Charter amendment draft submitted to Turkey’s parliament

The constitutional amendment package introducing a shift to a presidential system was submitted to Turkey’s parliament on Dec. 10, after the ruling Justice and Development Party (AKP) struck an agreement with the opposition Nationalist Movement Party (MHP) on the draft amendments.

AKP deputy parliamentary group chair Mustafa Elitas submitted the draft including 21 articles to Parliament Speaker Ismail Kahraman with 316 signatures. Respective representatives from the AKP and the MHP, Abdurrahim Gül and Mehmet Parsak later made a joint statement detailing the draft.

“We have submitted a charter draft that removes polarization,” Gül said. Meanwhile, Parsak said removing “Turk” expression was not part of the bill. “It cannot be even put into discussion. The first 4 articles of our constitution is out of discussion,” he said.

According to the package, the president will hold the sole head of the executive and will have the authority to appoint vice presidents, ministers and high-level public officials with the abolishment of prime ministerial post.

The package proposes that the president will be able to retain links to the political party he or she is a member of. The president will also have the authority to issue decrees, declare a state of emergency and abolish the parliament.

 

On the issue of prosecution of the president, the draft proposes that if an absolute majority of the deputies agree, a charge against the president can be brought to the parliament. The president can be referred to a parliamentary investigative commission if 360 out of 600 deputies agree. After the commission’s inquiry, a two-thirds majority will be sought to refer the president to the Supreme Court.

According to the draft, the age of candidacy has been reduced to 18 from 25.

The draft also increases the number of deputies at the parliament to 600 from 550.

Party candidates who are not elected the parliament will also serve as substitute deputies if deputy’s seat from their respective electoral region becomes vacant.

With the bill, only lawmakers will have the authority to propose new bills of law. However, the president will be authorized to prepare and present the budget law. The budget will be accepted with the approval of the parliamentary assembly.

The structure of the Supreme Board of Judges and Prosecutors (HSYK) has also been changed with a new formation composed of 12 members and two offices. Half of the members will be elected by the parliament while the other half will be elected by the president.

Military courts will also be removed except discipline courts, according to the draft. Commander of the Gendarmarie Forces will be removed from the National Security Council (MGK) membership.

Commenting on the draft, Prime Minister Binali Yildirim said at least five articles, which had been previously agreed between AKP, MHP and Republican People’s Party (CHP) in the parliamentary constitution commission, were also added to the draft, including the abolishment of military courts and the independence and impartiality of the judiciary.

The system will begin to be used in full after presidential and parliamentary elections in 2019, which will be held simultaneously.