
{ The provisional articles have not been included into the ICL edition. }

‎‎‎

Part Seven -‎–‎- Final Provisions
‎‎‎
Article 175 ‎‎‎ Amendment of the Constitution٫ Participation in Elections and
Referenda
(۱) The constitutional amendment shall be proposed in writing by at least
one-third of the total number of members of the Turkish Grand National
Assembly. Proposals to amend the Constitution shall be debated twice in the
Plenary Session. The adoption of a proposal for an amendment shall require a
three-fifths majority of the total number of members of the Assembly by a
secret ballot.
(۲) The consideration and adopting of proposals for the amendment of the
Constitution shall be subject to the provisions governing the consideration and
adoption of legislation٫ with the exception of the conditions set forth in this
article.
(۳) The President of the Republic may refer the laws related to the
Constitutional amendments for further consideration. If the Assembly adopts the
draft law referred by the President by a two-thirds majority٫ the President may
submit the law to referendum.
(۴) If a law is adopted by a three-fifths or less than two-thirds majority of
the total number of votes of the Assembly and is not referred by the President
for further consideration٫ it shall be published in the Official Gazette and
shall be submitted to referendum.
(۵) A law on the Constitutional amendment adopted by a two-thirds majority of
the total number of members of the Turkish Grand National Assembly directly or
if referred by the President for further consideration٫ or its articles as
considered necessary may be submitted to a referendum by the President. Laws or
related articles of the Constitutional amendment not submitted to referendum
shall be published in the Official Gazette.
(۶) Laws related to Constitutional amendment which are submitted to referendum٫
shall require the approval of more than half of the valid votes cast.
(۷) The Turkish Grand National Assembly٫ in adopting the laws related to the
Constitutional amendment٫ shall also decide on which provisions shall be
submitted to referendum together and which shall be submitted individually.
(۸) Every measure including fines shall be taken to secure participation in
referenda٫ general٫ by-elections and local elections.
‎‎‎
Article 176 ‎‎‎ Preamble and Headings of Articles
(۱) The Preamble٫ which states the basic views and principles underlying the
Constitution٫ shall form an integral part of the Constitution.
(۲) The headings of articles merely indicate the subject matter of the
articles٫ their order٫ and the connections between them. These headings shall
not be regarded as a part of the text of the Constitution.
‎‎‎
Article 177 ‎‎‎ Entry into Force of the Constitution
(۱) On its adoption by referendum and its publication in the Official Gazette٫
this Constitution shall become the Constitution of the Republic of Turkey and
shall come into force in its entirety٫ subject to the following exceptions and
the provisions relating to their entry into force:
a. -‎–‎- The provisions of Part II٫ Chapter II relating to personal liberty٫
to security٫ the press٫ publication and the media٫ and the right to freedom of
assembly.
-‎–‎- The provisions of Chapter III٫ relating to labour٫ collective
agreements٫ the right to strike٫ and lockout.
-‎–‎- These provisions shall come into force when the relevant legislation is
promulgated٫ or when the existing legislation is amended٫ and at the latest٫
when the Turkish Grand National Assembly assumes its functions. However until
their entry into force٫ existing legislation and the decrees and decisions of
the Council of National Security shall apply.
b. -‎–‎- The provisions of Part II relating to political parties and the right
to engage in political activities٫ shall come into force on the promulgation of
the new Political Parties Act٫ which is to be prepared in accordance with these
provisions.
-‎–‎- The right to vote and stand for election shall come into force on the
promulgation of the Elections Act٫ also to be prepared in accordance with these
provisions.
c. The provisions of part III٫ relating to legislative power:
These provisions shall come into force on the proclamation of the results of
the first general elections. However٫ the provisions relating to the functions
and powers of the Turkish Grand National Assembly which take place in this
section shall be exercised by the Council of National Security until the
Turkish Grand National Assembly assumes its functions٫ the provisions of Act
No. 2485 of 29 June 1981 on the Constituent Assembly being reserved.
d. The provisions of Part III relating to the functions and powers of the
President of the Republic and to the State Supervisory Council under the
heading “President of the Republic”;‎‎‎ to regulations٫ National Defence٫
procedures governing emergency rule under the heading “Council of Ministers”;
‎‎‎ to all other provisions under the heading “Administration”٫ except local
administration٫ and except the Atatürk High Institution of Culture٫ Language
and History;‎‎‎ and all the provisions relating to the judiciary power٫ except
the Courts of the Security of the State٫ shall come into force on publication
in the Official Gazette of the adoption by referendum of the Constitution. The
provisions relating to local administrations and to the Courts for State
Security shall come into force on the promulgation of the relevant legislation.
e. If new legislation٫ or amendments to existing legislation are required in
connection with the constitutional provisions which are to come into force on
the proclamation of the adoption by referendum of the Constitution or in
connection with existing or future institutions٫ organisations and agencies٫
the procedure to be followed shall be subject to those provisions of existing
laws which are not unconstitutional٫ or to the provisions of the Constitution٫
in accordance with Article 11 of the Constitution.
(۲) The second paragraph of Article 164 regulating the procedure for the
consideration of draft final accounts shall come into force in 1984.

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© ۱۹۹۴ – Mar 11st٫ ۲۰۰۴ / For corrections please contact A. Tschentscher.
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