Constitution of TURKEY

BEGINNING

This Constitution, which determines the eternal existence of the Turkish Homeland and Nation and the indivisible unity of the Glorious Turkish State, is in line with the concept of nationalism and his reforms and principles determined by the founder of the Republic of Turkey, the immortal leader and unparalleled hero Atatürk;

As an honorable member with equal rights of the family of world nations, we are determined to achieve the eternal existence, prosperity, material and spiritual happiness of the Republic of Türkiye and to reach the level of contemporary civilization;

The absolute supremacy of the will of the nation, that sovereignty belongs unconditionally to the Turkish Nation and that no person or institution authorized to exercise it on behalf of the nation can deviate from the liberal democracy set forth in this Constitution and the legal order established by its requirements;

The separation of powers does not mean an order of superiority among State organs, but is a civil division of labor and cooperation limited to the exercise of certain State powers and duties, and that superiority is found only in the Constitution and laws;

No activity can be protected against Turkish national interests, the principle of the indivisibility of Turkish existence with its State and territory, the historical and spiritual values of Turkishness, Atatürk’s nationalism, principles and reforms and civilization, and as required by the principle of secularism, sacred religious feelings can never be mixed with State affairs and politics;

Every Turkish citizen has the inherent right and authority to live an honorable life within the national culture, civilization and legal order, benefiting from the fundamental rights and freedoms set forth in this Constitution in accordance with the requirements of equality and social justice, and to develop his material and spiritual existence in this direction;

Whereas Turkish citizens collectively share in national pride and pride, national joys and sorrows, rights and duties towards the national existence, blessings and burdens and all manifestations of national life, they have the right to demand a peaceful life with absolute respect for one another’s rights and freedoms, with mutual sincere affection and feelings of brotherhood and with the desire and belief in “Peace at home, peace in the world”;

To be understood with its IDEAS, BELIEF AND DECISION, to be interpreted and implemented with respect and absolute loyalty to its word and spirit.

It is entrusted and entrusted BY THE TURKISH NATION to the love of the homeland and nation of the Turkish sons and daughters who are in love with democracy.

PART ONE

GENERAL PRINCIPLES

1. Form of the State

Article 1 – The State of Turkey is a Republic.

Characteristics of the Second Republic

Article 2 – The Republic of Turkey is a democratic, secular and social state governed by the rule of law, with an understanding of social peace, national solidarity and justice, respecting human rights, loyal to Atatürk’s nationalism, and based on the fundamental principles set forth in the preamble.

III. Integrity of the State, Official language, flag, national anthem and capital

Article 3 – The Turkish State, with its territory and nation, is an indivisible whole. Its language is Turkish.

Its flag is the red flag with a white crescent and star, as specified in its form law.

Its national anthem is the “Independence March”.

Its capital is Ankara.

1. Provisions that cannot be changed

Article 4 – The provision in Article 1 of the Constitution regarding the form of the State as a Republic, the provisions in Article 2 regarding the characteristics of the Republic, and the provisions in Article 3 cannot be changed, nor can any amendment be proposed.

1. Fundamental purposes and duties of the state

Article 5 – The fundamental purposes and duties of the State are to protect 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 individuals and society; to remove political, economic and social obstacles that limit the fundamental rights and freedoms of individuals in a way incompatible with the principles of justice and the social state governed by the rule of law, and to strive to create the necessary conditions for the development of the material and spiritual existence of man.

1. Sovereignty

Article 6 – Sovereignty belongs unconditionally to the Nation.

The Turkish Nation exercises its sovereignty through its authorized bodies in accordance with the principles set forth in the Constitution.

The exercise of sovereignty cannot be delegated to any person, group, or class under any circumstances. No person or body may exercise state authority that does not derive its authority from the Constitution.

VII. Legislative power

Article 7 – Legislative power belongs to the Turkish Grand National Assembly on behalf of the Turkish Nation. This power cannot be delegated.

VIII. Executive authority and duty

Article 8 – Executive power and duties are exercised and performed by the President (…) in accordance with the Constitution and the laws.

1. Jurisdiction

Article 9 – Judicial power is exercised by independent and impartial courts on behalf of the Turkish Nation.

1. Equality before the law

Article 10 – Everyone is equal before the law without discrimination based on language, race, color, gender, political opinion, philosophical belief, religion, sect or similar grounds.

(Additional paragraph: 7/5/2004-5170/1 art.) Women and men have equal rights. The state is obligated to ensure that this equality is implemented in practice. (Additional sentence: 7/5/2010-5982/1 art.) Measures taken for this purpose cannot be interpreted as contrary to the principle of equality.

(Additional paragraph: 7/5/2010-5982/1 art.) Measures to be taken for children, the elderly, the disabled, the widows and orphans of war and duty martyrs, the disabled and veterans shall not be deemed to be contrary to the principle of equality.

No privilege can be granted to any person, family, group or class.

State bodies and administrative authorities must act in accordance with the principle of equality before the law in all their transactions (…).

1. The binding force and superiority of the Constitution

Article 11 – The provisions of the Constitution are the fundamental legal rules that bind the legislative, executive and judicial bodies, administrative authorities and other institutions and individuals.

Laws cannot contradict the Constitution.

PART TWO

FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER ONE

General Provisions

1. The nature of fundamental rights and freedoms

Article 12 – Everyone has fundamental rights and freedoms that are inviolable, inalienable and indispensable and are attached to his or her personality.

Fundamental rights and freedoms also include the duties and responsibilities of the individual towards society, his family and other individuals.

1. Restriction of fundamental rights and freedoms

Article 13 – (Amended: 3/10/2001-4709/2 art.)

Fundamental rights and freedoms may be limited only by law, without prejudice to their essence, and only for the reasons specified in the relevant articles of the Constitution. Such limitations cannot contravene the letter and spirit of the Constitution, the requirements of a democratic social order and a secular Republic, or the principle of proportionality.

III. No abuse of fundamental rights and freedoms 

Article 14 – (Amended: 3/10/2001-4709/3 art.)

None of the rights and freedoms enshrined in the Constitution may be used in activities aimed at disrupting the indivisible integrity of the State with its territory and nation and at eliminating the democratic and secular Republic based on human rights.

None of the provisions of the Constitution can be interpreted in a way that would enable the State or individuals to engage in activities aimed at the destruction of the fundamental rights and freedoms recognized by the Constitution or to restrict them more broadly than those specified in the Constitution.

The sanctions to be applied to those who act contrary to these provisions are regulated by law.

1. Suspension of the exercise of fundamental rights and freedoms

Article 15 – In times of war, mobilization (…) or state of emergency, the exercise of fundamental rights and freedoms may be partially or completely suspended to the extent required by the situation, or measures contrary to the guarantees stipulated in the Constitution may be taken, provided that obligations arising from international law are not violated.

In the cases specified in the first paragraph, except for deaths resulting from acts in accordance with the law of war (…) , the right to life and the integrity of one’s material and spiritual existence cannot be violated; no one can be forced to reveal their religion, conscience, thoughts and opinions and cannot be accused of them; crimes and punishments cannot be applied retroactively; no one can be considered guilty until their guilt is established by a court decision.

1. The situation of foreigners

Article 16 – Fundamental rights and freedoms for foreigners may be restricted by law in accordance with international law.

CHAPTER TWO

Rights and Duties of the Person

1. Inviolability, material and spiritual existence of the person

Article 17 – Everyone has the right to life and to protect and develop their material and spiritual existence.

Except for medical necessity and in cases specified by law, a person’s physical integrity cannot be violated; he/she cannot be subjected to scientific and medical experiments without his/her consent.

No one can be tortured or tormented; no one can be subjected to a punishment or treatment incompatible with human dignity.

(…) Acts of killing that occur in cases of self-defense, in the execution of arrest and detention orders, in the prevention of the escape of a detainee or convict, in the suppression of an uprising or rebellion (…) or in cases where the use of weapons is permitted by law during the execution of orders given by the competent authority in states of emergency, are excluded from the provision of the first paragraph.

1. Ban on forced labor

Article 18 – No one shall be subjected to forced labor. Forced labor is prohibited.

Work performed during periods of conviction or detention, the forms and conditions of which are regulated by law; services required from citizens in states of emergency; and physical and intellectual work in the nature of civic duty in areas necessitated by the needs of the country are not considered forced labor.

III. Personal liberty and security

Article 19 – Everyone has the right to liberty and security of person.

The form and conditions are specified in the law:

No one may be deprived of his liberty except in the following cases: the execution of sentences and security measures imposed by the courts restricting liberty; the arrest or detention of a person concerned as a requirement of a court decision or an obligation prescribed by law; the execution of a decision for the rehabilitation of a minor under supervision or for his appearance before a competent authority; the execution of a measure taken in accordance with the principles set out in law for the treatment, education or rehabilitation in an institution of a mentally ill person who poses a danger to society, a person addicted to drugs or alcohol, a vagrant or a person who may spread disease; the capture or detention of a person who attempts to enter or has entered the country illegally, or against whom a deportation or extradition order has been issued.

Persons with strong evidence of guilt may be arrested only by a judge’s order to prevent escape, destruction, or tampering with evidence, or in other circumstances requiring arrest and specified by law. Arrest without a judge’s order may only be made in the event of red-handed conduct or in cases where delay would be detrimental; the law specifies the conditions for such arrest.

Persons who are caught or arrested must be informed of the reasons for their arrest or detention and the allegations against them, in writing or, if this is not immediately possible, verbally, and in the case of collective crimes, at the latest until they are brought before a judge.

(Amended first sentence: 3/10/2001-4709/4 art.) The person apprehended or arrested shall be brought before a judge within forty-eight hours at the latest, excluding the time required for transfer to the nearest court to the place of detention, and within four days at the most for crimes committed in groups. No one may be deprived of their liberty after these periods have elapsed without a judge’s decision. These periods may be extended in states of emergency (…) and war.

(Amended paragraph: 3/10/2001-4709/4 art.) The person’s arrest or detention shall be immediately notified to his/her relatives.

Detained persons have the right to be tried within a reasonable time and to be released pending investigation or prosecution. Release may be subject to safeguards to ensure the person’s attendance at the hearing or execution of the sentence.

A person whose liberty has been restricted, for whatever reason, has the right to apply to a competent judicial authority in order to ensure that a decision is made about his/her situation in a short time and to ensure that he/she is released immediately if the restriction is unlawful.

(Amended: 3/10/2001-4709/4 art.) Damages suffered by persons subjected to a procedure outside these principles shall be paid by the State in accordance with the general principles of compensation law.

1. Confidentiality and protection of private life

1. Privacy

Article 20 – Everyone has the right to demand respect for their private and family life. The confidentiality of private and family life shall not be violated. (Repealed third sentence: 3/10/2001-4709/5 art.)

(Amended paragraph: 3/10/2001-4709/5 art.) No one’s person, personal papers, or belongings may be searched or seized unless there is a duly issued judge’s decision based on one or more of the following grounds: national security, public order, the prevention of crime, the protection of public health and morals, or the protection of the rights and freedoms of others; or, in cases where delay is permissible due to these grounds, unless there is a written order from an authority authorized by law. The decision of the competent authority shall be submitted to the competent judge for approval within twenty-four hours. The judge shall announce his/her decision within forty-eight hours of the seizure; otherwise, the seizure shall be automatically lifted.

(Additional paragraph: 7/5/2010-5982/2 art.) Everyone has the right to request the protection of their personal data. This right includes being informed about their personal data, accessing it, requesting its correction or deletion, and learning whether it is being used for its intended purpose. Personal data may only be processed in cases prescribed by law or with the individual’s explicit consent. The principles and procedures regarding the protection of personal data are regulated by law.

1. Residence immunity

Article 21 – (Amended: 3/10/2001-4709/6 art.)

No one’s home may be violated. No one’s home may be entered, searched, or seized unless there is a duly issued judge’s decision based on one or more of the following grounds: national security, public order, the prevention of crime, the protection of public health and morals, or the protection of the rights and freedoms of others; or, in cases where delay is permissible due to these grounds, without a written order from an authorized authority authorized by law. The decision of the authorized authority must be submitted to the competent judge for approval within twenty-four hours. The judge must announce his or her decision within forty-eight hours of the seizure; otherwise, the seizure shall be automatically lifted.

1. Freedom of communication

Article 22 – (Amended: 3/10/2001-4709/7 art.)

Everyone has the right to freedom of communication. The confidentiality of communication is essential.

Communications may not be intercepted and their confidentiality may not be violated unless there is a duly issued judge’s decision based on one or more of the following grounds: national security, public order, the prevention of crime, the protection of public health and morals, or the protection of the rights and freedoms of others; or, in cases where delay is permissible due to these reasons, unless there is a written order from an authorized authority authorized by law. The authorized authority’s decision shall be submitted to the competent judge for approval within twenty-four hours. The judge shall announce his or her decision within forty-eight hours; otherwise, the decision shall automatically be annulled.

The public institutions and organizations to which the exceptions will apply are specified in the law.

1. Freedom of residence and movement

Article 23 – Everyone has the right to freedom of residence and movement.

Freedom of residence, to prevent crime, to ensure social and economic development, to ensure healthy and orderly urbanization and to protect public property;

Freedom of movement, for the purpose of investigating and prosecuting crimes and preventing crimes;

Its purposes may be limited by law.

(Amended paragraph: 7/5/2010-5982/3 art.) The citizen’s freedom to go abroad can only be restricted by a judge’s decision due to a criminal investigation or prosecution.

Citizens cannot be deported or deprived of their right to enter the country.

1. Freedom of religion and conscience

Article 24 – Everyone has the right to freedom of conscience, religious belief and conviction.

Worship, religious ceremonies and rituals are free provided that they do not violate the provisions of Article 14.

No one can be forced to worship, participate in religious ceremonies and rituals, or express their religious beliefs and convictions; they cannot be condemned or accused because of their religious beliefs and convictions.

Religious and moral education and instruction is conducted under the supervision and control of the State. Religious culture and moral instruction are compulsory subjects taught in primary and secondary education institutions. Other religious education and instruction is subject to the individual’s own request, and for minors, at the request of their legal guardian.

No one may exploit or misuse religion or religious feelings or things considered sacred by religion in any way for the purpose of basing the social, economic, political or legal order of the State, even partially, on religious rules or for the purpose of gaining political or personal benefit or influence.

VII. Freedom of thought and opinion

Article 25 – Everyone has the right to freedom of thought and opinion.

No one can be forced to express their thoughts and opinions for any reason or purpose, and cannot be condemned or accused because of their thoughts and opinions.

VIII. Freedom of expression and dissemination of thought

Article 26 – Everyone has the right to express and disseminate their thoughts and opinions, either individually or collectively, through speech, writing, images, or other means. This freedom also includes the freedom to receive or impart information and ideas without interference from official authorities. This paragraph does not preclude the licensing of broadcasts made through radio, television, cinema, or similar means.

The exercise of these freedoms may be restricted for the purposes of national security, public order, public safety, the protection of the fundamental characteristics of the Republic and the indivisible integrity of the State with its territory and nation, the prevention of crimes, the punishment of criminals, the non-disclosure of information duly declared as a State secret, the protection of the reputation or rights of others, their private and family lives or professional secrets prescribed by law, or the proper performance of judicial duties.

(Repealed paragraph: 3/10/2001-4709/9 art.)

Regulatory provisions regarding the use of means of disseminating news and ideas shall not be deemed to be a restriction on the freedom of expression and dissemination of thought, provided that they do not prevent their publication.

( Additional paragraph: 3/10/2001-4709/9 art.) The form, conditions and procedures to be applied in the exercise of the freedom of expression and dissemination of thought are regulated by law.

1. Freedom of science and art

Article 27 – Everyone has the right to freely learn and teach science and art, to explain and disseminate them, and to conduct all kinds of research in these fields.

The right of dissemination cannot be used to amend the provisions of Articles 1, 2 and 3 of the Constitution.

The provision of this article does not prevent the entry and distribution of foreign publications into the country from being regulated by law.

1. Provisions regarding the press and publication

1. Freedom of the press

Article 28 – The press is free and cannot be censored. Establishing a printing house cannot be made subject to obtaining permission or paying a financial guarantee.

(Repealed second paragraph: 3/10/2001-4709/10 art.)

The State shall take measures to ensure freedom of the press and information.

In limiting freedom of the press, the provisions of Articles 26 and 27 of the Constitution shall apply.

Those who write or print, or for the same purpose print or distribute to others, any news or writing that threatens the internal and external security of the State, its indivisible unity with its territory and nation, or that incites crimes, rebellions or insurrection, or that relates to confidential information belonging to the State, are liable under the provisions of law for these crimes. Distribution may be prevented by a precautionary measure by a judge’s decision, or, in cases where delay is deemed permissible, by an order of an authority expressly authorized by law. The competent authority preventing distribution shall notify the competent judge of its decision within twenty-four hours. If the competent judge does not approve the decision within forty-eight hours, the decision to prevent distribution shall be deemed null and void.

In order to fulfill the purpose of the judicial duty, within the limits specified by law, no publication ban can be imposed on the events, without prejudice to the decisions made by the judge.

Periodicals and non-periodicals may be seized by order of a judge if an investigation or prosecution of crimes specified by law has already begun. In cases where delay would be detrimental to the protection of the indivisible integrity of the State with its territory and nation, national security, public order, and general morality, or to the prevention of crimes, the order of an authority expressly authorized by law may be seized. The competent authority issuing the seizure order shall notify the competent judge of its decision within twenty-four hours; if the judge does not approve the decision within forty-eight hours, the seizure order shall be deemed null and void.

General provisions apply to the seizure and confiscation of periodical or non-periodical publications due to criminal investigation or prosecution.

Periodicals published in Türkiye may be temporarily closed by court order if they are convicted of publications that violate the indivisible integrity of the State with its territory and nation, the fundamental principles of the Republic, national security, or public morality. Any publication that is clearly a continuation of the closed periodical is prohibited; these publications are subject to confiscation by court order.

1. Periodical and non-periodical publication rights

Article 29 – Periodical or non-periodical publication cannot be made subject to prior permission and the payment of a financial guarantee.

