01.12.2022
01.12.2022
"Now's the Time for Democracy"
The Table of Six has announced its constitutional amendment proposal using the slogan "Now's the Time for Democracy". According to the amendment bill, the era of the partisan presidency will come to an end. The Constitution will be made liberal. The parliament will be strong, the judiciary independent, and the executive stable. In the strengthened parliamentary system, the incumbent government will not be dissolved before a new government is formed. Party closures will be made harder. Animal rights will form part of the Constitution. Those convicted of violence against women will not be able to become members of parliament.
The Republican People's Party, DEVA Party, Democrat Party, Future Party, İYİ Party and Felicity Party announced their constitutional amendment proposal for the transition to a strengthened parliamentary system at an event at Bilkent Hotel in Ankara today that saw the attendance of party leaders Kemal Kılıçdaroğlu, Ali Babacan, Gültekin Uysal, Ahmet Davutoğlu, Meral Akşener, and Temel Karamollaoğlu.
CHP Deputy Chair Muharrem Erkek, DEVA Party Deputy Chair Mustafa Yeneroğlu, Democrat Party Secretary-General Serhan Yücel, Future Party Deputy Chair Serap Yazıcı, İYİ Party Secretary General Uğur Poyraz, and Felicity Party Deputy Chair Bülent Kaya introduced the constitutional amendment proposal.
Table of Six to organize joint events
The members of the committee drafting the bill will visit media outlets, bar associations, civil society organizations, professional organizations, the business community, trade unions, and women's and youth organizations in the coming days. In addition, six political parties will meet with civil society by organizing joint programmes across Turkey.
Separation of powers will be established
The constitutional amendment proposal by the Table of Six includes 84 articles. The new system, emphasizing the separation of powers, aims to ensure that the legislature is effective and participatory; the executive is stable, transparent, and accountable; and the judiciary is independent and impartial. The agreed text reads: "We are determined to build a strong, liberal, democratic, and just system".
Here are some of the highlights from the constitutional amendment bill:
The era of partisan presidency will come to an end.
The President will be elected by the people for seven years and their relationship with their party will end upon election. An outgoing president will not be able to assume an elected political office. The President will be deputised by the Speaker of the Grand National Assembly of Turkey (GNAT). The President's overbearing veto power over acts of parliament will be terminated, with a right to return bills to parliament for reconsideration being granted to the President.
The Constitution will be liberal
The proposal by the Table of Six strips the Constitution from the approach of seeing fundamental rights as 'duties' and gives the Constitution a liberal spirit. The Constitution will be liberal. Traces of authoritarianism will be erased from the Constitution. The Constitution lays down 'fundamental rights and freedoms' instead of 'fundamental rights and duties'.
'Human dignity' will be at the centre of the Constitution
The wording "Human dignity is inviolable and fundamental to the constitutional order" will be added to the first article of the Constitution on fundamental rights. The Constitution thereby gains a perspective centred on human dignity. It is emphasized that the basic function of the state is to protect and respect human dignity.
In case of uncertainty, interpretation will favour freedoms
The wording "Freedoms shall be essential and restrictions thereof exceptional. In case of uncertainty, interpretation shall favour freedoms" will be added to article 13 of the Constitution. Therefore, we are going from an era of restriction of fundamental rights and freedoms to one where they are upheld.
Freedom to criticize will be guaranteed
Freedom of thought, opinion and expression will be enshrined in a single article. The amendment to article 25 of the Constitution will guarantee freedom of criticism. Arbitrary practices will be prevented.
Animal rights will be part of the Constitution for the first time
With the amendment to article 56 of the Constitution, the right to health and the right to environment will be reorganised in the Constitution, while animal rights will be constitutionally guaranteed for the first time.
Party closures to be made harder
Filing of lawsuits to have a political party dissolved will be made harder. Except for the cases in which a political party resorts to or incites violence, there will first be a condition for first warning for taking legal action to have a party dissolved. The initiation of a closure action will be subject to authorisation by a two-thirds majority of the GNAT. It will be ensured that statements made by MPs on the parliament floor cannot be used as evidence in party dissolution cases. Administrative fines are added to the possible list of sanctions that may result from these cases.
