The Republican People's Party, DEVA Party, Democrat Party, Future Party, IYI Party and Felicity Party presented the constitutional amendment proposals they agreed on for the transition to the Strengthened Parliamentary System, today at the Bilkent Hotel in Ankara by leaders Kemal Kılıçdaroğlu, Ali Babacan, Gültekin Uysal, Ahmet Davutoğlu. announced at the meeting attended by Meral Akşener and Temel Karamollaoğlu.
CHP Deputy Chairman Muharrem Erkek, DEVA Party Deputy Chairman Mustafa Yeneroğlu, Democrat Party Secretary General Serhan Yücel, Future Party Deputy Chairman Serap Yazıcı, IYI Party Secretary General Uğur Poyraz and Felicity Party Deputy Chairman Bülent Kaya introduced.
The members of the commission that prepared the bill will visit media organs, bar associations, non-governmental organizations, professional organizations, business world, trade unions, women's and youth organizations in the coming days. In addition, six political parties will come together with civil society by organizing joint programs across Turkey.
The constitutional amendment proposal of the six-table consists of 84 articles. In the new system, in which the separation of powers is emphasized, it is aimed that the legislature is effective and participatory, the executive is stable, transparent and accountable, and the judiciary is independent and impartial. The agreed text states that "We are determined to build a strong, liberal, democratic and fair system".
The highlights of the six-table's constitutional amendment package are as follows:
“Party presidency period will end”
The President will be elected by the people for a 7-year term and his relationship with his party will end with the election. A president whose term has expired will not be able to assume an elected political office. The President will be deputized by the Speaker of the National Assembly. The compelling veto effect of the President on laws is ended and the right to send them back is given
“Libertarian understanding will be given to the Constitution”
The proposal of the six-table clears the Constitution from the understanding that emphasizes fundamental rights as “duty” and limits freedoms with the concept of duty. A libertarian understanding is given to the Constitution. The traces of authoritarian understanding are being erased from the constitution. The Constitution regulates "fundamental rights and freedoms" instead of "fundamental rights and duties".
"Human dignity" will be the basic principle of the Constitution"
The first article of the constitution, which regulates fundamental rights, adds the phrase "Human dignity is inviolable and is the basis of the constitutional order". With this emphasis, it is ensured that the Constitution gains a perspective based on human dignity. It is emphasized that the main function of the state is to protect and respect human dignity.
“In case of hesitation, the interpretation will be made in favor of freedom”
Article 13 of the Constitution states that “Liberty is the main limitation and exception. In case of hesitation, the interpretation is made in favor of freedom” is added. Thus, the idea of limiting fundamental rights and freedoms is moving to the period of supremacy of fundamental rights and freedoms.
“Freedom of criticism will be guaranteed”
Freedom of thought, opinion and expression is regulated in a single article. Freedom of criticism is guaranteed with the amendment to Article 25 of the Constitution. Arbitrary limitations are avoided.
“Animal rights will enter the Constitution for the first time”
With the amendment made in Article 56 of the Constitution, the right to health and the right to the environment are re-arranged in the Constitution, while animal rights are given constitutional guarantee for the first time.
“Party closure will be made harder”
It is becoming more difficult to open cases for closure of political parties. Except for resorting to violence or inciting violence, a warning condition is introduced in order to file party closure cases. The opening of the closure case depends on the permission to be obtained by the votes of two-thirds of the Turkish Grand National Assembly. It is regulated that the statements used by the deputies in the parliamentary tribune cannot be evidence in party closure cases. Administrative fines are added to the sanctions that may arise from these cases.
“The lifting of immunity will be made more difficult”
It is regulated that deputies cannot benefit from immunity only in the case of flagrante delicto, which falls under the jurisdiction of the heavy penal court. In Article 83 of the Constitution, the reference to Article 14 of the Constitution is removed from the text. It is stipulated that a decision will be taken with the absolute majority of the total number of members in order to lift the immunity. It is regulated that the decision of the Constitutional Court will be awaited if an individual application is made in the decision of dismissal of a deputy.