To publish a periodical, it is sufficient to submit the information and documents required by law to the authorized authority specified in the law. If such information and documents are determined to be unlawful, the authorized authority may apply to the court to halt publication.

The publication of periodicals, their publication conditions, their financial resources, and the principles governing the journalistic profession are regulated by law. The law cannot impose political, economic, financial, or technical conditions that prevent or hinder the free dissemination of news, ideas, or opinions.

Periodicals benefit from the means and resources of the State and other public legal entities or their affiliated institutions on an equal basis.

1. Protection of press equipment

Article 30- (Amended: 7/5/2004-5170/4 art.)

Printing houses and their annexes and press equipment established as press enterprises in accordance with the law cannot be seized or confiscated or prevented from operating on the grounds that they are instruments of crime.

1. The right to benefit from mass communication tools other than the press owned by public legal entities

Article 31 – Individuals and political parties have the right to benefit from mass communication and publication means, other than the press, owned by public legal entities. The conditions and procedures for such benefit are regulated by law.

(Amended paragraph: 3/10/2001-4709/11 art.) The law cannot impose restrictions that prevent the public from receiving news through these means, from reaching ideas and opinions, and from freely forming public opinion, except for reasons of national security, public order, protection of public morality and health.

1. Right to rectification and reply

Article 32 – The right to rectification and reply is only recognized and regulated by law in cases where the dignity and honor of individuals are violated or false publications are made about them.

If the correction or reply is not published, the judge will decide whether it needs to be published within seven days from the date of application of the person concerned.

1. Rights and freedoms of assembly

1. Freedom of association

Article 33 – (Amended: 3/10/2001-4709/12 art.)

Everyone has the freedom to establish associations and to become a member or withdraw from membership without prior permission.

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

Freedom of association may only be restricted by law and for reasons of national security, public order, prevention of crime, protection of public health and morality, and the freedom of others.

The form, conditions and procedures to be applied in the exercise of the freedom of association are specified in the law.

Associations may be closed or suspended from activity by a judge’s decision in cases provided for by law. However, if delay is necessary for national security, public order, or to prevent or apprehend a crime, an authority may be authorized by law to suspend an association from activity. This authority’s decision must be submitted to the competent judge for approval within twenty-four hours. The judge must announce his or her decision within forty-eight hours; otherwise, this administrative decision shall automatically cease to be effective.

The provision of the first paragraph does not prevent the imposition of restrictions by law on members of the Armed Forces and law enforcement agencies and on civil servants to the extent required by their duties.

The provisions of this article also apply to foundations.

Right to organize meetings and demonstrations

Article 34 – (Amended: 3/10/2001-4709/13 art.)

Everyone has the right to organize unarmed and peaceful meetings and demonstrations without prior permission.

The right to assembly and demonstration may only be restricted by law for the purposes of national security, public order, prevention of crime, protection of public health and morality, or the rights and freedoms of others.

The form, conditions and procedures to be applied in exercising the right to organize meetings and demonstrations are specified in the law.

XII. Right to property

Article 35 – Everyone has the rights of property and inheritance.

These rights may only be limited by law for the public good.

The exercise of property rights cannot be contrary to the public interest.

XIII. Provisions regarding the protection of rights 

1. Freedom to seek rights

Article 36 – Everyone has the right to claim and defend themselves as plaintiff or defendant before judicial authorities, using legitimate means and methods, and to a fair trial.

No court can avoid hearing a case within its jurisdiction.

1. Legal judge assurance

Article 37 – No one can be brought before any authority other than the court to which he or she is legally subject.

Extraordinary authorities with jurisdiction that would result in bringing a person before a court other than the one to which he is legally subject cannot be established.

1. Principles regarding crimes and punishments

Article 38 – No one can be punished for an act that was not considered a crime by the law in force at the time it was committed; no one can be given a heavier penalty than the penalty established for that crime by law at the time the crime was committed.

The above paragraph also applies to the statute of limitations for crimes and penalties and the consequences of criminal convictions.

Penalties and security measures that replace penalties can only be imposed by law.

No one can be considered guilty until proven guilty by law.

No one can be forced to make a statement or give evidence incriminating himself or his relatives as specified by law.

(Additional paragraph: 3/10/2001-4709/15 art.) Findings obtained illegally cannot be accepted as evidence. 

Criminal liability is personal. 

(Additional paragraph: 3/10/2001-4709/15 art.) No one can be deprived of his freedom solely because of his failure to fulfil a contractual obligation.

(Additional paragraph: 3/10/2001-4709/15 art.; Repealed paragraph: 7/5/2004-5170/5 art.)

(Amended tenth paragraph: 7/5/2004-5170/5 art.) Death penalty and general confiscation cannot be imposed.

The administration may not impose a sanction that results in a restriction of personal liberty. Exceptions to this provision may be provided by law for the purposes of the internal order of the Armed Forces.

(Amended last paragraph: 7/5/2004-5170/5 art.) Except for the obligations required by being a party to the International Criminal Court, a citizen cannot be extradited to a foreign country due to a crime.

XIV. Right to proof

Article 39 – In defamation lawsuits filed against individuals holding public office or service based on allegations made in connection with the performance of that duty or service, the defendant has the right to prove the truth of the accusation. In other cases, acceptance of the request for proof is contingent upon the public interest in determining whether the act alleged is true or the complainant’s consent to proof.

1. Protection of fundamental rights and freedoms

Article 40 – Everyone whose rights and freedoms recognized by the Constitution are violated has the right to request that they be provided with the opportunity to appeal to the competent authority without delay.

(Additional paragraph: 3/10/2001-4709/16 art.) The State must specify in its transactions which legal remedies and authorities the relevant persons will apply to and the time limits.

Damages suffered by individuals as a result of unjust acts committed by public officials shall be compensated by the State in accordance with the law. The State reserves the right to recourse against the responsible official.

CHAPTER THREE

Social and Economic Rights and Duties

1. Family protection and children’s rights

Article 41 – Family is the foundation of Turkish society and is based on equality between spouses.

The State shall take the necessary measures and establish the necessary organization to ensure the peace and welfare of the family, especially the protection of the mother and children, and the education and implementation of family planning.

(Additional paragraph: 7/5/2010-5982/4 art.) Every child has the right to benefit from protection and care, and to establish and maintain personal and direct relations with his/her mother and father, unless it is clearly contrary to his/her best interests.

(Additional paragraph: 7/5/2010-5982/4 art.) The State takes protective measures against all kinds of abuse and violence against children.

1. The right and duty to education and training

Article 42 – No one can be deprived of the right to education and training.

The scope of the right to education is determined and regulated by law.

Education and training shall be conducted in accordance with Atatürk’s principles and reforms, in accordance with contemporary scientific and educational principles, under the supervision and control of the State. Educational institutions that violate these principles may not be opened.

Freedom of education and training does not eliminate the obligation of loyalty to the Constitution.

Primary education is compulsory for all citizens, both boys and girls, and is free in public schools.

The principles to which private primary and secondary schools are subject are regulated by law in accordance with the level desired to be reached by state schools.

(Additional paragraph: 9/2/2008-5735/2 art.; Cancellation: By the decision of the Constitutional Court dated 5/6/2008 and numbered E.: 2008/16, K.: 2008/116.)

The state provides scholarships and other forms of assistance to enable successful students without financial resources to continue their education. The state takes measures to ensure that those who need special education due to their circumstances benefit society.

In educational institutions, only activities related to education, training, research, and analysis may be conducted. These activities cannot be prevented in any way.

No language other than Turkish may be taught as a mother tongue to Turkish citizens in educational institutions. The foreign languages to be taught in educational institutions and the principles to which schools offering foreign language education are subject are regulated by law. The provisions of international agreements are reserved.

III. Public interest

1. Benefiting from the coasts

Article 43 – Coasts are under the sovereignty and disposal of the State.

Public interest is primarily taken into consideration in the use of sea, lake and river shores and the coastlines surrounding the sea and lake shores.

The depth of the coasts and shorelines, depending on their intended use, and the possibilities and conditions for people to benefit from these areas are regulated by law.

1. Land ownership

Article 44 – The State shall take the necessary measures to protect and improve the productive use of land, prevent its loss through erosion, and provide land for farmers who are landless or insufficiently cultivated. For this purpose, the law may determine the extent of land available to farmers in different agricultural regions and types. Providing land to farmers who are landless or insufficiently cultivated shall not result in a reduction in production, shrinkage of forests, or other depletion of soil and groundwater resources.

Land distributed for this purpose cannot be divided or transferred to others except by inheritance, and may only be cultivated by the farmers to whom it was distributed and their heirs. In the event of a loss of these conditions, the principles governing the repurchase of the distributed land by the State shall be regulated by law.

1. Protection of agriculture, animal husbandry and workers in these branches of production

Article 45 – The State facilitates the provision of operating tools and equipment and other inputs for those engaged in agriculture and animal husbandry in order to prevent the misuse and destruction of agricultural lands, meadows and pastures, and to increase plant and animal production in accordance with the principles of agricultural production planning.

The state takes the necessary measures to ensure that plant and animal products are evaluated and their true value is transferred to the producer.

1. Expropriation

Article 46 – (Amended: 3/10/2001-4709/18 art.)

The State and public legal entities are authorized to expropriate all or part of privately owned real estate and establish administrative easements on it in accordance with the principles and procedures specified by law, provided that the actual compensation is paid in advance, when the public interest requires it.

The expropriation price and the finalized increase price are paid in cash and upfront. However, the payment method for land expropriated for agricultural reform, major energy and irrigation projects, and settlement projects, the cultivation of new forests, coastal protection, and tourism purposes is regulated by law. In these cases where the law may stipulate payment in installments, the installment period cannot exceed five years; in such cases, the installments are paid in equal installments.

The price of expropriated land belonging to small farmers who directly operate that land is invariably paid in advance.

The highest interest rate for public receivables shall be applied for the installments stipulated in the second paragraph and for expropriation prices not paid for any reason.

1. Nationalization and Privatization

Article 47 – Private enterprises that provide public services may be nationalized in cases where the public interest requires it.

Nationalization is carried out based on the actual value. The method and procedures for calculating the actual value are regulated by law.

(Additional paragraph: 13/8/1999-4446/1 art.) The principles and procedures regarding the privatization of enterprises and assets owned by the State, public economic enterprises and other public legal entities are determined by law.

(Additional paragraph: 13/8/1999-4446/1 art.) Which of the investments and services carried out by the state, public economic enterprises and other public legal entities can be made or transferred to real persons or legal entities through private law contracts? determined by law.

1. Freedom of work and contract

Article 48 – Everyone has the freedom to work and contract in any field they choose. They are free to establish private enterprises.

The State shall take measures to ensure that private enterprises operate in accordance with the requirements of the national economy and social goals and operate in security and stability.

1. Provisions regarding work

1. The right and duty to work

Article 49 – Work is everyone’s right and duty.

(Amended paragraph: 3/10/2001-4709/19 art.) The State shall take the necessary measures to raise the standard of living of employees, to protect employees and the unemployed in order to improve working life, to support work, to create an economic environment conducive to preventing unemployment and to ensure labor peace.

(Repealed paragraph: 3/10/2001-4709/19 art.)

1. Working conditions and the right to rest

Article 50 – No one can be employed in jobs that are not suitable for their age, gender and strength.

Minors, women and those with physical or mental disabilities are specially protected in terms of working conditions.

Employees have the right to rest.

The rights and conditions for paid weekly and public holidays and paid annual leave are regulated by law.

1. The right to form a union

Article 51 – (Amended: 3/10/2001-4709/20 art.)

Employees and employers have the right to establish unions and other higher organizations, to freely join them, and to freely resign from membership, without prior permission, to protect and advance the economic and social rights and interests of their members in labor relations. No one may be forced to join or resign from a union.

The right to establish a union may only be restricted by law and for reasons of national security, public order, prevention of crime, general health and morality, and the protection of the rights and freedoms of others.

The form, conditions and procedures to be applied in exercising the right to establish a union are specified in the law.

(Repealed fourth paragraph: 7/5/2010-5982/5 art.)

The scope, exceptions and limits of the rights of public officials who are not workers are regulated by law in accordance with the nature of the service they perform.

The statutes, management and operations of unions and their parent organisations cannot be contrary to the fundamental characteristics of the Republic and the principles of democracy.

1. Union activity

Article 52 – (Repealed: 23/7/1995-4121/3 art.)

1. Collective bargaining, the right to strike and lockout

1. Collective labor agreement and the right to collective bargaining

Article 53 – Workers and employers have the right to conclude collective bargaining agreements in order to regulate their mutual economic and social situations and working conditions.

The procedure for making a collective bargaining agreement is regulated by law.

(Additional paragraph: 23/7/1995-4121/4 art.; Repealed third paragraph: 7/5/2010-5982/6 art.) 

( Repealed fourth paragraph: 7/5/2010-5982/6 art.)

( Additional paragraph: 7/5/2010-5982/6 art.) Civil servants and other public officials have the right to make collective agreements.

( Additional paragraph: 7/5/2010-5982/6 art.) In the event of a dispute during the collective bargaining process, the parties may appeal to the Public Officials Arbitration Board. The decisions of the Public Officials Arbitration Board are final and have the force of a collective bargaining agreement.

( Additional paragraph: 7/5/2010-5982/6 art.) The scope of the right to collective bargaining, its exceptions, those who will benefit from collective bargaining, the way collective bargaining is made, its procedure and its enforcement, the reflection of the provisions of collective bargaining to retirees, the formation of the Public Officials Arbitration Board, its working procedures and principles and other matters are regulated by law.

1. Right to strike and lockout

Article 54 – Workers have the right to strike in the event of a dispute during the conclusion of a collective bargaining agreement. The procedures, conditions, scope, and exceptions for exercising this right and for the employer to resort to a lockout are regulated by law.

The right to strike and lockout cannot be exercised in a manner contrary to the rules of good faith, to the detriment of society, or in a manner that would destroy national wealth.

(Repealed third paragraph: 7/5/2010-5982/7 art.)

The situations and workplaces where strikes and lockouts can be prohibited or postponed are regulated by law.

In cases where strikes and lockouts are prohibited or postponed, the dispute shall be resolved by the Supreme Arbitration Board at the end of the postponement. The parties may, by mutual consent, appeal to the Supreme Arbitration Board at any stage of the dispute. The decisions of the Supreme Arbitration Board are final and have the force of a collective bargaining agreement.

The establishment and duties of the Supreme Arbitration Board are regulated by law.

(Repealed seventh paragraph: 7/5/2010-5982/7 art.)

Those who do not participate in the strike cannot be prevented from working at the workplace by those who participate in the strike.

VII. Ensuring justice in wages

Article 55 – Wage is the reward for labor.

The state takes the necessary measures to ensure that employees receive a fair wage appropriate to the work they do and benefit from other social benefits.

(Amended paragraph: 3/10/2001-4709/21 art.) In determining the minimum wage, the living conditions of the employees and the economic situation of the country are taken into consideration.

VIII. Health, environment and housing

1. Health services and environmental protection

Article 56 – Everyone has the right to live in a healthy and balanced environment.

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

The State shall ensure that everyone lives their lives in physical and mental health, and that health institutions are planned and provided services centrally, with the aim of achieving cooperation by increasing savings and efficiency in human and material resources.

The state fulfills this duty by utilizing and supervising health and social institutions in the public and private sectors.

General health insurance can be established by law to ensure widespread provision of health services.

1. Right to housing

Article 57 – The state takes measures to meet the housing needs within a planning framework that takes into account the characteristics of cities and environmental conditions, and also supports mass housing initiatives.

1. Youth and sports

1. Protection of youth

Article 58 – The State shall take measures to ensure the training and development of the youth to whom our independence and Republic are entrusted, in the light of positive science, in line with Atatürk’s principles and reforms, and against views that aim to eliminate the indivisible unity of the State with its territory and nation.

The State shall take the necessary measures to protect young people from alcohol addiction, drug addiction, criminality, gambling and similar bad habits, and ignorance.

1. Sports development and arbitration

Article 59 – The State shall take measures to improve the physical and mental health of Turkish citizens of all ages and shall encourage the spread of sports among the masses.

The state protects successful athletes.

(Additional paragraph: 17/3/2011-6214/1 art.) Decisions made by sports federations regarding the management and discipline of sports activities may only be challenged through compulsory arbitration. Arbitration board decisions are final, and no appeal may be made to any judicial authority.

1. Social security rights

1. Right to social security

Article 60 – Everyone has the right to social security.

The state takes the necessary measures and establishes the organization to ensure this security.

1. Those that require special protection in terms of social security:

Article 61 – The State shall protect the widows and orphans of martyrs of war and duty, the disabled and veterans, and ensure a standard of living worthy of them in society.

The state takes measures to ensure the protection of disabled people and their integration into social life.

The elderly are protected by the State, and State aid and other rights and facilities to be provided to the elderly are regulated by law.

The state takes all kinds of measures to integrate children in need of protection into society.

It establishes or causes to be established the necessary organizations and facilities for these purposes.

1. Turkish citizens working in foreign countries

Article 62 – The State shall take the necessary measures to ensure the family unity, education of their children, cultural needs and social security of Turkish citizens working in foreign countries, to preserve their ties with the homeland and to assist them in their return to the country.

1. Protection of historical, cultural and natural assets

Article 63 – The State ensures the protection of historical, cultural and natural assets and values and takes supportive and encouraging measures for this purpose.

The limitations to be imposed on privately owned assets and values, and the aid and exemptions to be granted to the rightful owners, are regulated by law.

XII. Protection of art and artists

Article 64 – The State protects artistic activities and artists. It shall take the necessary measures to protect, appreciate, and support works of art and artists, and to spread the love of art.

XIII. Limits of the economic and social duties of the state

Article 65 – (Amended: 3/10/2001-4709/22 art.)

The State shall fulfil its duties determined by the Constitution in the social and economic fields, within the limits of its financial resources, taking into account priorities appropriate to the objectives of these duties.

CHAPTER FOUR

Political Rights and Duties

1. Turkish citizenship

Article 66 – Everyone who is bound to the Turkish State through citizenship is Turkish.