Stripping of immunity to be made harder
It will be regulated that MPs will not be able to benefit from immunity only in the event of being caught in the act of a criminal offence falling within the jurisdiction of an assize court. The reference in article 83 of the Constitution to article 14 of the Constitution will be removed from the text. It will be stipulated that a decision to lift immunity will be taken by an absolute majority of the total number of members. As regards the dismissal of an MP, it will be set out that the judgment of the Constitutional Court shall be awaited if an individual application has been made.
Those convicted of violence against women will not be able to become MPs
Even if they have been pardoned, those who have been convicted of sexual assault, sexual abuse of children, intentional injury to women and rigging the performance of a contract will not be eligible to be elected as member of parliament.
The scope of individual application to the Constitutional Court will be expanded
The number of members of the Constitutional Court will be increased from 15 to 22. It is envisaged that 20 of the justices will be elected by the GNAT and two by the president. The number of sections within the Court will be increased from two to four. Individual application to the Constitutional Court for the violation of rights set out in the Constitution or the European Convention on Human Rights will be ensured.
Decisions to withdraw from international agreements will be explicitly subject to the approval of the GNAT
The Constitution will clearly stipulate that withdrawal from an international agreement to which Turkey is a party must be approved by the Turkish Parliament.
Everyone will obey the summons of the Parliamentary Investigation Committee
The parliament's supervisory power will be strengthened. The instruments used to hold the government accountable for a transparent administration will be increased in number and made more effective. The opposition will be entitled to hold a general debate by setting the agenda for at least twenty days in a legislative year. Everyone will be obliged to comply with the summons of the Parliamentary Investigation Committee.
The assembly of the nation will have budgetary power
The budgetary powers will be returned to the parliament. In order to ensure that governments carry out their policies in accordance with the limits of the Budget Law, there will be a provision in the Constitution regarding final accounts. According to the amendment, a Final Accounts Committee will be set up and its chair will have to be an MP from the main opposition party.
Incumbent government will not be dissolved without the formation of a new government
The authority to censure the government, the prime minister and the ministers will be established. With this innovation, the name of the new Prime Minister must be added to motions of no confidence against the Council of Ministers. Thus, the parliament will only be able to overthrow the incumbent government only if it can unite to form a new government as a requirement of stability.
CJP to be abolished
The Council of Judges and Prosecutors will be abolished to be replaced by the Council of Judges and the Council of Prosecutors. In order to ensure judicial independence, the Minister of Justice and their deputy will no longer be members of the Council of Judges.
State of Emergency Decree-Laws to be abolished
State of Emergency Decree-Laws will be abolished. It will be set out that the state of emergency measures will be regulated by the State of Emergency Law and the right to legal remedy against administrative actions based on this law will not be blocked.
Defence and prosecution to be on equal footing
Judges and prosecutors will enjoy geographical guarantees. The independence of the defence is stressed. For the first time, the defence, one of the fundamental elements of the judicial process, will be regulated by a constitutional provision, giving it an equal status with the prosecution. The Constitution will clearly stipulate that there could be only one bar association in each province.
Court of Accounts (CoA) and Supreme Electoral Council (SEC) to be high courts
The CoA will have a high court status. The scope of the CoA's auditing authority will be expanded. The Supreme Electoral Council will be defined as a high court in the judiciary section of the Constitution, and the nature of the Council will be clarified. Decisions of the Supreme Electoral Council regarding the right to vote, to be elected and to engage in political activity will be subject to the review of the Constitutional Court.
RTÜK members will consist of journalists and academics
Pluralism is ensured in the membership composition of the Radio and Television Higher Council (RTÜK). RTÜK members will be elected from among members of the press and faculty members of communication and law faculties. A qualified majority of the Grand National Assembly of Turkey will be required for the election of members. It will be emphasized that the Council will work in accordance with the principles of pluralism, autonomy, and impartiality.
The Council of State to rule on the suspension of mayors
The authority of the Ministry of the Interior to suspend mayors and city council members from office will be abolished. Instead, the requirement of a Council of State decision will be introduced. It will be set out that the suspension may last for a maximum of six months.
YÖK to be abolished
The Higher Education Council (YÖK) will be abolished. A Higher Education Supreme Council will be set up with the express purpose of planning and coordination in a way that will not violate the academic, administrative, and financial autonomy of universities.
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