“Those who are found guilty of violence against women will not be able to become parliamentarians”
Even if they have been pardoned, those who have been convicted of sexual assault, sexual abuse of children, intentionally injuring women and misconduct are not eligible to be elected as parliamentarians.
“The field of individual application to the Constitutional Court will be expanded”
The number of members of the Constitutional Court is increased from 15 to 22. It is envisaged that 20 of the members will be elected by the Turkish Grand National Assembly and 2 by the President. The number of divisions of the court is increased from 2 to 4. Individual application to the Constitutional Court is opened for alleged violations of the rights set forth in the Constitution or the European Convention on Human Rights.
“The decision to withdraw from international agreements will clearly be subject to the approval of the Grand National Assembly of Turkey”
The condition that the TGNA approves for withdrawal from an international agreement to which Turkey is a party is clearly regulated in the Constitution.
“Everyone will comply with the invitation of the Parliamentary Investigation Commission”
Parliament's supervisory power is strengthened. For a transparent and accountable administration, the tools that will hold the government accountable are increased and made effective. The opposition is given the right to hold a general meeting by setting the agenda for at least twenty days in a legislative year. It is regulated that everyone must comply with the invitation of the Parliamentary Investigation Commission.
“The parliament of the nation will gain budget authority”
Budgetary power is returned to the Parliament. In order to ensure that governments carry out their policies in accordance with the limits of the Budget Law, the Final Account is regulated in a separate article in the Constitution. According to the amendment, the Final Accounts Commission is established and its chairman is required to be a deputy of the main opposition party.
“The current government cannot be overthrown before a new government is formed”
The authority to impeach the government, prime minister and ministers is established. With this innovation, it is obligatory to add the name of the new Prime Minister to the motions of no confidence filed against the Council of Ministers. Thus, the parliament will be able to overthrow the current government only if it can unite in forming the new government as a requirement of stability.
“HSK will be closed”
The Council of Judges and Prosecutors is closed, and the Council of Judges and Prosecutors are established. In order to ensure the independence of the judiciary, the Minister of Justice and his deputy are no longer members of the Council of Judges.
“OHAL Decrees will be ended”
Emergency decrees are lifted. It is regulated that the measures regarding the State of Emergency will be regulated by the Law on the State of Emergency, and the Law on the State of Emergency cannot prevent judicial action against administrative actions and transactions arising from this law.
“The defense and the prosecution will be equalized”
Geographical coverage is provided to judges and prosecutors. The independence of the defense is emphasized. The defense office, which is one of the fundamental elements of the judicial process, is regulated by a constitutional provision for the first time, giving this office an equal status with the prosecution. It is clearly regulated in the Constitution that there will be a bar association in each province.
“The Court of Accounts and YSK will be the high court”
The Court of Accounts is given the status of a high court. The scope of the agency's supervisory authority is being expanded. The Supreme Election Board is regulated as a high court in the judiciary section of the Constitution, and the nature of the board is clarified. The decisions of the Supreme Board of Elections on the right to elect, be elected and engage in political activities are subject to the Constitutional Court's review.
“RTÜK members will consist of journalists and academics”
Pluralism is ensured in the membership structure of the Radio and Television Supreme Council. RTÜK members are selected from among members of the press, communication and law faculty members. Qualified majority of the Turkish Grand National Assembly is sought in the election of members. It is emphasized that the Board will work on the principles of pluralism, autonomy and impartiality.
“The Council of State will decide on the dismissal of mayors”
The authority of the Ministry of Interior to dismiss mayors and councilors is being abolished. Instead, the condition of the Council of State decision is introduced. It is regulated that the suspension from duty can last for a maximum of six months.
“YÖK will be abolished”
The Council of Higher Education is abolished. Provided that the academic, administrative and financial autonomy of universities is not violated, the Higher Education Supreme Council, which will be the planning and coordination board, is organized.
Günceleme: 28/11/2022 14:39