The child of a Turkish father or a Turkish mother is Turkish. (Repealed second sentence: 3/10/2001-4709/23 art.)

Citizenship is acquired under the conditions specified by law and is lost only in the cases specified by law.

No Turk can be deprived of citizenship unless he commits an act incompatible with loyalty to the homeland.

Legal remedies cannot be denied against decisions and procedures regarding denaturalization.

1. Rights to vote, be elected and engage in political activity

Article 67 – Citizens have the right to vote, to be elected, to engage in political activities independently or within a political party, and to participate in referendums in accordance with the conditions set forth in the law.

(Amended paragraph: 23/7/1995 – 4121/5 art.) Elections and referendums shall be held in accordance with the principles of free, equal, secret, single-stage, universal suffrage, open counting and tabulation, and under judicial management and supervision. However, the law shall determine applicable measures to ensure that Turkish citizens abroad can exercise their right to vote.

(Amended paragraph: 23/7/1995-4121/5 art.) Every Turkish citizen over the age of eighteen has the right to vote and participate in referendums.

The exercise of these rights is regulated by law.  

(Amended paragraph: 23/7/1995-4121/5 art.) Privates and non-commissioned officers under arms and military students, except those convicted of negligent crimes. Inmates in penal institutions cannot vote. The measures necessary for election security during voting in penal institutions and detention centers, as well as during the counting and tabulation of votes, are determined by the Supreme Election Council and are carried out under the on-site management and supervision of the designated judge.

(Additional paragraph: 23/7/1995-4121/5 art.) Election laws are drawn up in a way that reconciles the principles of justice in representation and stability in administration.

(Additional paragraph: 3/10/2001-4709/24 art.) Amendments made to the election laws shall not be applied to elections to be held within one year from the date of entry into force.

III. Provisions regarding political parties

1. Establishing a party, joining a party, and leaving a party

Article 68 – (Amended: 23/7/1995-4121/6 art.)

Citizens have the right to form political parties and to join and leave them in accordance with the procedures. To become a party member, one must be eighteen years of age or older.

Political parties are indispensable elements of democratic political life.

Political parties are established without prior permission and continue their activities within the provisions of the Constitution and the law.

The statutes, programs and actions of political parties cannot be contrary to the independence of the State, its indivisible integrity with its territory and nation, human rights, the principles of equality and the rule of law, national sovereignty, and the principles of the democratic and secular Republic; they cannot aim to defend or establish class or group dictatorship or any type of dictatorship; and they cannot encourage the commission of crimes.

Judges and prosecutors, members of higher judicial bodies including the Court of Accounts, civil servants of public institutions and organizations, other public officials who do not qualify as workers due to the services they perform, members of the Armed Forces and pre-university students cannot be members of political parties.

Membership of higher education faculty members in political parties can only be regulated by law. The law does not permit these members to hold positions outside the central bodies of political parties and specifies the principles to be followed by higher education faculty members who are party members in higher education institutions.

The principles regarding higher education students’ membership in political parties are regulated by law.

The State shall provide adequate and equitable financial assistance to political parties. The principles governing the assistance provided to parties, membership dues, and donations shall be regulated by law.

1. Principles to be followed by political parties

Article 69 – (Amended: 23/7/1995-4121/7 art.) 

The activities, internal party regulations, and operations of political parties shall comply with the principles of democracy. The implementation of these principles shall be regulated by law.

Political parties cannot engage in commercial activities.

The income and expenditures of political parties must be consistent with their objectives. The implementation of this rule is regulated by law. The Constitutional Court’s determination of the legality of political parties’ property acquisitions, income, and expenditures, the methods of auditing this matter, and the sanctions to be applied in the event of non-compliance are specified in the law. The Constitutional Court receives assistance from the Court of Accounts in carrying out this auditing duty. The decisions of the Constitutional Court following this audit are final.

The closure of political parties is decided upon by the Constitutional Court upon the lawsuit filed by the Chief Public Prosecutor of the Supreme Court of Appeals.

If the statute and programme of a political party are found to be in violation of the provisions of the fourth paragraph of Article 68, a decision to close it down permanently is made.

A political party may be permanently closed down for acts contrary to the provisions of the fourth paragraph of Article 68 only if the Constitutional Court determines that it has become a focal point for acts of this nature. (Additional sentence: 3/10/2001-4709/25 art.) A political party is deemed to have become a focal point for acts in question if acts of this nature are intensively committed by its members and if this is implicitly or explicitly adopted by the party’s grand congress, general chairman, central decision-making or administrative bodies, or the general assembly or executive board of a group in the Grand National Assembly of Turkey, or if these acts are committed directly and resolutely by the said party organs.

(Additional paragraph: 3/10/2001-4709/25 art.) Instead of permanent closure in accordance with the above paragraphs, the Constitutional Court may decide to partially or completely deprive the political party in question of State aid, depending on the gravity of the acts in question.

A party that has been permanently closed cannot be established under another name.

Members of a political party, including its founders, whose statements or activities cause it to be permanently closed down, cannot be founders, members, managers or auditors of another party for a period of five years, starting from the publication of the Constitutional Court’s final decision on permanent closure, with justification, in the Official Gazette.

Political parties that receive financial aid from foreign states, international organizations, and real or legal persons of non-Turkish nationality are permanently closed.

(Amended paragraph: 3/10/2001-4709/25 art.) The establishment and operation of political parties, their supervision, closure or partial or complete deprivation of state aid, as well as the election expenditures and procedures of political parties and candidates, are regulated by law within the framework of the above principles.

1. Right to enter public services

1. Entering into service

Article 70 – Every Turk has the right to enter public service.

No discrimination can be made in recruitment other than the qualifications required for the job.

1. Declaration of goods

Article 71 – The declaration of assets by those entering public service and the timeframes for repeating such declarations are regulated by law. Those serving in legislative and executive bodies are not exempt from this.

1. National service

Article 72 – National service is the right and duty of every Turk. The manner in which this service is to be performed, or deemed to have been performed, in the Armed Forces or the public sector is regulated by law.

1. Tax obligation

Article 73 – Everyone is obliged to pay taxes according to their financial means in order to meet public expenses.

The fair and balanced distribution of the tax burden is the social goal of fiscal policy.

Taxes, duties, fees and similar financial obligations are imposed, changed or abolished by law.

The President may be given the authority to make changes to the provisions regarding exemptions, exceptions, reductions and rates of taxes, duties, charges and similar financial obligations, within the upper and lower limits specified by law.

VII. Right to petition, to obtain information and to apply to the ombudsman

Article 74 – Citizens and, on the condition that the principle of reciprocity is observed, foreigners residing in Turkey have the right to submit written requests and complaints about themselves or the public to the competent authorities and the Turkish Grand National Assembly.

The results of the applications concerning them are notified to the petitioners in writing without delay.

(Repealed third paragraph: 7/5/2010-5982/8 art.)

(Additional paragraph: 7/5/2010-5982/8 art.) Everyone has the right to obtain information and apply to the ombudsman.

(Additional paragraph: 7/5/2010-5982/8 art.) The Ombudsman Institution, established under the Presidency of the Grand National Assembly of Turkey, examines complaints regarding the functioning of the administration.

(Additional paragraph: 7/5/2010-5982/8 art.) The Chief Ombudsman is elected by the Grand National Assembly of Turkey by secret ballot for a four-year term. A two-thirds majority of the total number of members is required for the first two ballots, and an absolute majority of the total number of members is required for the third ballot. If a simple majority is not achieved on the third ballot, a fourth ballot will be held for the two candidates receiving the most votes on this ballot; the candidate receiving the most votes on the fourth ballot will be elected.

(Additional paragraph: 7/5/2010-5982/8 art.) The manner in which the rights listed in this article are exercised, the establishment of the Ombudsman Institution, its duties, its work, the actions to be taken as a result of the investigation, and the procedures and principles regarding the qualifications, election and personnel rights of the Chief Ombudsman and ombudsmen are regulated by law.

PART THREE

FUNDAMENTAL BODIES OF THE REPUBLIC

CHAPTER ONE

Legislative

1. Turkish Grand National Assembly

1. Establishment:

Article 75 – (Amended: 23/7/1995-4121/8 art.)

The Turkish Grand National Assembly consists of six hundred deputies elected by universal suffrage.

1. Qualification to be elected as a Member of Parliament

Article 76 – Every Turk over eighteen years of age can be elected as a Member of Parliament.

Those who have not graduated from at least primary school, those with restrictions, those bound to the military, those banned from public service, those sentenced to a prison sentence of one year or more in total, excluding negligent crimes, or to heavy imprisonment; those convicted of disgraceful crimes such as embezzlement, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of faith, fraudulent bankruptcy; smuggling, tampering with official tenders and purchases, revealing state secrets, participating in terrorist acts, and inciting or encouraging such acts, cannot be elected as MPs, even if they are pardoned.

Judges and prosecutors, members of higher judicial bodies, faculty members at higher education institutions, members of the Council of Higher Education, civil servants of public institutions and organizations, other public officials who do not qualify as workers due to the services they perform, and members of the Armed Forces cannot be candidates or elected as members of parliament unless they resign from their duties.

1. Election period of the Turkish Grand National Assembly and the President

Article 77 – (Amended: 21/1/2017-6771/4 art.)

Turkish Grand National Assembly and Presidential elections are held on the same day every five years.

A member of parliament whose term has expired can be re-elected.

If the required majority is not achieved in the first ballot in the presidential election, a second ballot shall be held in accordance with the procedure in Article 101.

1. Postponement of elections and midterm elections

Article 78 – If it is deemed impossible to hold new elections due to war, the Turkish Grand National Assembly may decide to postpone the elections for one year.

If the reason for postponement has not been eliminated, this process may be repeated according to the procedure in the postponement decision.

In the event of a vacancy in the Grand National Assembly of Turkey, by-elections will be held. By-elections are held once per election cycle and cannot be held until thirty months have passed since the general election. However, if the number of vacancies reaches five percent of the total membership, by-elections will be held within three months.

A by-election cannot be held one year before a general election.

(Additional paragraph: 27/12/2002-4777/2 art.) Separately from the situations mentioned above, if a province or electoral district no longer has a member in the Turkish Grand National Assembly, a by-election shall be held on the first Sunday after ninety days following the vacancy. The provisions of the third paragraph of Article 127 of the Constitution shall not apply to elections held pursuant to this paragraph.

1. General management and supervision of elections

Article 79 – Elections are held under the general management and supervision of judicial bodies.

The Supreme Election Council is responsible for carrying out and ensuring all procedures related to the orderly and fair conduct of elections from the beginning until the end; for investigating and making final decisions on all cases of corruption, complaints, and objections related to election matters during and after the elections; and for accepting the election minutes of the members of the Turkish Grand National Assembly and the presidential election minutes. No appeal may be made to any other authority against the decisions of the Supreme Election Council.

The duties and powers of the Supreme Election Council and other election boards are regulated by law.

The Supreme Election Board consists of seven full members and four alternate members. Six of these members are elected by the General Assembly of the Court of Cassation and five by the General Assembly of the Council of State from among their own members by secret ballot, with a simple majority of their total membership. These members elect a president and a vice president from among themselves by secret ballot, with a simple majority.

Two alternate members are appointed to the Supreme Election Board from among members elected from the Court of Cassation and the Council of State through a drawing of votes. The President and Deputy President of the Supreme Election Board are not included in the drawing of votes.

The general management and supervision of the processes of submitting laws regarding constitutional amendments to referendum and electing the President by the people are also in accordance with the provisions applied in parliamentary elections.

1. Provisions regarding membership

1. Representation of the nation

Article 80 – Members of the Turkish Grand National Assembly represent the entire Nation, not the region from which they were elected or those who elected them.

2. Oath

Article 81 – Members of the Turkish Grand National Assembly shall take the following oath upon assuming office:

“I swear upon my honor and dignity before the great Turkish nation that I will protect the existence and independence of the State, the indivisible integrity of the homeland and the nation, and the unconditional sovereignty of the nation; that I will remain loyal to the rule of law, the democratic and secular Republic, and the principles and reforms of Atatürk; that I will not deviate from the ideal of everyone enjoying human rights and fundamental freedoms within the understanding of peace and prosperity of society, national solidarity and justice, and from loyalty to the Constitution.”

3. Work incompatible with membership

Article 82 – Members of the Grand National Assembly of Turkey cannot serve on the boards of directors and auditors of the State and other public legal entities and their affiliated organizations; in enterprises and partnerships in which the State or other public legal entities participate directly or indirectly; associations working for the public benefit whose special sources of income and special opportunities are provided by law, foundations that receive aid from the State and are tax exempt, professional organizations with the status of public institutions, unions and their parent organizations, and the enterprises or partnerships in which they participate; they cannot be their representatives; they cannot accept any contract directly or indirectly; they cannot act as representatives or arbitrators.

Members of the Turkish Grand National Assembly cannot be assigned to any official or private duty subject to the proposal, appointment, or approval of the executive body. (Repealed second sentence: 21/1/2017-6771/16 art.)

Other duties and duties incompatible with membership in the Turkish Grand National Assembly are regulated by law.

4. Legislative immunity

Article 83 – Members of the Grand National Assembly of Turkey cannot be held responsible for their votes and words during the Assembly’s proceedings, or for the ideas they put forward in the Assembly, or for repeating or revealing these outside the Assembly, unless the Assembly takes another decision upon the proposal of the Bureau of that session.

A member of parliament alleged to have committed a crime before or after an election cannot be detained, interrogated, arrested, or tried without a parliamentary decision. Cases of flagrant crime, which carry a serious penalty, and the situations stipulated in Article 14 of the Constitution, provided that an investigation has been initiated before the election, are exempt from this provision. However, in such cases, the competent authority must immediately and directly report the situation to the Turkish Grand National Assembly.

The execution of a criminal judgment against a member of the Turkish Grand National Assembly, before or after his/her election, is postponed until the termination of his/her membership status; the statute of limitations does not apply during the period of membership.

Investigation and prosecution of a re-elected MP is contingent on the Parliament lifting his/her immunity again.

Political party groups in the Turkish Grand National Assembly cannot discuss or make decisions regarding parliamentary immunity.

5. Removal of parliamentary membership

Article 84 – (Amended: 23/7/1995-4121/9 art.)

The loss of the parliamentary membership of a resigning deputy is decided by the General Assembly of the Grand National Assembly of Türkiye, after the validity of the resignation is determined by the Presidency of the Grand National Assembly of Türkiye.

The loss of parliamentary membership in case of a final conviction or restriction occurs when the final court decision on this matter is notified to the General Assembly.

According to Article 82, the General Assembly decides, by secret ballot, upon the report of the authorized commission ascertaining this situation, to terminate the membership of a member of parliament who insists on carrying out a duty or service incompatible with membership in parliament.

The termination of the membership of a member of parliament who does not attend the parliamentary proceedings for a total of five session days within a month without excuse or permission may be decided by the General Assembly with the vote of the absolute majority of the total number of members, after the situation is determined by the Assembly’s Presidency Council.

( Repealed last paragraph: 7/5/2010-5982/9 art.)

6. Cancellation request

Article 85 – (Amended: 23/7/1995-4121/10 art.)

If a decision to lift parliamentary immunity or revoke parliamentary membership has been made pursuant to the first, third, or fourth paragraphs of Article 84, the deputy in question or another deputy may, within seven days from the date of the decision of the General Assembly, appeal to the Constitutional Court to annul the decision on the grounds that it violates the Constitution, the law, or the Rules of Procedure. The Constitutional Court shall make a final decision on the annulment request within fifteen days.

7. Allowances and travel allowances

Article 86 – (Amended first sentence: 21/11/2001-4720/1 art.) The allowance, travel allowance and retirement procedures of the members of the Grand National Assembly of Turkey shall be regulated by law. The monthly allowance amount cannot exceed the amount received by the highest-ranking civil servant, and the travel allowance cannot exceed half of the allowance amount. Members of the National Assembly and their retirees are affiliated with the Republic of Turkey Retirement Fund, and those whose membership has expired may continue their affiliation upon their request.

Allowances and travel allowances to be paid to the members of the Turkish Grand National Assembly, It does not require the interruption of pensions and similar payments made by the Turkish Retirement Fund.

A maximum of three months of allowances and travel allowances can be paid in advance.

1. Duties and powers of the Turkish Grand National Assembly

1. In general

Article 87 – (Amended: 21/1/2017-6771/5 art.)

The duties and powers of the Grand National Assembly of Turkey are to enact, amend and repeal laws; to discuss and approve budget and final account bills; to decide on the printing of money and the declaration of war; to approve the ratification of international treaties; to decide on general and special amnesty by a three-fifths majority of the total number of members of the Grand National Assembly of Turkey; and to exercise the powers and fulfill the duties stipulated in other articles of the Constitution.

1. Proposal and discussion of laws

Article 88 – To propose laws (…) Members of parliament have authority.

The law (…) The procedures and principles for discussing the proposals in the Turkish Grand National Assembly are regulated by the internal regulations.

1. Publication of laws by the President

Article 89 – The President shall publish the laws passed by the Turkish Grand National Assembly within fifteen days.

shall return laws that it finds partially or completely unsuitable for publication to the Grand National Assembly of Turkey for reconsideration, along with the justification it provides, within the same period. ( Additional sentence: 3/10/2001-4709/29 art.) In the event of partial disapproval by the President, the Grand National Assembly of Turkey may only debate the articles deemed unsuitable. Budget laws are not subject to this provision.

If the Turkish Grand National Assembly approves the returned law as is by the absolute majority of the total number of members, the law is published by the President; if the Assembly makes a new amendment to the returned law, the President may send the amended law back to the Assembly.

Provisions regarding constitutional amendments are reserved.

1. Approval of international agreements

Article 90 – The ratification of treaties to be made with foreign states and international organizations on behalf of the Republic of Turkey is subject to the approval of the ratification by the Turkish Grand National Assembly through a law.

Agreements regulating economic, commercial, or technical relations, with a duration not exceeding one year, may be put into effect by publication, provided that they do not impose a burden on the State Treasury and do not affect the personal status or property rights of Turks in foreign countries. In such cases, these agreements must be submitted to the Turkish Grand National Assembly for information within two months of their publication.

Implementation agreements based on an international treaty and economic, commercial, technical or administrative agreements concluded on the basis of authority granted by law do not require approval by the Turkish Grand National Assembly; however, agreements concluded in accordance with this paragraph concerning economic, commercial or private rights cannot enter into force without publication.

The provision of the first paragraph shall be applied in the conclusion of any agreements that bring changes to Turkish law.

International agreements duly put into effect have the force of law. No appeal may be made to the Constitutional Court on the grounds that they are unconstitutional. (Additional sentence: 7/5/2004-5170/7 art.) In the event of a dispute arising from differing provisions on the same subject between international agreements duly put into effect concerning fundamental rights and freedoms and laws, the provisions of the international agreements shall prevail.

1. Authorization to issue decrees having the force of law

Article 91 – (Repealed: 21/1/2017-6771/16 art.)

1. Declaring a state of war and authorizing the use of armed force

Article 92 – The Grand National Assembly of Turkey has the authority to declare a state of war in cases deemed legitimate by international law and to authorize the sending of the Turkish Armed Forces to foreign countries or the presence of foreign armed forces in Turkey, except in cases required by international agreements to which Turkey is a party or by international rules of courtesy.

If the country is subject to a sudden armed attack while the Turkish Grand National Assembly is in recess or on recess and therefore the immediate use of armed force is unavoidable, the President may also decide to use the Turkish Armed Forces.

III. Provisions regarding the activities of the Turkish Grand National Assembly

1. Reunion and holiday

Article 93 – (Amended first paragraph: 23/7/1995-4121/11 art.) The Grand National Assembly of Turkey shall convene automatically on the first day of October every year.

The Assembly may adjourn for a maximum of three months in a legislative year; during the recess or recess (…) it is summoned to meet by the President.

The President of the Assembly also calls the Assembly to a meeting, either directly or upon the written request of one-fifth of the members.

In the Turkish Grand National Assembly, which convenes during a recess or recess, the recess or recess cannot continue without first discussing the issue that necessitates this meeting.

1. Presidential Council

Article 94 – The Bureau of the Grand National Assembly of Turkey consists of the Speaker of the Assembly, Deputy Speakers, Secretaries and Administrative Chiefs elected from among the members of the Assembly.

The Presidential Council is established to ensure that the political party groups in Parliament participate in the Council in proportion to their number of members. Political party groups cannot nominate candidates for the Presidency.

Two elections are held for the Presidency of the Grand National Assembly of Turkey during a legislative term. (Amended second sentence: 7/5/2010-5982/10 art.) The term of office of those first elected is two years, while the term of office of those elected for the second term continues until the end of that legislative term.

Candidates for the Speaker of the Grand National Assembly of Turkey shall be submitted to the Presidential Council from among the members of the Assembly within five days of the Assembly’s convening date. The election of the Speaker shall be conducted by secret ballot. A two-thirds majority of the total number of members shall be required for the first two ballots, and a simple majority of the total number of members shall be required for the third ballot. If a simple majority is not achieved on the third ballot, a fourth ballot shall be held for the two candidates receiving the most votes on this ballot; the member receiving the most votes on the fourth ballot shall be elected Speaker. The election of the Speaker shall be completed within five days of the end of the nomination period.

The number of Deputy Speakers, Secretaries and Administrative Officers of the Grand National Assembly of Türkiye, the election quorum, the number of votes and the procedures are determined in the Internal Regulations of the Assembly.

The Speaker and Deputy Speakers of the Grand National Assembly of Turkey cannot participate in the activities of the political party or party group of which they are members, inside or outside the Assembly, or in the Assembly debates, except in cases required by their duties; the Speaker and the Deputy Speaker who is presiding over the session cannot vote.

1. Internal regulations, political party groups and law enforcement affairs

Article 95 – The Turkish Grand National Assembly shall carry out its work in accordance with the provisions of its own internal regulations.

The provisions of the internal regulations shall ensure that political party groups participate in all activities of the Assembly in proportion to the number of their members. Political party groups shall consist of at least twenty members.

Law enforcement and administrative services in all buildings, facilities, annexes, and grounds of the Grand National Assembly of Turkey are organized and carried out by the Speaker of the Assembly. Adequate forces for security and other law enforcement services are allocated to the Speaker of the Assembly by the relevant authorities.

1. Quorum for meeting and decision

Article 96 – (Amended first paragraph: 31/5/2007 – 5678/3 art.) The Grand National Assembly of Turkey shall convene with at least one-third of its total membership for all its business, including elections. Unless otherwise provided in the Constitution, the Grand National Assembly of Turkey shall make decisions by a simple majority of the members present; however, the quorum for decision shall in no case be less than one-fourth of the total number of members plus one.

(Repealed second paragraph: 21/1/2017-6771/16 art.)

1. Openness and publication of discussions

Article 97 – The discussions in the General Assembly of the Turkish Grand National Assembly are open and published in full in the minutes journal.

The Grand National Assembly of Türkiye may hold closed sessions in accordance with the provisions of the Rules of Procedure, and the publication of the discussions in these sessions is subject to the decision of the Grand National Assembly of Türkiye.

The open discussions in the Assembly may be freely broadcast through any means, unless the Assembly takes another decision upon the proposal of the Presidential Board in that session.

1. Ways of obtaining information and control by the Turkish Grand National Assembly

(…)

Article 98 – (Amended: 21/1/2017-6771/6 art.)

The Turkish Grand National Assembly exercises its authority to obtain information and audit through parliamentary inquiries, general debates, parliamentary investigations and written questions.

A parliamentary inquiry is an investigation conducted to obtain information on a particular subject.

General debate is the discussion of a specific issue concerning society and state activities in the General Assembly of the Turkish Grand National Assembly.

The parliamentary investigation consists of the investigation conducted against the vice presidents and ministers in accordance with the fifth, sixth and seventh paragraphs of Article 106.

Written questions consist of members of parliament asking written questions to the Vice Presidents and ministers, to be answered in writing within fifteen days at the latest.

The manner, content and scope of parliamentary inquiry, general debate and written parliamentary questions, as well as the inquiry procedures, are regulated by the Parliamentary Rules of Procedure.

1. Interpellation

Article 99 – (Repealed: 21/1/2017-6771/16 art.)

1. Parliamentary investigation

Article 100 – (Repealed: 21/1/2017-6771/16 art.) 

CHAPTER TWO

Executive

1st President

1. Candidacy and election

Article 101 – (Amended: 21/1/2017-6771/7 art.)

The President is elected directly by the people from among Turkish citizens who are over forty years of age, have completed higher education, and are eligible to be elected as a member of parliament.

The President’s term of office is five years. A person may be elected President for a maximum of two terms.

Political party groups, political parties that have received at least five percent of the total valid votes, either individually or collectively, in the most recent general elections, and at least one hundred thousand voters may nominate candidates for the Presidency.

The membership of a member of parliament elected as President in the Grand National Assembly of Türkiye ends.

In an election conducted by universal suffrage, the candidate who receives a simple majority of the valid votes will be elected President. If this majority is not achieved in the first ballot, a second ballot will be held on the second Sunday following the previous ballot. The two candidates who received the most votes in the first ballot will participate in this ballot, and the candidate who receives the majority of the valid votes will be elected President.

If one of the candidates eligible to participate in the second ballot fails to participate for any reason, the second ballot will be held by replacing the vacant candidate according to the order in which they were elected in the first ballot. If only one candidate remains on the second ballot, the vote will be held in the form of a referendum. If the candidate receives an absolute majority of the valid votes, the President will be elected. If the candidate fails to receive a majority of the valid votes, only the Presidential election will be renewed.

If the elections are not completed, the current President continues to hold office until a new one takes office.

Other procedures and principles regarding presidential elections are regulated by law.

1. Selection

Article 102 – (Repealed: 21/1/2017-6771/16 art.)

1. Oath

Article 103 – The President, upon assuming his duties, shall take the following oath before the Grand National Assembly of Turkey:

“I swear upon my honor and dignity, in the presence of the Great Turkish Nation and history, that as President, I will protect the existence and independence of the State, the indivisible integrity of the homeland and the nation, and the unconditional sovereignty of the nation; that I will remain loyal to the Constitution, the rule of law, democracy, Atatürk’s principles and reforms, and the principle of the secular Republic; that I will not deviate from the ideal of the peace and prosperity of the nation, national solidarity, and justice, and that everyone should enjoy human rights and fundamental freedoms; that I will work with all my might to protect and exalt the glory and honor of the Republic of Turkey and to fulfill the duty I have assumed impartially.” 

1. Duties and powers

Article 104 – (Amended: 21/1/2017-6771/8 art.)

The President is the head of state. Executive power belongs to the President.

The President, as head of state, represents the Republic of Türkiye and the unity of the Turkish Nation; he ensures the implementation of the Constitution and the orderly and harmonious functioning of state organs.

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

Gives messages to the Parliament about the country’s domestic and foreign policy.

It publishes laws.

It sends the laws back to the Turkish Grand National Assembly for reconsideration.

It files a lawsuit in the Constitutional Court for the annulment of all or certain provisions of laws or the Rules of Procedure of the Grand National Assembly of Türkiye on the grounds that they are contrary to the Constitution in terms of form or substance.

The President appoints vice presidents and ministers and dismisses them from office.

It appoints high-level public administrators, terminates their duties, and regulates the procedures and principles regarding their appointment by Presidential decree.

It sends representatives of the Republic of Türkiye to foreign states and receives representatives of foreign states to be sent to the Republic of Türkiye.

It approves and promulgates international agreements.

It submits laws regarding constitutional amendments to a referendum if it deems necessary.

It determines national security policies and takes necessary measures.

Represents the Commander-in-Chief of the Turkish Armed Forces on behalf of the Turkish Grand National Assembly.

It decides to use the Turkish Armed Forces.

He commutes or repeals the sentences of people due to permanent illness, disability and old age.

The President may issue presidential decrees on matters related to his or her executive authority. The fundamental rights, individual rights, and duties stipulated in the first and second chapters of the second part of the Constitution, as well as the political rights and duties stipulated in the fourth chapter, cannot be regulated by presidential decree. A presidential decree cannot be issued on matters stipulated in the Constitution to be regulated exclusively by law. A presidential decree cannot be issued on matters expressly regulated by law. If the provisions of a presidential decree and laws differ, the provisions of the law shall apply. If the Grand National Assembly of Turkey enacts a law on the same subject, the presidential decree shall become null and void.

The President may issue regulations to ensure the implementation of the laws, provided that they do not conflict with them.

Decrees and regulations shall enter into force on the day they are published in the Official Gazette, unless a later date is determined.

The President also performs the selection and appointment duties and other duties and exercises the powers given in the Constitution and laws. 

1. Criminal liability of the President

Article 105 – (Amended: 21/1/2017-6771/9 art.)

An investigation may be initiated against the President on the grounds of alleged crime by a motion tabled by a simple majority of the total membership of the Grand National Assembly of Turkey. The Assembly shall discuss the motion within one month at the latest and may decide to initiate an investigation by a secret ballot of three-fifths of the total membership.

If a decision is made to launch an investigation, the investigation will be conducted by a fifteen-person commission, each party drawing a separate number of candidates from among three times the number of members the political parties in Parliament can nominate. The commission will submit its report outlining the investigation’s findings to the Speaker of Parliament within two months. If the investigation is not completed within this period, the commission will be given a new, definitive term of one month.

The report shall be distributed within ten days of its submission to the Presidency and shall be discussed in the General Assembly within ten days of its distribution. The Grand National Assembly of Turkey may, by secret ballot of two-thirds of its total membership, decide to refer a case to the Supreme Court. The Supreme Court trial shall be completed within three months. If it cannot be completed within this period, a one-time extension of three months shall be granted, at which time the trial shall be definitively concluded.

The President against whom an investigation has been launched cannot decide on an election.

The term of office of the President who is convicted by the Supreme Court of a crime that prevents him from being elected ends.

The provisions of this article shall also apply to crimes allegedly committed by the President during his term of office, even after his term ends.

1. Vice Presidents, Acting Presidents and Ministers

Article 106 – (Amended: 21/1/2017-6771/10 art.)

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

If the office of the President becomes vacant for any reason, a Presidential election will be held within forty-five days. Until a new President is elected, the Vice President shall act as President and exercise the powers of the President. If the general election is one year or less before the general election, the election for the Grand National Assembly of Turkey shall be renewed along with the Presidential election. If the general election is more than one year before the general election, the elected President shall continue in office until the election for the Grand National Assembly of Turkey. For the President who has completed the remaining term, this period shall not be counted as a term. Both elections shall be held simultaneously on the date of the general election for the Grand National Assembly of Türkiye.

In cases where the President temporarily leaves office due to reasons such as illness or going abroad, the Vice President shall act in his place and exercise the powers of the President.

Vice Presidents and ministers are appointed and dismissed by the President from among those eligible to be elected as members of parliament. Vice Presidents and ministers take an oath before the Grand National Assembly of Turkey as stipulated in Article 81. If a member of the Grand National Assembly of Turkey is appointed as a vice president or minister, their membership in the Grand National Assembly of Turkey terminates.

Vice Presidents and ministers are accountable to the President. An investigation may be initiated against Vice Presidents and ministers for alleged crimes related to their duties, with a motion tabled by a simple majority of the total number of members of the Grand National Assembly of Turkey. The Assembly shall discuss the motion within one month at the latest and may decide to initiate an investigation by a secret ballot of three-fifths of the total number of members.

If a decision is made to launch an investigation, the investigation will be conducted by a fifteen-person commission, each party drawing a separate number of candidates from among three times the number of members the political parties in Parliament can nominate. The commission will submit its report outlining the investigation’s findings to the Speaker of Parliament within two months. If the investigation is not completed within this period, the commission will be given a new, definitive term of one month.

The report shall be distributed within ten days of its submission to the Presidency and shall be discussed in the General Assembly within ten days of its distribution. The Grand National Assembly of Turkey may, by secret ballot of two-thirds of its total membership, decide to refer a case to the Supreme Court. The Supreme Court trial shall be completed within three months. If it cannot be completed within this period, a one-time extension of three months shall be granted, at which time the trial shall be definitively concluded.

The provisions of the fifth, sixth and seventh paragraphs shall apply to these persons after their term of office ends, in respect of the crimes they are alleged to have committed during their term of office.

The term of a Vice President or minister who is convicted of a crime that prevents him from being elected by the Supreme Court ends.

Vice presidents and ministers benefit from provisions regarding parliamentary immunity for crimes not related to their duties.

The establishment and abolition of ministries, their duties and powers, organizational structure and the establishment of central and provincial organizations are regulated by the Presidential decree.

1. General Secretariat of the President

Article 107 – (Repealed: 21/1/2017-6771/16 art.)

1. State Supervisory Board

Article 108 – In order to ensure the legality, orderly and efficient execution and development of the administration, the State Supervisory Board, established under the Presidency, shall, upon the request of the President, conduct all kinds of administrative investigations, examinations, research and audits in all public institutions and organizations and in all organizations in which more than half of the capital is held by these institutions and organizations, in professional organizations that are public institutions, in professional organizations of workers and employers at all levels, in associations and foundations beneficial to the public.

(…) Judicial bodies are outside the jurisdiction of the State Supervisory Board.

The Chairman and members of the State Supervisory Board are appointed by the President.

The functioning of the State Supervisory Board, the term of office of its members and other personnel matters are regulated by the Presidential decree.

1. Council of Ministers

1. Establishment

Article 109 – (Repealed: 21/1/2017-6771/16 art.)

1. Appointment to office and vote of confidence

Article 110 – (Repealed: 21/1/2017-6771/16 art.)

1. Vote of confidence during the mission

Article 111 – (Repealed: 21/1/2017-6771/16 art.)

1. Duty and political responsibility

Article 112 – (Repealed: 21/1/2017-6771/16 art.)

1. Establishment of ministries and ministers

Article 113 – (Repealed: 21/1/2017-6771/16 art.)

1. Interim Council of Ministers in the elections

Article 114 – (Repealed: 21/1/2017-6771/16 art.)

1. Regulations

Article 115 – (Repealed: 21/1/2017-6771/16 art.)

1. Renewal of the Turkish Grand National Assembly and Presidential elections

Article 116 – (Amended: 21/1/2017-6771/11 art.)

The Grand National Assembly of Türkiye may decide to hold new elections by a three-fifths majority of its total membership. In this case, the general elections for the Grand National Assembly of Türkiye and the presidential elections will be held together.

If the President decides to renew the elections, the general election of the Turkish Grand National Assembly and the Presidential election will be held together.

If the Parliament decides to hold new elections during the President’s second term, the President may run for office once more.

The powers and duties of the Assembly and the President, whose elections were decided to be renewed together, continue until the new Assembly and the President take office.

The term of office of the Parliament and the President elected in this way is five years.

1. National Defense

1. Commander-in-Chief and General Staff

Article 117 – The Commander-in-Chief is inseparable from the spiritual existence of the Turkish Grand National Assembly and is represented by the President.

The President is responsible to the Turkish Grand National Assembly for ensuring national security and preparing the Armed Forces for homeland defense.

The Chief of the General Staff, appointed by the President, is the commander of the Armed Forces and fulfills the duties of the Commander-in-Chief in war on behalf of the President.

(Repealed fourth paragraph: 21/1/2017-6771/16 art.)

(Repealed fifth paragraph: 21/1/2017-6771/16 art.)

2. National Security Council

Article 118 – (Amended first paragraph: 3/10/2001-4709/32 art.) The National Security Council is formed under the chairmanship of the President, consisting of the Vice Presidents, Ministers of Justice, National Defense, Interior, Foreign Affairs, Chief of the General Staff, and commanders of the Land, Naval and Air Forces.

Depending on the nature of the agenda, relevant ministers and individuals may be invited to Board meetings and their opinions may be taken.

(Amended first sentence: 3/10/2001-4709/32 Art.) The National Security Council shall inform the President of its recommendations and opinions regarding the determination, determination, and implementation of the State’s national security policy and the provision of necessary coordination. Decisions regarding measures deemed necessary by the Council to protect the existence and independence of the State, the integrity and indivisibility of the country, and the peace and security of society shall be evaluated by the President.

The agenda of the National Security Council is determined by the President, taking into account the recommendations of the Vice Presidents and the Chief of General Staff.

When the President is unable to attend, the National Security Council meets under the chairmanship of the Vice President.

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

III. State of emergency management

(…)

(…)

Article 119 – (Amended: 21/1/2017-6771/12 art.)

The President may declare a state of emergency throughout the country or in a region thereof for a period not exceeding six months in the event of war, the emergence of a situation necessitating war, mobilization, insurrection, a strong and active uprising against the homeland or the Republic, the spread of violent acts that endanger the indivisibility of the country and the nation internally or externally, the emergence of widespread violent acts aimed at abolishing the constitutional order or fundamental rights and freedoms, the serious deterioration of public order due to acts of violence, the emergence of a natural disaster or dangerous epidemic disease or a severe economic crisis.

The decision to declare a state of emergency is published in the Official Gazette on the day it is made and is submitted to the Turkish Grand National Assembly for approval on the same day.

If the Turkish Grand National Assembly is in recess, it is immediately summoned to meet; the Assembly may shorten, extend, or lift the state of emergency if it deems necessary.

At the President’s request, the Turkish Grand National Assembly may extend this period for a maximum of four months at a time. This four-month period shall not be required in cases of war.

In cases of emergency, the financial, property and work obligations to be imposed on citizens, how fundamental rights and freedoms will be restricted or temporarily suspended in line with the principles in Article 15, which provisions will be applied and how the procedures will be carried out, are regulated by law.

During states of emergency, the President may issue presidential decrees on matters necessitated by the state of emergency, without being subject to the limitations set forth in the second sentence of the seventeenth paragraph of Article 104. These decrees, having the force of law, shall be published in the Official Gazette and submitted to Parliament for approval on the same day.

Except when the Turkish Grand National Assembly cannot convene due to war or force majeure, Presidential decrees issued during a state of emergency shall be debated and decided upon by the Turkish Grand National Assembly within three months. Otherwise, the Presidential decree issued during a state of emergency shall automatically cease to be in force.

2. Declaration of a state of emergency due to the widespread occurrence of violence and serious disruption of public order

Article 120 – (Repealed: 21/1/2017-6771/16 art.)

3. Regulation regarding states of emergency

Article 121 – (Repealed: 21/1/2017-6771/16 art.)

1. Martial law, mobilization and state of war

Article 122 – (Repealed: 21/1/2017-6771/16 art.)

1. Administration

1. Principles of administration
2. Integrity of the administration and public legal personality

Article 123 – The administration, with its organization and duties, is a whole and is regulated by law.

The establishment and duties of the administration are based on the principles of centralized management and decentralized management.

Public legal personality is established by law or by presidential decree.

2. Regulations

Article 124 – The President, ministries and public legal entities may issue regulations to ensure the implementation of the laws and Presidential decrees concerning their areas of responsibility, provided that they do not conflict with them.

The law specifies which regulations will be published in the Official Gazette. 

1. Legal action

Article 125 – Legal action is available against all actions and proceedings of the administration. (Additional provision: 13/8/1999-4446/2 article) Concession terms and agreements concerning public services may provide for the resolution of disputes arising therefrom through national or international arbitration. International arbitration may only be resorted to for disputes that have a foreign element.

(…) (Additional sentence: 7/5/2010-5982/11 art.) (…) All kinds of severance decisions of the Supreme Military Council, except for promotion procedures and retirement due to lack of staff, are open to legal action.

In cases to be filed against administrative actions, the period begins from the date of written notification.

(Amended first sentence: 7/5/2010-5982/11 art.) Judicial authority is limited to the review of the legality of administrative actions and proceedings and may not be used as a review of expediency under any circumstances. No judicial decision may be made that restricts the performance of executive duties in accordance with the forms and principles set forth in the law, that constitutes an administrative action or procedure, or that abrogates discretionary authority.

If the implementation of an administrative act results in damage that is difficult or impossible to compensate for, and the administrative act is clearly unlawful, a stay of execution may be decided by stating the reason.

may limit the issuance of stay of execution orders in cases of emergency, (…) mobilization and war, as well as for reasons of national security, public order and public health.

The administration is liable to pay for the damages arising from its own actions and transactions.

1. Establishment of the administration
2. Central administration

Article 126 – Turkey is divided into provinces, and the provinces are divided into other graded divisions, based on the central administrative structure, geographical situation, economic conditions and the requirements of public services.

The administration of the provinces is based on the principle of delegation of authority.

To ensure efficiency and harmony in the delivery of public services, a central administrative organization encompassing multiple provinces may be established. The duties and powers of this organization shall be regulated by law.

2. Local administrations

Article 127 – Local administrations are public legal entities whose establishment principles are specified by law and whose decision-making bodies are elected by voters and are established to meet the local common needs of the people of the province, municipality or village.

The establishment, duties and powers of local administrations are regulated by law in accordance with the principle of decentralization.

(Amended paragraph: 23/7/1995-4121/12 art.) Elections for local administrations shall be held every five years in accordance with the principles in Article 67. (Repealed second sentence: 21/1/2017-6771/16 art.) The law may introduce special forms of administration for large settlements.

Objections to the acquisition of organ status by elected local government bodies, and their subsequent loss, are subject to judicial review. However, the Minister of the Interior may suspend local government bodies or their members, as a temporary measure pending final judgment, against whom investigation or prosecution has been initiated for a crime related to their duties.

The central administration has administrative tutelage authority over local administrations in accordance with the principles and procedures specified in the law, with the aim of carrying out local services in accordance with the principle of administrative integrity, ensuring unity in public duties, protecting the public interest and meeting local needs as required.

The establishment of unions among local governments, with the approval of the President, for the purpose of providing certain public services, their duties, powers, fiscal and law enforcement affairs, and their mutual ties and relations with the central government are regulated by law. These governments are provided with sources of income commensurate with their duties.

1. Provisions regarding public service officials

1. General principles

Article 128 – The essential and permanent duties required by the public services that the State, public economic enterprises and other public corporate bodies are obliged to carry out in accordance with the general administrative principles are carried out by civil servants and other public officials.

The qualifications, appointment, duties and powers, rights and obligations, salaries and allowances, and other personnel matters of civil servants and other public officials are regulated by law. (Additional sentence: 7/5/2010-5982/12 art.) However, collective agreement provisions regarding financial and social rights are reserved.

The training procedures and principles of senior managers are specifically regulated by law.

2. Duties and responsibilities, safeguards in disciplinary proceedings

Article 129 – Civil servants and other public officials are obliged to act in accordance with the Constitution and the laws.

Disciplinary punishment cannot be imposed on civil servants, other public officials, members of professional organizations with public institution status and their parent organizations unless they are given the right to defense.

(Amended third paragraph: 7/5/2010-5982/13 art.) Disciplinary decisions cannot be excluded from judicial review.

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

Compensation lawsuits arising from the faults committed by civil servants and other public officials while exercising their authority may only be filed against the administration, provided that recourse is made to them and in accordance with the form and conditions specified by law.

Opening criminal prosecutions against civil servants and other public officials for crimes they are alleged to have committed is subject to the permission of the administrative authority specified by law, with the exceptions specified by law.

1. Higher education institutions and their parent organizations

1. Higher education institutions

Article 130 – Universities with public legal personality and scientific autonomy, consisting of various units, are established by law by the State to provide education and training at various levels based on secondary education, conduct scientific research, publish and consultancy, and serve the country and humanity, with the aim of training manpower in line with the needs of the nation and the country within a system based on contemporary education principles.

Institutions of higher education may be established by foundations, subject to the supervision and control of the State, in accordance with the procedures and principles specified in the law, provided that they are not for profit purposes.

The law ensures that universities are spread evenly throughout the country.

Universities, their faculty members, and their assistants may freely engage in all forms of scientific research and publication. However, this authority does not grant them the freedom to engage in activities that are detrimental to the existence and independence of the State or the integrity and indivisibility of the nation and country.

Universities and their affiliated units are under the supervision and control of the State, and security services are provided by the State.

Rectors are selected and appointed by the President, and deans by the Council of Higher Education, in accordance with the procedures and principles determined by the law.

University management and supervisory bodies and teaching staff cannot be suspended from their duties by any means whatsoever by authorities other than the Council of Higher Education or the authorized bodies of universities.

The budgets prepared by universities are submitted to the Ministry of National Education after being examined and approved by the Council of Higher Education and are processed, put into effect and audited in accordance with the principles to which the central government budget is subject.

The establishment and functioning of higher education institutions, their organs, and their elections, duties, authorities, and responsibilities; the procedures for exercising the State’s right of supervision and control over universities; the duties, titles, appointment, promotion, and retirement of teaching staff; the training of teaching staff; the relations of universities and teaching staff with public institutions and other institutions; the levels and duration of education; admission to higher education; attendance and fees; principles regarding State aid; disciplinary and penal matters; financial affairs; personnel rights; the conditions to be observed by teaching staff; the assignment of teaching staff according to interuniversity needs; the conduct of education and training in freedom and security and in accordance with the requirements of contemporary science and technology; and the use of financial resources provided by the State to the Council of Higher Education and universities are regulated by law.

Higher education institutions established by foundations are subject to the provisions set forth in the Constitution for higher education institutions established by the State, in terms of academic studies, provision of teaching staff and security, excluding financial and administrative matters.

2. Higher education institutions

Article 131 – The Council of Higher Education is established to plan, organize, manage and supervise the education of higher education institutions, to direct the education and scientific research activities in higher education institutions, to ensure the establishment and development of these institutions in line with the purposes and principles specified in the law, to ensure the effective use of resources allocated to universities and to plan for the training of teaching staff.

(Amended second paragraph: 7/5/2004-5170/8 art.) The Council of Higher Education is formed by members appointed by the President and members directly elected by the President, with priority given to professors who have successfully served as rectors and faculty members among candidates chosen by universities, the number, qualifications and election methods of which are determined by law.

The organization, duties, powers, responsibilities and working principles of the Board are regulated by law.

3. Higher education institutions subject to special provisions

Article 132 – Higher education institutions affiliated with the Turkish Armed Forces and the security organization are subject to the provisions of their special laws.

1. Radio and Television Supreme Council, radio and television organizations and public news agencies

Article 133 – (Amended: 8/7/1993-3913/1 art.) 

Establishing and operating radio and television stations is free within the framework of the conditions regulated by law.

(Additional paragraph: June 21, 2005 – Art. 5370/1) The Radio and Television Supreme Council, established to regulate and supervise radio and television activities, consists of nine members. Members are elected by the General Assembly of the Grand National Assembly of Turkey from among candidates nominated by political party groups, twice the number of members determined in proportion to the number of members. The establishment of the Radio and Television Supreme Council, its duties and powers, the qualifications of its members, election procedures, and terms of office are regulated by law.

The autonomy of the single radio and television institution established by the state as a public legal entity and the news agencies receiving assistance from public legal entities and the impartiality of their broadcasts are essential.

1. Ataturk Culture, Language and History Supreme Institution

Article 134 – In order to scientifically research, promote and disseminate Atatürkist thought, Atatürk’s principles and reforms, Turkish culture, Turkish history and the Turkish language, and to make publications; the “Atatürk Culture, Language and History High Institution” with public legal personality is established, consisting of the Atatürk Research Center, the Turkish Language Association, the Turkish Historical Society and the Atatürk Cultural Center, under the spiritual patronage of Atatürk, the supervision and support of the President, and subordinate to a minister to be appointed by the President.

The financial benefits specified in Atatürk’s will are reserved for the Turkish Language Association and the Turkish Historical Society and are allocated to them.

The establishment, organs, working procedures, personnel affairs of the Atatürk Culture, Language and History Supreme Institution and its authority over the institutions within its establishment are regulated by law.

1. Professional organizations with public institution status

Article 135 – Professional organizations and their higher organizations that are public institutions are public legal entities established by law for the purpose of meeting the common needs of members of a particular profession, facilitating their professional activities, ensuring the development of the profession in accordance with the general interests, ensuring honesty and trust in the relations of members of the profession with each other and with the public, and preserving professional discipline and ethics, and whose organs are elected by their members by secret ballot under judicial supervision in accordance with the procedures specified in the law.

Those who work in primary and permanent positions in public institutions and organizations and public economic enterprises are not required to join professional organizations.

(Amended paragraph: 23/7/1995-4121/13 art.) These professional organizations cannot engage in activities other than their founding purposes.

(Amended paragraph: 23/7/1995-4121/13 art.) Political parties cannot nominate candidates in the elections of these professional organizations and their higher bodies.

(Amended paragraph: 23/7/1995-4121/13 art.) The rules regarding the administrative and financial control of the State over these professional organizations are regulated by law.

(Amended paragraph: 23/7/1995 – 4121/13 art.) The duties of the responsible bodies of professional organizations that operate outside their objectives shall be terminated by court decision upon the request of the authority determined by law or the public prosecutor, and new ones shall be elected in their place.

(Amended paragraph: July 23, 1995 – Article 4121/13) However, if delay is necessary for national security, public order, preventing the commission or continuation of a crime, or for the purpose of apprehending a crime, or if there is a risk of delay, an authority may be authorized by law to ban professional organizations or their higher bodies from operating. The decision of this authority shall be submitted to the competent judge for approval within twenty-four hours. The judge shall announce his/her decision within forty-eight hours; otherwise, this administrative decision shall automatically cease to be effective.

1. Presidency of Religious Affairs

Article 136 – The Presidency of Religious Affairs, which is within the general administration, carries out the duties specified in its special law in line with the principle of secularism, staying outside all political views and thoughts, and aiming for solidarity and integration among the nation.

1. Unlawful order

Article 137 – If a person working in public service, in any capacity, finds an order received from a superior to be contrary to regulations, presidential decrees, laws, or the Constitution, they shall not carry it out and shall report the violation to the person who issued the order. However, if the superior insists on the order and renews it in writing, the order shall be carried out; in such a case, the person carrying it out shall not be held liable.

An order that constitutes a crime cannot be carried out under any circumstances; the person who carries it out cannot escape responsibility .

Exceptions specified by law for the performance of military services and the protection of public order and public security in urgent situations are reserved.

CHAPTER THREE

Judgment

1. General provisions

1. Independence of courts

Article 138 – Judges are independent in their duties; they give judgments according to their conscience and in accordance with the Constitution, law and the law.

No organ, authority, office or person can give orders or instructions to courts and judges in the exercise of judicial power; cannot send circulars; cannot make recommendations or suggestions.

No questions may be asked, discussions may be held, or statements made in the Legislative Assembly regarding the exercise of judicial power regarding a case in progress.

Legislative and executive bodies and the administration must comply with court decisions; these bodies and the administration cannot change court decisions in any way or delay their implementation.

1. Security of the judgeship and prosecutor’s office

Article 139 – Judges and prosecutors cannot be dismissed, cannot be retired before the age specified in the Constitution unless they so desire, and cannot be deprived of their salaries, allowances, or other personal rights, even due to the abolition of a court or a cadre.

Exceptions in the law are reserved for those who have been convicted of a crime requiring dismissal from the profession, those who are clearly determined to be unable to perform their duties due to health reasons, or those who are determined to be unsuitable to remain in the profession.

1. Judge and prosecutor profession

Article 140 – Judges and prosecutors serve as judges and prosecutors of judicial and administrative jurisdictions. These duties are carried out by professional judges and prosecutors.

Judges perform their duties in accordance with the principles of independence of the courts and security of tenure.

The qualifications of judges and prosecutors, their appointments, rights and duties, salaries and allowances, professional advancement, temporary or permanent changes to their duties and places of duty, the initiation of disciplinary proceedings and the imposition of disciplinary penalties, the investigation and trial of crimes committed in connection with or during their duties, cases of guilt or incompetence requiring dismissal from the profession, their in-service training and other personnel matters are regulated by law in accordance with the principles of the independence of the courts and the security of tenure.

Judges and prosecutors serve until they reach the age of sixty-five; the age limit, promotion, and retirement of military judges are specified in the law.

Judges and prosecutors cannot undertake any official or private duties other than those specified in the law.

Judges and prosecutors are subordinate to the Ministry of Justice in terms of their administrative duties.

Judges and prosecutors who hold administrative positions within the justice system are subject to the provisions governing judges and prosecutors. They are classified and ranked according to the principles applicable to judges and prosecutors and enjoy all the rights granted to judges and prosecutors.

1. Hearings must be open and decisions must be reasoned.

Article 141 – Court hearings are open to the public. A decision to hold all or part of a hearing in camera may be made only in cases where public morality or public safety absolutely necessitates it.

Special provisions are made by law regarding the trial of minors.

All decisions of all courts are written with reasons.

It is the duty of the judiciary to conclude cases with the least expense and as quickly as possible.

1. Establishment of courts

Article 142 – The establishment, duties and powers, functioning and trial procedures of the courts are regulated by law.

(Additional paragraph: 21/1/2017-6771/13 art.) Military courts, other than disciplinary courts, cannot be established. However, in times of war, military courts may be established to hear cases involving crimes committed by military personnel in connection with their duties.

1. State Security Courts

Article 143 – (Repealed: 7/5/2004-5170/9 art.)

1. Supervision of justice services

Article 144 – (Amended: 7/5/2010-5982/14 art.)

The Ministry of Justice oversees the administrative duties of judicial services and prosecutors through judicial inspectors and internal auditors who are judges and prosecutors, while investigations, reviews, and inquiries are conducted by judicial inspectors. The procedures and principles related to this are regulated by law.

1. Military judiciary

Article 145 – (Repealed: 21/1/2017-6771/16 art.) 

1. High courts

1. Constitutional Court

1. Establishment

Article 146 – (Amended: 7/5/2010-5982/16 art.)

The Constitutional Court is composed of fifteen members.

The Grand National Assembly of Turkey elects two members from among the president and members of the Court of Accounts General Assembly, from among three candidates nominated for each vacancy, and one member from among three candidates nominated by the presidents of bar associations from among private attorneys, by secret ballot. In this election to be held in the Grand National Assembly of Turkey, a two-thirds majority of the total membership is required for each vacancy in the first ballot, and an absolute majority of the total membership is required in the second ballot. If an absolute majority is not achieved in the second ballot, a third ballot is held for the two candidates receiving the most votes in this ballot; the candidate receiving the most votes in the third ballot is elected.

The President shall elect three members from among three candidates nominated for each vacant position by the general assemblies of the Court of Cassation and two members from among their own presidents and members by the general assemblies of the Council of State (…); three members, at least two of whom must be lawyers, from among three candidates nominated by the Council of Higher Education from among faculty members who work in the fields of law, economics and political sciences at higher education institutions that are not its members; four members from among senior managers, private lawyers, first-class judges and prosecutors, and Constitutional Court rapporteurs who have served as rapporteurs for at least five years.

In elections to nominate candidates for Constitutional Court membership from the Court of Cassation, the Council of State (…) , and the Court of Accounts general assemblies, as well as from the Council of Higher Education, for each vacant seat, the three individuals receiving the highest number of votes (…) shall be deemed nominated. In elections for three candidates nominated by bar association presidents from among private attorneys (…), the three individuals receiving the highest number of votes (…) shall be deemed nominated.

In order to be elected as a member of the Constitutional Court, it is required that the faculty members of higher education institutions have attained the title of professor or associate professor, lawyers have practiced law for at least twenty years, senior managers have received higher education and have worked in public service for at least twenty years, and first-class judges and prosecutors have worked for at least twenty years, including candidacy.

A President and two Vice Presidents are elected from among the members of the Constitutional Court by secret ballot and by an absolute majority of the total number of members for a four-year term. Those whose terms have expired may be re-elected.

Members of the Constitutional Court cannot undertake any official or private duties other than their primary duties. 

2. Term of office of members and termination of membership

Article 147 – (Amended first paragraph: 7/5/2010-5982/17 art.) Members of the Constitutional Court are elected for twelve-year terms. A person cannot be elected a member of the Constitutional Court twice. Members of the Constitutional Court retire upon reaching the age of sixty-five. The employment of members in another position and their personnel matters before the mandatory retirement age are regulated by law.

Membership in the Constitutional Court terminates automatically if a member is convicted of a crime that requires dismissal from the profession of judge; and if it is clearly determined that he or she is unable to perform his or her duties due to health reasons, by the decision of the absolute majority of the total number of members of the Constitutional Court.

3. Duties and powers

Article 148 – The Constitutional Court shall review the conformity of laws, presidential decrees, and the Rules of Procedure of the Grand National Assembly of Turkey with the Constitution in terms of form and substance, and shall rule on individual applications. It shall review and supervise constitutional amendments only in terms of form. However, no lawsuit may be filed with the Constitutional Court alleging that presidential decrees issued during states of emergency (…) or war are unconstitutional in terms of form or substance.

The formal review of laws is limited to whether the final vote was held with the required majority; in the case of constitutional amendments, whether the proposal and voting majority, and the requirement that urgent debate not be held, were met. A formal review may be requested by the President or one-fifth of the members of the Grand National Assembly of Turkey. After ten days from the date of publication of a law, an action for annulment based on defects in form cannot be filed, nor can it be pursued through a defense.

(Additional paragraph: 7/5/2010-5982/18 art.) Anyone may apply to the Constitutional Court alleging a violation by public authorities of any of the fundamental rights and freedoms guaranteed by the Constitution, or those covered by the European Convention on Human Rights. To file an application, ordinary legal remedies must have been exhausted.

(Additional paragraph: 7/5/2010-5982/18 art.) In individual applications, no review can be made on issues that must be taken into consideration in legal proceedings.

(Additional paragraph: 7/5/2010-5982/18 art.) The procedures and principles regarding individual applications are regulated by law.

The Constitutional Court, in its capacity as the Supreme Court, tries the President, the Speaker of the Turkish Grand National Assembly, the Vice Presidents, the ministers, the Presidents and members of the Constitutional Court, the Court of Cassation, the Council of State (…), Chief Public Prosecutors, the Deputy Chief Public Prosecutor, the President and members of the Council of Judges and Public Prosecutors (…) and the Court of Accounts for crimes related to their duties.

(Additional paragraph: 7/5/2010-5982/18 art.) The Chief of the General Staff, the Commanders of the Land, Naval and Air Forces (…) are also tried in the Supreme Court for crimes related to their duties.

In the Supreme Court, the Chief Public Prosecutor or the Deputy Chief Public Prosecutor serves as the prosecutor.

(Amended fifth paragraph: 7/5/2010-5982/18 art.) Applications for re-examination may be made against decisions of the Supreme Court. The decisions made by the General Assembly following the re-examination are final.

The Constitutional Court also performs other duties assigned by the Constitution.

4. Working and trial procedures

Article 149 – (Amended: 7/5/2010-5982/19 art.)

The Constitutional Court operates in two sections and a General Assembly. The sections convene with the participation of four members, chaired by the Vice President. The General Assembly convenes with at least ten members, chaired by the Court President or a Vice President designated by the President. The Sections and the General Assembly make their decisions by simple majority. Commissions may be established to review the admissibility of individual applications.

Cases and applications regarding political parties, annulment and objection cases, and trials conducted as the Supreme Court are heard by the General Assembly, while individual applications are decided by the sections.

In order to decide on the annulment of constitutional amendments, the closure of political parties or their deprivation from state aid, a two-thirds majority vote of the members attending the meeting is required.

Annulment cases based on deformity are primarily examined and decided by the Constitutional Court.

The establishment of the Constitutional Court, the trial procedures of the General Assembly and sections, the disciplinary actions of the President, deputy presidents and members are regulated by law; the working principles of the Court, the formation of sections and commissions, and the division of labor are regulated by the Rules of Procedure that it shall draw up.

The Constitutional Court examines cases other than those heard as the Supreme Court. However, a hearing may be held for individual applications. The Court may also summon interested parties and those with knowledge of the matter to hear oral arguments when deemed necessary. In cases concerning the closure of political parties, it will hear the defense of the party leader or a designated representative of the party whose closure is being sought, after the Chief Public Prosecutor of the Court of Cassation.

5. Cancellation case

Article 150 – The right to file a lawsuit directly with the Constitutional Court for the annulment of laws, presidential decrees, the Rules of Procedure of the Grand National Assembly of Turkey, or certain articles and provisions thereof, on the grounds of their unconstitutionality in form and substance, belongs to the President, the two political party groups with the largest number of members in the Grand National Assembly of Turkey, and members comprising at least one-fifth of the total number of members. (Repealed last sentence: 21/1/2017-6771/16 art.)

6. Time limit for filing a lawsuit

Article 151 – The right to file a lawsuit for annulment directly with the Constitutional Court shall expire sixty days after the publication in the Official Gazette of the law, Presidential decree or internal regulations whose annulment is sought.

7. Alleging unconstitutionality in other courts

Article 152 – If the court hearing a case finds that the provisions of a law or a Presidential decree to be applied are contrary to the Constitution, or if it is of the opinion that the allegation of contradiction put forward by one of the parties is serious, it shall postpone the case until the Constitutional Court decides on the matter.

If the court does not consider the claim of unconstitutionality to be serious, this claim shall be decided together with the main judgment by the court of appeal.

The Constitutional Court shall issue and announce its decision within five months, starting from the date the case was brought before it. If a decision is not issued within this period, the court shall conclude the case in accordance with applicable law. However, if the Constitutional Court’s decision is rendered before the judgment on the merits is finalized, the court must abide by it.

No further application can be made on the grounds that the same legal provision is unconstitutional until ten years have passed since the Constitutional Court’s decision to reject the case based on its merits was published in the Official Gazette.

8. Decisions of the Constitutional Court

Article 153 – Decisions of the Constitutional Court are final. Annulment decisions cannot be announced without stating the reasons.

When the Constitutional Court annuls a law or a presidential decree in its entirety or a provision, it cannot act as a legislator and make a decision that would lead to a new practice.

A law, a presidential decree, or the Rules of Procedure of the Grand National Assembly of Turkey, or any of their provisions, shall cease to be in force on the date the annulment decision is published in the Official Gazette. In cases where necessary, the Constitutional Court may also determine the effective date of the annulment decision. This date cannot exceed one year from the date of publication of the decision in the Official Gazette.

shall first discuss and decide on the proposed law (…) that will fill the legal gap created by the annulment decision .

Annulment decisions are not retroactive.

The decisions of the Constitutional Court are immediately published in the Official Gazette and are binding on the legislative, executive and judicial bodies, administrative authorities, and real and legal persons.

1. Supreme Court

Article 154 – The Court of Cassation is the final instance for reviewing decisions and judgments rendered by courts of justice that are not delegated by law to another judicial authority. It also hears certain cases specified by law as a court of first and last instance.

The members of the Supreme Court of Appeals are elected by the Board of Judges and Prosecutors (…) from among first-class judges and public prosecutors of the judiciary and those considered to be in this profession, by the absolute majority of the total number of members and by secret ballot.

The First President of the Court of Cassation, first deputy presidents and department heads are elected by the General Assembly of the Court of Cassation from among its own members by a simple majority of the total number of members and by secret ballot for a period of four years; those whose terms have expired may be re-elected.

The Chief Public Prosecutor and Deputy Chief Public Prosecutor of the Court of Cassation are elected by the President for four-year terms from among five candidates each, determined by the General Assembly of the Court of Cassation from among its own members by secret ballot. Those whose terms have expired may be re-elected.

The establishment and functioning of the Court of Cassation, the qualifications and election procedures of the President, deputy presidents, department heads and members, the Chief Public Prosecutor and the Deputy Chief Public Prosecutor are regulated by law in accordance with the principles of independence of the courts and security of tenure.

1. Council of State

Article 155 – The Council of State is the final instance for reviewing decisions and judgments rendered by administrative courts that are not delegated by law to another administrative court. It also hears certain cases specified by law as a court of first and last instance.

(Amended second paragraph: 13/8/1999-4446/3 art.) The Council of State is responsible for hearing cases, (…) expressing its opinion on concession terms and agreements regarding public services within two months, (…) resolving administrative disputes and performing other duties specified by law.

Three-quarters of the members of the Council of State are elected by the Board of Judges and Prosecutors (…) from among first-class administrative judiciary judges and prosecutors and those considered to be in this profession ; one-quarter are elected by the President from among officials whose qualifications are specified in the law.

The President of the Council of State, the Chief Public Prosecutor, deputy presidents, and department heads are elected by the General Assembly of the Council of State from among its own members by a simple majority of the total number of members and by secret ballot for a four-year term. Those whose terms have expired may be re-elected.

The establishment and functioning of the Council of State, the qualifications and election procedures of the President, Chief Public Prosecutor, deputy presidents, department heads and members are regulated by law in accordance with the principles of the nature of administrative justice, the independence of the courts and security of tenure.

1. Military Court of Appeals

Article 156 – (Repealed: 21/1/2017-6771/16 art.)

1. Military Supreme Administrative Court

Article 157 – (Repealed: 21/1/2017-6771/16 art.)

1. Court of Jurisdictional Disputes

Article 158 – The Court of Jurisdictional Disputes is authorized to definitively resolve disputes of jurisdiction and judgment between judicial and administrative courts.

The establishment of the Court of Jurisdictional Disputes, the qualifications and election of its members, and its functioning are regulated by law. The President of this court is a member appointed by the Constitutional Court from among its own members.

In jurisdictional disputes between other courts and the Constitutional Court, the decision of the Constitutional Court shall prevail.

III. Board of Judges and Prosecutors (…)

Article 159 – (Amended: 7/5/2010-5982/22 art.)

of Judges and Prosecutors (…) is established and functions in accordance with the principles of independence of the courts and security of tenure.

(Amended paragraph: 21/1/2017-6771/14 art.) The Council of Judges and Prosecutors consists of thirteen members and works in two chambers.

(Amended paragraph: 21/1/2017-6771/14 art.) The Chairman of the Board is the Minister of Justice. The Undersecretary of the Ministry of Justice is an ex officio member of the Board. Three members of the Board shall be elected by the President from among first-class judges and prosecutors of the judiciary who have not lost the qualifications that require separation into first class; one member shall be elected by the President from among first-class judges and prosecutors of the administrative judiciary who have not lost the qualifications that require separation into first class; three members shall be elected by the Grand National Assembly of Turkey from among members of the Court of Cassation; one member from among members of the Council of State; and three members from among faculty members and attorneys practicing in the law branches of higher education institutions whose qualifications are specified by law. Of the members elected from among faculty members and attorneys, at least one must be a faculty member and at least one attorney. Applications for the Board’s membership to be elected by the Grand National Assembly of Turkey shall be submitted to the Speaker of the Assembly. The Presidency shall forward the applications from the members of the Constitution and Justice Committees to the Joint Committee of the Board. The Commission shall determine three candidates for each membership by a two-thirds majority of the total number of members. If the nomination process cannot be completed in the first ballot, a three-fifths majority of the total number of members is required in the second ballot. If no candidate is determined in this ballot, the nomination process is completed by drawing lots between the two candidates who received the most votes for each seat. The Grand National Assembly of Turkey shall elect each member separately from among the candidates determined by the Commission, by secret ballot. A two-thirds majority of the total number of members is required in the first ballot; if the election is not completed in this ballot, a three-fifths majority of the total number of members is required in the second ballot. If no candidate is elected in the second ballot, the nomination process is completed by drawing lots between the two candidates who received the most votes.

(Amended paragraph: 21/1/2017-6771/14 art.) Members are elected for four years. Members whose term has expired may be elected once more.

(Amended paragraph: 21/1/2017-6771/14 art.) Elections for Board membership shall be held within thirty days prior to the expiration of the member’s term. If a vacancy occurs on the Board before the expiration of the elected member’s term, the election of new members shall be held within thirty days following the vacancy.

of the Board, other than the Minister of Justice and the Undersecretary of the Ministry of Justice (…) , cannot take on any other duty other than those determined by law, or be appointed or elected to any other duty by the Board, during the continuation of their duties.

The Board’s management and representation are vested in the Board Chair. The Board Chair cannot participate in the work of the departments. The Board elects department heads from among its members and one of the department heads as vice chair. The Chair may delegate some of his or her authority to the vice chair.

The Board carries out the procedures of admitting, appointing and transferring judges and prosecutors of the judiciary and administrative courts, granting temporary authority, promotion and first-class classification, distributing cadres, deciding on those deemed unsuitable to remain in the profession, imposing disciplinary punishments, and dismissing them from duty; it decides on the proposals of the Ministry of Justice to abolish a court or change its judicial district; and it also carries out other duties assigned by the Constitution and laws.

The Board’s inspectors are responsible for overseeing whether judges and prosecutors are performing their duties in accordance with laws and other legislation (administrative circulars for judges); investigating whether they have committed crimes due to or during their duties; investigating whether their conduct and actions are consistent with their titles and duties; and, when necessary, conducting investigations and inquiries against them, upon the proposal of the relevant chamber and with the approval of the President of the Board of Judges and Prosecutors (…). Investigations and inquiries may also be conducted by a judge or prosecutor more senior than the person being investigated or examined.

No appeal can be made to the judicial authorities against the Board’s decisions other than those related to the penalty of dismissal from the profession.

The General Secretariat is established under the Board. The Secretary General is appointed by the Board President from among three candidates nominated by the Board from among first-class judges and prosecutors. The Board has the authority to appoint Board inspectors and judges and prosecutors to be employed on a temporary or permanent basis, with their consent.

The Minister of Justice has the authority to appoint judges and prosecutors, justice inspectors and internal auditors from the judge and prosecutor profession to be employed temporarily or permanently in the central, affiliated and related institutions of the Ministry of Justice, with their consent.

The election of Board members, the formation of departments and division of labor, the duties of the Board and departments, the quorum for meetings and decisions, working procedures and principles, the procedure for objections to the decisions and actions of the departments and their review, as well as the establishment and duties of the General Secretariat, are regulated by law.

1. Court of Accounts

Article 160 – The Court of Accounts is responsible for auditing, on behalf of the Turkish Grand National Assembly, all revenues, expenditures, and assets of public administrations and social security institutions within the scope of the central government budget, rendering final judgments on the accounts and transactions of those responsible, and performing the duties of investigation, auditing, and adjudication prescribed by law. Interested parties may request a one-time correction of the Court of Accounts’ final judgments within fifteen days of the date of written notification. No administrative legal action may be taken regarding these judgments.

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

(Additional third paragraph: 29/10/2005-5428/2 art.) The auditing and final decision on the accounts and transactions of local administrations are carried out by the Court of Accounts.

The establishment, functioning, audit procedures, qualifications, appointments, duties and powers, rights and obligations and other personnel matters of the Court of Accounts, and the security of the President and members are regulated by law.

(Repealed last paragraph: 7/5/2004-5170/10 art.)

PART FOUR

FINANCIAL AND ECONOMIC PROVISIONS

CHAPTER ONE

Financial Provisions

1. Budget

1. Budget and final account

Article 161 – (Amended: 21/1/2017-6771/15 art.)

Expenditures of public administrations and public legal entities other than public economic enterprises are made through annual budgets.

The beginning of the fiscal year, the preparation, implementation, and control of the central government budget, and special periods and procedures for investments or work and services lasting more than one year are regulated by law. No provisions other than those related to the budget may be included in the budget law.

The President shall submit the budget bill to the Turkish Grand National Assembly at least seventy-five days before the fiscal year. The budget bill shall be discussed in the Budget Committee. The text, to be approved by the Committee within fifty-five days, shall be discussed in the General Assembly and a decision shall be reached by the fiscal year.

If the budget law cannot be enacted within the timeframe, a provisional budget law will be enacted. If the provisional budget law also cannot be enacted, the previous year’s budget will be increased by the revaluation rate until the new budget law is adopted.

Members of the Turkish Grand National Assembly express their opinions on public administration budgets during the discussion of each budget in the General Assembly and cannot make proposals that increase expenses or decrease revenues.

In the General Assembly, public administration budgets and amendment proposals are read and voted on without any further discussion.

The allocation provided by the central government budget represents the limit on the amount that can be spent. The budget law cannot contain a provision that stipulates that the amount that can be spent can be exceeded by presidential decree.

In amendment proposals that foresee an increase in appropriations in the current year budget and in proposals that impose a financial burden on the budgets of the current and subsequent years, it is mandatory to indicate financial resources that can cover the projected expenses.

The central government final accounts bill proposal must be submitted to the Turkish Grand National Assembly by the President no later than six months after the end of the relevant fiscal year. The Court of Accounts must submit its general conformity statement to the Assembly no later than seventy-five days after the submission of the relevant final accounts bill proposal.

The submission of the final account law proposal and general conformity declaration to the Turkish Grand National Assembly does not prevent the audit and accounting proceedings that have not been finalized by the Court of Accounts for the relevant year and does not mean that these have been decided.

The final account law proposal is discussed and decided upon together with the new year budget law proposal.

1. Discussion of the budget

Article 162 – (Repealed: 21/1/2017-6771/16 art.)

1. Principles for making changes to budgets

Article 163 – (Repealed: 21/1/2017-6771/16 art.)

1. Final Account

Article 164 – (Repealed: 21/1/2017-6771/16 art.)

1. Audit of state economic enterprises

Article 165 – The principles of supervision by the Turkish Grand National Assembly of public institutions and partnerships, more than half of whose capital belongs directly or indirectly to the State, shall be regulated by law.

CHAPTER TWO

Economic Provisions

1. Planning; Economic and Social Council

Article 166 – It is the duty of the State to plan economic, social and cultural development, especially the rapid and balanced development of industry and agriculture throughout the country, to inventory and evaluate the country’s resources and to use them efficiently, and to establish the necessary organization for this purpose.

The plan envisions measures to increase national savings and production, stabilize prices and balance external payments, and enhance investment and employment. Investments will consider the benefits and needs of society, and aim to utilize resources efficiently. Development initiatives will be implemented in accordance with this plan.

The procedures and principles regarding the preparation of development plans, their approval by the Turkish Grand National Assembly, their implementation, their amendment and the prevention of changes that would impair their integrity are regulated by law.

(Additional paragraph: 7/5/2010-5982/23 art.) The Economic and Social Council shall be established to provide advisory opinions to the President regarding the formulation of economic and social policies. The establishment and functioning of the Economic and Social Council shall be regulated by law.

1. Supervision of markets and regulation of foreign trade

Article 167 – The State shall take measures to ensure and develop the healthy and orderly functioning of money, credit, capital, goods and services markets; and shall prevent actual or agreed-upon monopolisation and cartelisation in the markets.

The President may be authorized by law to impose and abolish additional financial obligations, other than taxes and similar obligations, on imports, exports and other foreign trade transactions in order to regulate foreign trade for the benefit of the country’s economy.

III. Exploration and exploitation of natural resources and resources

Article 168 – Natural resources and assets are under the control and disposal of the State. The right to explore and exploit them belongs to the State. The State may transfer this right to individuals and legal entities for a specified period. The exploration and exploitation of any natural resources and assets undertaken by the State in partnership with individuals and legal entities, or directly through individuals and legal entities, is subject to express permission by law. In such cases, the conditions to be observed by individuals and legal entities, the procedures and principles for oversight, control, and sanctions to be imposed by the State, are specified in the law.

1. Forests and forest villagers

1. Protection and development of forests

Article 169 – The State shall enact the necessary laws and take measures to protect forests and expand their areas. New forests shall be planted on the site of burned forests, and no other forms of agriculture or animal husbandry may be carried out in these areas. The State shall have the responsibility for the oversight of all forests.

Ownership of state forests is non-transferable. State forests are managed and operated by the State in accordance with the law. These forests cannot be acquired by prescription and cannot be subject to easement rights except for public benefit.

Any activity or action that could harm forests is prohibited. Political propaganda that leads to the destruction of forests is prohibited; general or special amnesty cannot be issued exclusively for forest crimes. Crimes committed with the intent to burn, destroy, or reduce forests cannot be included in the scope of general or special amnesty.

Forest boundaries cannot be narrowed except for areas where there is no scientific or technical benefit in preserving them as forests, but on the contrary, it has been determined that there is a definite benefit in converting them into agricultural lands, lands that have completely lost their forest character before 31/12/1981, which have been determined to be beneficial in various agricultural areas such as fields, vineyards, orchards, olive groves, or for use in animal husbandry, and areas where cities, towns, and villages are located together.

1. Protection of forest villagers

Article 170 – For the development of the people of villages within or adjacent to forests, and for the protection of forests and their integrity, measures shall be taken to ensure cooperation between the State and these people in the supervision and management of forests, and the evaluation of areas that have completely lost their forest character before 31/12/1981, from a scientific and technical perspective; the determination of areas that are not deemed beneficial to preserve as forests, and their removal outside forest boundaries; the regeneration of these areas by the State for the partial or complete settlement of the people of villages within forests in these areas, and their allocation for the benefit of these people, shall be regulated by law.

The State takes measures to facilitate the provision of business tools, equipment and other inputs to these people.

Lands belonging to the villagers transferred from the forest are immediately afforested as State forests.

1. Development of cooperatives

Article 171 – The State shall take measures to ensure the development of cooperatives, primarily aiming at increasing production and protecting consumers, taking into account the benefits of the national economy.

(Repealed last paragraph: 23/7/1995-4121/15 art.)

1. Protection of consumers, tradesmen and artisans

1. Consumer protection

Article 172 – The State shall take protective and informative measures for consumers and encourage consumers to take self-protective initiatives.

1. Protection of tradesmen and craftsmen

Article 173 – The State shall take protective and supportive measures for tradesmen and craftsmen.

FIFTH

MISCELLANEOUS PROVISIONS

1. Protection of the laws of the Revolution

Article 174 – No provision of the Constitution can be understood or interpreted as contradicting the Constitution, as regards the provisions of the following reform laws, which aim to raise Turkish society above the level of contemporary civilization and to protect the secular nature of the Republic of Turkey, and which were in force on the date the Constitution was adopted by referendum:

1. Law on Unification of Education No. 430 dated 3 March 1340;
2. Law No. 671 on Hat Economy dated 25 November 1341;
3. Law No. 677 dated 30 November 1341 on the Dam of Dervish Lodges, Zawiyas and Tombs and the Prohibition and Abolition of Tomb Keepers and Certain Titles;
4. The principle of civil marriage, which was adopted by the Turkish Civil Law No. 743 dated 17 February 1926, regarding the marriage contract to be made before the marriage officer, and the provision of Article 110 of the same law;
5. Law No. 1288 on the Adoption of International Powers, dated 20 May 1928;
6. Law No. 1353 on the Adoption and Application of Turkish Letters dated 1 November 1928;
7. Law No. 2590 dated 26 November 1934 on the Abolition of Nicknames and Titles such as Efendi, Bey, Pasha;
8. Law No. 2596 dated 3rd December 1934 on the Prohibition of Wearing Certain Attires.

PART SIX

TEMPORARY PROVISIONS

Provisional Article 1 – Upon the duly declaration of the adoption of the Constitution as the Constitution of the Republic of Turkey by referendum, the Chairman of the National Security Council and Head of State on the date of the referendum shall assume the title of President and shall perform the duties and exercise the powers conferred upon the President by the Constitution for a seven-year term. The oath taken as Head of State on September 18, 1980, shall remain in force. At the end of the seven-year term, a presidential election shall be held in accordance with the provisions of the Constitution.

The President also serves as the Chairman of the National Security Council, which was established by Law No. 2356 dated December 12, 1980, until the Turkish Grand National Assembly convenes and the Presidential Council is formed following the first general elections.

In the event of a vacancy in the Presidency for any reason during the period until the Turkish Grand National Assembly convenes and takes office following the first parliamentary general elections, the most senior member of the National Security Council shall act as acting President and shall perform all of his duties and exercise his powers as stipulated in the Constitution until the Turkish Grand National Assembly convenes and elects a new President in accordance with the Constitution.

Provisional Article 2 – The National Security Council, established by Law No. 2356 dated December 12, 1980, shall continue its duties in accordance with Law No. 2324 on Constitutional Order and Law No. 2485 on the Constituent Assembly until the Turkish Grand National Assembly convenes and forms the Presidency Council as a result of the first general elections to be held in accordance with the Political Parties Law and the Election Law, which will be prepared based on the Constitution.

After the adoption of the Constitution, the provision regarding the procedure for filling a vacancy in the National Security Council in Article 3 of Law No. 2356 shall not be applied in case of any reason.

After the Grand National Assembly of Turkey convenes and assumes office, the National Security Council becomes the Presidential Council for a six-year term, and the members of the National Security Council assume the title of Presidential Council Member. The oath they took as members of the National Security Council on September 18, 1980, remains in effect. Members of the Presidential Council shall enjoy the personal rights and immunities granted to members of the Grand National Assembly of Turkey under the Constitution. At the end of this six-year term, the Presidential Council shall cease to exist.

The duties of the Presidential Council are as follows:

1. a) To examine the laws adopted by the Turkish Grand National Assembly and submitted to the Presidency concerning the fundamental rights and freedoms and duties set forth in the Constitution, the principle of secularism, the protection of Atatürk’s reforms, national security and public order, the Turkish Radio and Television Corporation, international agreements, the sending of armed forces to foreign countries and the admission of foreign forces to Türkiye, emergency rule, martial law and the state of war, and other laws deemed necessary by the President, within the first ten days of the fifteen-day period granted to the President;
2. b) Within the period determined by the President and requested by him:

To examine and express opinions on issues related to the renewal of parliamentary general elections, the use of extraordinary administrative powers and measures to be taken, the management and supervision of the Turkish Radio and Television Corporation, the education of the youth and the regulation of Religious Affairs;

1. c) To conduct investigations and research on internal and external security and other matters deemed necessary, upon the request of the President, and to submit the results to the President.

Provisional Article 3 – Following the first parliamentary general election to be held in accordance with the Constitution, the Turkish Grand National Assembly convenes and forms the Presidential Council:

1. a) Law No. 2324 on Constitutional Order, dated 27 October 1980,
2. b) Law No. 2356 on the National Security Council, dated 12 December 1980,
3. c) Law No. 2485 on the Constituent Assembly, dated 29 June 1981,

It shall be repealed and the legal existence of the National Security Council and the Consultative Assembly shall cease.

Temporary Article 4 – (Repealed: 17/5/1987-3361/4 art.)

Provisional Article 5 – On the tenth day following the announcement by the Supreme Election Council of the results of the first parliamentary general election, the Grand National Assembly of Turkey shall convene on its own at 3:00 PM in the Grand National Assembly of Turkey building in Ankara. The oldest Member of Parliament shall preside over this meeting. Members of Parliament shall take their oaths at this meeting.

Provisional Article 6 – Until the Grand National Assembly of Turkey, established in accordance with the Constitution, prepares its own internal regulations for its meetings and work, the provisions of the Internal Regulations of the National Assembly in force before 12 September 1980 that are not contrary to the Constitution shall apply.

Temporary Article 7 – At the end of the first parliamentary general election, the duty of the Council of Ministers continues until the Turkish Grand National Assembly convenes and the new Council of Ministers is established.

Provisional Article 8 – Laws concerning the establishment, duties, powers and operations of new organs, institutions and boards accepted by the Constitution, as well as other laws foreseen to be introduced or amended in the Constitution, shall be enacted within the term of office of the Constituent Assembly, starting from the adoption of the Constitution, or, if not completed within this period, by the end of one year following the first meeting of the elected Turkish Grand National Assembly.

Provisional Article 9 – The President may return to the Grand National Assembly of Turkey any constitutional amendments made within six years after the Presidential Board of the Grand National Assembly of Turkey, which will convene following the first general elections. In such a case, the Grand National Assembly of Turkey may adopt the returned constitutional amendment law as is and send it back to the President by a three-fourths majority vote of the total number of members.

Provisional Article 10 – Local Administration elections shall be held within one year following the first meeting of the Turkish Grand National Assembly, at the latest.

Temporary Article 11 – Those who were regular and alternate members of the Constitutional Court on the date the Constitution was adopted by referendum shall continue in their positions and duties. The titles acquired by those elected to certain positions by the Constitutional Court shall remain reserved.

No elections will be held for vacant positions until the number of full members of the Constitutional Court is reduced to eleven, nor will elections be held for vacant positions until the total number of full and alternate members is reduced to fifteen. In elections held due to the number of full members falling below eleven or the total number of full and alternate members falling below fifteen until the Constitutional Court adapts to the new regulations, the principles and order established by this Constitution will be observed.

Until the number of principal members of the Constitutional Court is reduced to eleven, the quorum stipulated in Law No. 44 of 22/4/1962 shall be applied in cases and proceedings.

Provisional Article 12 – Those elected by the President to the positions of principal and alternate members of the Council of State and the Court of Cassation pursuant to the provisional article 1 of the Law No. 2461 on the Supreme Council of Judges and Public Prosecutors, dated 13/5/1981; to the positions of Chief Public Prosecutor and Deputy Chief Public Prosecutor, pursuant to the provisional article added to the Law No. 1730 on the Court of Cassation by Law No. 2483, dated 25/6/1981; and to the positions of President, Chief Public Prosecutor, Deputy Presidents and Heads of Departments, pursuant to the second paragraph of the provisional article 14 of the Council of State Law No. 2575, dated 6/1/1982, shall continue in their duties for the term for which they were elected.

The provisions of the temporary articles of Law No. 2576 dated 6/1/1982 regarding the appointment of Presidents and members of administrative courts are also reserved.

Provisional Article 13 – The elections of one main and one substitute member to be elected from the Supreme Court of Appeals to the Supreme Council of Judges and Public Prosecutors shall be held within twenty days following the entry into force of the Constitution.

Until the elected members begin their duties, the Board carries out its work with the participation of the substitute member who will constitute the quorum for the meeting.

Temporary Article 14 – The obligations of unions to keep their income in state banks shall be fulfilled within two years at the latest from the date of entry into force of the Constitution.

Temporary Article 15 – (Repealed: 7/5/2010-5982/24 art.)

Temporary Article 16 – Those who are registered in the voting register and ballot box list regarding the Constitutional referendum and who are eligible to vote but do not participate in the referendum without any legal or actual excuse cannot participate in the general and by-elections, local elections and other referendums to be held within five years following the Constitutional referendum and cannot be candidates in the elections.

Temporary Article 17 – (Added: 10/5/2007-5659/1 art.)

In the first general election to be held after this Law comes into force, the last paragraph of Article 67 of the Constitution shall not apply in terms of the provisions of the Parliamentary Election Law No. 2839 dated 10/6/1983 regarding the inclusion of independent candidates in the combined ballot paper.

Temporary Article 18 – (Added: 7/5/2010-5982/25 art.)

On the date of entry into force of this Law, the existing substitute members of the Constitutional Court shall acquire the status of full members.

Within thirty days from the date of entry into force of this Law, the Turkish Grand National Assembly shall elect one member from among three candidates nominated by the General Assembly of the Court of Accounts and one member from among three candidates nominated by the heads of bar associations.

In order to nominate candidates for the election of members to be held by the Grand National Assembly of Türkiye;

1. a) Within five days of the entry into force of this Law, the President of the Court of Accounts shall announce the application for candidacy. Candidates shall apply to the Presidency within five days of the announcement. An election shall be held by the General Assembly of the Court of Accounts within five days of the application deadline. In this election, in which each member of the Court of Accounts (…) may vote, the three individuals receiving the highest number of votes shall be deemed candidates.
2. b) Within five days of the effective date of this Law, the Union of Turkish Bar Associations will announce the application period for candidacy. Candidates must apply to the Union of Turkish Bar Associations within five days of the announcement. An election will be held by the bar association presidents within five days of the application deadline, at the time and place specified in the announcement by the Union of Turkish Bar Associations. In this election, in which each bar association president (…) may vote, the three individuals receiving the most votes will be considered candidates.
3. c) The names of those who are deemed to have been nominated as a result of the elections held in accordance with subparagraphs (a) and (b) shall be notified to the Presidency of the Turkish Grand National Assembly by the Court of Accounts and the Union of Turkish Bar Associations on the day following the election.

ç) An election will be held in the Grand National Assembly of Turkey within ten days of the notification made pursuant to subparagraph (c). In the election for each vacant seat, a two-thirds majority of the total number of members is required in the first ballot and an absolute majority of the total number of members in the second ballot. If an absolute majority is not achieved in the second ballot, a third ballot will be held for the two candidates receiving the most votes in this ballot. The candidate receiving the most votes in the third ballot will be elected.

The President selects one member from among three candidates nominated by the Council of Higher Education from faculty members who work in the fields of law, economics and political sciences at higher education institutions that are not its own members, after the first memberships from the Supreme Court of Appeals and the Council of State become vacant.

The current members of the institutions that nominate candidates for Constitutional Court membership and the substitute members elected from their own quotas are taken into consideration in the selection process.

Those currently elected to certain positions on the Constitutional Court shall continue in their positions until the end of their term. Members who became members on the date of entry into force of this Law shall continue in their duties until the age limit is reached.

The necessary regulations regarding individual applications will be completed within two years. Individual applications will be accepted from the date the implementing law comes into effect.

Temporary Article 19 – (Added: 7/5/2010-5982/25 art.)

Members of the High Council of Judges and Prosecutors shall be elected within thirty days from the date of entry into force of this Law, in accordance with the principles and procedures set out below:

87. a) The President shall select four members from among faculty members who have no obstacle to being appointed to the profession of judge, who have been working in the law, (…) branches of higher education institutions for at least fifteen years, (…) and lawyers who have completed fifteen years of active service in the profession. (Repealed second sentence: By the Constitutional Court’s decision dated 7/7/2010 and numbered E.: 2010/49, K.: 2010/87.)
88. b) The General Assembly of the Court of Cassation shall elect three principal and three alternate members from among the members of the Court of Cassation. Within seven days of the effective date of this Law, the First President of the Court of Cassation shall announce the application for candidacy. Candidates shall apply to the First President within seven days of the announcement. The General Assembly of the Court of Cassation shall hold an election within fifteen days of the application deadline. In the election, in which each member of the Court of Cassation (…) may vote, the candidates receiving the most votes shall be elected as principal and alternate members, respectively.
89. c) The Council of State General Assembly shall elect two principal and two alternate members from among the members of the Council of State. The President of the Council of State shall announce the application for candidacy within seven days of the effective date of this Law. Candidates shall apply for the Presidency within seven days of the announcement. The Council of State General Assembly shall hold an election within fifteen days of the application deadline. In the election, in which each Council of State member (…) may vote, the candidates receiving the most votes shall be elected as principal and alternate members, respectively.
90. c) The General Assembly of the Turkish Justice Academy shall elect one principal and one alternate member to the Supreme Board of Judges and Prosecutors from among its own members. The President of the Turkish Justice Academy shall announce the application for candidacy within seven days of the effective date of this Law. Candidates shall apply to the Presidency within seven days of the announcement. The General Assembly of the Turkish Justice Academy shall hold an election within fifteen days of the application deadline. In the election, in which each member may vote (…), the candidates receiving the most votes shall be elected as principal and alternate members, respectively.
91. d) Seven primary and four alternate members are first-class members and are elected by the judges and prosecutors of the judiciary, under the management and supervision of the Supreme Election Council, from among judges and prosecutors of the judiciary who have not lost the qualifications required for first-class distinction. The Supreme Election Council shall announce the application for candidacy within five days of the effective date of this Law. Candidates shall apply to the Supreme Election Council within three days of the announcement date. Within two days of the application deadline, the Supreme Election Council shall review the applications and determine and announce the candidate list. Objections may be raised to this list within the following two days. Objections shall be reviewed and finalized within two days of the objection period, and the final candidate list shall be announced. Judges and prosecutors serving in each province and its districts shall vote in elections to be held in each province on the second Sunday following the date the Supreme Election Council announces the final candidate list, under the management and supervision of the Provincial Election Council. Provincial election boards shall establish ballot box committees based on the number of judges and prosecutors voting in that province. Complaints and objections to the procedures, measures, and decisions of the ballot box committees shall be resolved by the provincial election board. Candidates may not engage in propaganda; they may only publish their CVs on a website designated for this purpose, in accordance with the procedures and principles determined by the Supreme Election Board. (Eleventh sentence annulled: By Constitutional Court decision No. E.: 2010/49, K.: 2010/87, dated July 7, 2010.) The candidates receiving the most votes in the elections shall be elected as principal and substitute members, respectively. Other matters regarding the ballot papers to be used shall be determined by the Supreme Election Board. The Supreme Election Board may print ballot papers itself or, if necessary, have them printed through provincial election boards as it deems appropriate. In the elections to be held, the provisions of Law No. 298 on the Basic Provisions of Elections and Voter Registers, dated April 26, 1961, that do not conflict with this article shall apply.
92. e) Three primary and two alternate members are first-class administrative judges and prosecutors who have not lost the qualifications required for first-class membership. They are elected by the administrative judges and prosecutors under the management and supervision of the Supreme Election Board. In these elections, which will be held in provinces with regional administrative courts and under the management and supervision of the Provincial Election Board, the administrative judges and prosecutors serving in that regional administrative court and in places within the jurisdiction will vote. The provisions of subparagraph (d) also apply to these elections.

The principal members of the High Council of Judges and Public Prosecutors elected in accordance with subparagraphs (a), (ç), (d) and (e) of the first paragraph shall begin their duties on the business day following the thirtieth day following the entry into force of this Law.

As of the date of entry into force of this Law, the duties of the principal and alternate members of the Supreme Council of Judges and Prosecutors, who come from the Court of Cassation and the Council of State, shall continue until the end of the term for which they were elected. Of these, those elected pursuant to subparagraph (b) of the first paragraph to replace members from the Court of Cassation who have completed their terms of office; and those elected pursuant to subparagraph (c) of the first paragraph to replace members from the Council of State who have completed their terms of office, shall take office in that order.

The term of office of the members elected pursuant to subparagraphs (b) and (c) of the first paragraph, who take office pursuant to the third paragraph, ends on the date of the term of office of the other Board members elected pursuant to subparagraphs (a), (ç), (d) and (e) of the first paragraph.

Until the necessary amendments are made to the relevant laws, the regular members elected to the High Council of Judges and Prosecutors shall enjoy all the financial and social rights and retirement rights stipulated in the relevant legislation for the Court of Cassation department head. In addition, regular members of the Council, excluding the President, shall receive an additional monthly compensation calculated by multiplying the indicator number (30,000) by the coefficient applied to civil servant salaries.

Until the relevant laws are amended, the High Council of Judges and Prosecutors;

1. a) It operates as a Board in accordance with the provisions of the law in force, provided that it does not contradict the provisions of the Constitution.
2. b) It meets under the chairmanship of the Minister of Justice within one week from the date on which its principal members take office in accordance with the second paragraph and elects a temporary Deputy President.
3. c) It meets with at least fifteen members and decides with the absolute majority of the total number of members.
4. c) Secretariat services are carried out by the Ministry of Justice.

Until Board inspectors and justice inspectors are appointed, the existing justice inspectors serve as Board inspectors and justice inspectors.

The provisions of this article shall apply until the necessary amendments are made in the relevant laws.

Temporary Article 20 – (Added: 20/5/2016-6718/1 art.)

On the date of the adoption of this article by the Turkish Grand National Assembly, the provision of the first sentence of the second paragraph of Article 83 of the Constitution shall not apply to members of parliament who have files regarding the lifting of their parliamentary immunity that have been forwarded to the Ministry of Justice, the Prime Ministry, the Presidency of the Turkish Grand National Assembly, or the Presidency of the Joint Commission composed of members of the Constitution and Justice Committees, from the authorities authorized to investigate or authorize investigation or prosecution, from the Chief Public Prosecutor’s Office and the courts.

Within fifteen days from the date of entry into force of this article, the files regarding the lifting of parliamentary immunity held by the Presidency of the Joint Commission composed of members of the Constitution and Justice Commissions, the Presidency of the Grand National Assembly of Turkey, the Prime Ministry and the Ministry of Justice shall be returned to the competent authority for necessary action.

Temporary Article 21 – (Added: 21/1/2017-6771/17 art.)

2019. A) The parliamentary elections for the 27th Legislative Term of the Grand National Assembly of Turkey and the presidential election will be held together on November 3, 2019. The members of the Grand National Assembly of Turkey and the President will continue in office until the election. If the Assembly decides to hold an election, the parliamentary elections for the 27th Legislative Term and the presidential election will be held together.
2020. B) Within six months of the publication date of this Law, the Grand National Assembly of Turkey shall make the amendments to the Parliamentary Rules of Procedure and other legal regulations required by the amendments made by this Law. Amendments specified to be regulated by presidential decree shall be made by the President no later than six months from the date of the President’s inauguration.
2021. C) According to the regulation stipulated in Article 159 of the Constitution, members of the Council of Judges and Prosecutors shall be elected within thirty days at the latest and shall commence their duties on the business day following the fortieth day following the entry into force of this Law. Applications shall be submitted to the Presidency of the Grand National Assembly of Turkey within five days of the entry into force of this article. The Presidency shall forward applications to the Joint Commission, composed of members of the Constitution and Justice Committees. The Commission shall, within ten days, determine three candidates for each position by a two-thirds majority of the total number of members. If the election cannot be concluded with a two-thirds majority on the first ballot, second and third ballots shall be held; the candidate who receives a three-fifths majority of the total number of members in these ballots shall be elected. If a three-fifths majority is not achieved on the third ballot, the selection of members shall be completed by drawing lots from among the candidates who receive the most votes, twice the number of members to be elected. The General Assembly of the Grand National Assembly of Türkiye shall complete the election within fifteen days, observing the same procedures and quorums. The current members of the Supreme Council of Judges and Prosecutors shall continue their duties until the new members take office and shall serve in accordance with the provisions of the current law during this period. The new members shall serve in accordance with the provisions of the current law that do not conflict with the Constitution until the relevant law is amended. Among the members whose terms have expired and who are not re-elected to the Council of Judges and Prosecutors, those elected from among judges and prosecutors of the judiciary shall be elected to the Court of Cassation upon their request, and those elected from among judges and prosecutors of the administrative judiciary shall be elected to the Council of State by the Council of Judges and Prosecutors. Those elected from among faculty members and attorneys shall be appointed to the Council of State by the President. In such elections and appointments, the presence of vacancies shall be disregarded; and the number of members added to the positions of the Court of Cassation and the Council of State shall be equal to the number of elected and appointed members.
2022. D) Membership of the persons elected to the Constitutional Court by the Military Court of Cassation and the Military High Administrative Court continues until their duties end for any reason.
2023. E) As of the date of entry into force of this Law, the Military Court of Cassation, the Military High Administrative Court and military courts have been abolished.

Within four months from the date of entry into force of this Law; the President, Chief Public Prosecutor, Vice President and members of the Military Court of Cassation and the Military High Administrative Court from the military judge class and other military judges (excluding reserve officers) will be appointed by taking their preferences and qualifications into consideration;

1. a) They may be appointed as judges or prosecutors in judicial or administrative courts by the Council of Judges and Prosecutors.
2. b) Judges and prosecutors who are members of the judicial or administrative judiciary, with respect to their monthly salaries, supplementary indicators, allowances, judicial allowances, supplementary payments, financial and social rights and aids, and other rights, shall be appointed by the Ministry of National Defense to the legal services positions of the Ministry or the General Staff in their current classes, continuing to apply the provisions of the legislation effective on the date of entry into force of this Law. The procedures and principles regarding the compensation to be paid to those who voluntarily resign from their positions before reaching retirement age shall be regulated by law.

Among the files being processed by the abolished military judicial authorities, those at the stage of legal review shall be sent to the Supreme Court of Appeals or the Council of State, depending on their relevance, and other files shall be sent to the competent and authorized judicial or administrative judicial authorities, depending on their relevance, within four months.

1. F) The decrees having the force of law, regulations, bylaws, regulations issued by the Prime Ministry and the Council of Ministers, and other regulatory acts in effect on the date this Law comes into force shall remain in effect unless repealed. Articles 152 and 153 shall continue to apply to the decrees having the force of law in effect.
2. G) The powers granted to the Prime Ministry and the Council of Ministers by laws and other legislation are exercised by the President until changes are made to the relevant legislation.
3. H) The provision of the last paragraph of Article 67 of the Constitution shall not apply to the first parliamentary and presidential elections to be held together after the date of entry into force of this Law.

PART SEVEN

FINAL PROVISIONS

1. Amendment of the Constitution, participation in elections and referendums:

Article 175 – (Amended: 17/5/1987-3361/3 art.)

Amendments to the Constitution may be proposed in writing by at least one-third of the total membership of the Grand National Assembly of Turkey. Proposals for amending the Constitution are debated twice in the General Assembly. The adoption of a proposed amendment is possible by a secret ballot vote of a three-fifths majority of the total membership of the Assembly.

The discussion and acceptance of proposals for amending the Constitution are subject to the provisions regarding the discussion and acceptance of laws, except as provided in this article.

The President may return laws concerning constitutional amendments to the Turkish Grand National Assembly for further consideration. If the Assembly approves the returned law by a two-thirds majority of its total membership, the President may submit the law to a referendum.

The Law on Constitutional Amendment, which is approved by the Assembly with a vote of three-fifths or less than two-thirds of the total number of members, is published in the Official Gazette to be submitted to a referendum, unless it is returned to the Assembly by the President.

A constitutional amendment law or its articles, if approved by a two-thirds majority of the total number of members of Parliament, either directly or upon the President’s return, may be submitted to a referendum by the President. Any constitutional amendment law or articles not submitted to a referendum shall be published in the Official Gazette.

In order for the laws regarding the Constitutional amendments submitted to a referendum to come into force, more than half of the valid votes cast in the referendum must be in favor.

During the adoption of laws regarding constitutional amendments, the Turkish Grand National Assembly also decides which of the amended provisions of the Constitution will be voted on together and which will be voted on separately, in the event that this Law is submitted to a referendum.

All necessary measures, including fines, are taken by law to ensure participation in referendums, parliamentary general and by-elections, and local general elections.

1. Initial and side headings

Article 176 – The preamble, which specifies the basic views and principles on which the Constitution is based, is included in the text of the Constitution.

Article headings merely indicate the subject matter of the articles to which they relate and the order and connection between the articles. These headings are not considered part of the Constitutional text.

III. Entry into force of the Constitution

Article 177 – This Constitution shall become the Constitution of the Republic of Turkey upon its acceptance by referendum and publication in the Official Gazette, and shall enter into force in its entirety, except for the exceptions listed below and the provisions regarding the entry into force of these exceptions.

1. a) SECOND PART II. Provisions regarding personal liberty and security, press and publication, rights and freedoms of assembly,

Provisions in Section III regarding work, collective bargaining, the right to strike and lockout,

These provisions shall enter into force when new laws are enacted or existing laws are amended, and in any case, no later than when the Grand National Assembly of Turkey assumes office. However, until these provisions enter into force, existing laws and the declarations and decisions of the National Security Council shall apply.

1. b) The provisions in the SECOND SECTION regarding the rights to engage in political activities and political parties, the Political Parties Law to be prepared based on these;

The right to vote and be elected is determined by the Election Law, which will be prepared based on these provisions;

It shall enter into force upon its publication.

1. c) Provisions regarding legislation in the THIRD PART;

These provisions shall enter into force upon the announcement of the results of the first parliamentary general election. However, the provisions of this section concerning the duties and powers of the Grand National Assembly of Turkey shall be implemented by the National Security Council until the Grand National Assembly of Turkey assumes office, subject to the provisions of Law No. 2485 on the Constituent Assembly dated 29 June 1981.

1. d) All provisions in PART THREE concerning the duties and powers of the President, the State Supervisory Council, the statutes under the heading of the Council of Ministers, National Defense, emergency administrative procedures, local administrations under the heading of administration, and all provisions concerning the judiciary except the Atatürk Supreme Institution of Culture, Language, and History, and all provisions concerning the judiciary except the State Security Courts, shall enter into force upon the publication in the Official Gazette of the Constitution’s adoption by referendum. Provisions concerning the President and the Council of Ministers that have not entered into force shall enter into force upon the assumption of office of the Turkish Grand National Assembly, and provisions concerning local administrations and the State Security Courts shall enter into force upon the publication of the relevant laws.
2. e) If the provisions of the Constitution that will enter into force with the declaration of its acceptance as a result of the referendum and the need to re-enact laws for existing and future institutions, organizations and boards or to amend existing laws are necessary, the relevant procedures shall be implemented in accordance with the provisions of existing laws that are not contrary to the Constitution or direct provisions of the Constitution, in accordance with Article 11 of the Constitution.
3. f) The provision of the second paragraph of Article 164, which regulates the procedure for discussing the draft final account law, shall come into effect in 1984.

PROVISIONS THAT CANNOT BE IMPLEMENTED IN THE LAW NO. 2709 DATED 18/10/1982

1- This is the provision of Law No. 4121 dated 23/7/1995 .

Article 16 – In case this Law is submitted to a referendum,

Article 1,

Articles 2, 3, 13 and 15 together,

Article 4,

Article 5,

Articles 6, 7 and 14 together,

Article 8 and the first paragraph of Article 17 together,

Articles 9 and 10 together,

Article 11,

Article 12,

Voted separately.

The referendum is held together with the first general parliamentary election.

2– This is the provision of Law No. 4446 dated 13/8/1999.

Article 4 – This Law shall enter into force on the date of its publication and, if submitted to a referendum, Article 1 shall be voted separately, and Articles 2 and 3 shall be voted together.

3– These are the provisions of Law No. 4709 dated 3/10/2001.

Temporary Article – A) The provision added as the last paragraph to Article 67 of the Constitution by Article 24 of this Law shall not be applied in the first general election to be held after this Law enters into force.

1. B) The amendment made in Article 87 of the Constitution by Article 28 of this Law shall not apply to those who committed the acts in Article 14 of the Constitution before the effective date of this Law.

Article 35 – This Law shall enter into force on the date of its publication and shall be voted in its entirety if submitted to a referendum.

4– This is the provision of Law No. 4777 dated 27/12/2002.

Temporary Article 1 – The last paragraph of Article 67 of the Constitution of the Republic of Turkey shall not apply to the first by-election to be held during the 22nd term of the Grand National Assembly of Turkey .

Article 3 – This Law shall enter into force on the date of its publication and shall be voted in its entirety if submitted to a referendum.

5– This is the provision of Law No. 6771 dated 21/1/2017.

ARTICLE 18 – With this Law, the Constitution;

1. a) Amendments made in Articles 8, 15, 17, 19, 73, 82, 87, 88, 89, 91, 93, 96, 98, 99, 100, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 and the repeal of the second and third paragraphs of Article 114, amendments made in Articles 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 and 125 and amendment to the last paragraph of Article 127; The amendments made to articles 131, 134, 137, the amendment to the first paragraph of article 148 and the amendment to the phrase “members of the Council of Ministers” in its sixth paragraph, the amendments made to articles 150, 151, 152, 153, 155, the second paragraph of articles 161, 162, 163, 164, 166 and 167, and paragraphs (F) and (G) of the provisional article 21 shall apply on the date the President takes office as a result of the joint elections of the Grand National Assembly of Türkiye and the Presidency of the Republic.
2. b) Amendments made to articles 75, 77, 101 and 102 shall take effect on the date the calendar for the first concurrent Turkish Grand National Assembly and Presidential elections begins,
3. c) On the date of publication, in terms of other amended provisions and the repeal of the phrase “The person elected as President shall sever his/her ties with his/her party, if any” in the last paragraph of Article 101,

shall enter into force and be voted on in its entirety if submitted to a referendum.

LEGISLATION ADDING AND AMENDING LAW NO. 2709 OR

CONSTITUTIONAL COURT DECISIONS

TABLE SHOWING ENFORCEMENT DATES