Law No. 2709 Pertaining to Amending the Preamble and Some of the Articles of the Constitution of the Republic of Turkey

The PREAMBLE of the Constitution of the Republic of Turkey dated 7.11.1982 No.2709 has been amended as follows:

"PREAMBLE

In parallel with the concept of nationalism and the reforms and principles set forth by the founder of the Republic of Turkey Ataturk, the immortal leader and the unrivaled hero, this Constitution, which determines the everlasting existence of the Turkish nation and country and the indivisible unity of the Turkish State, embodies;

The determination to ensure the everlasting existence, welfare, material and spiritual well-being of the Republic of Turkey as an honorable member with equal rights of the family of world nations and to attain the standards of contemporary civilization for the Republic of Turkey;

The understanding of the absolute supremacy of national will and of the full and unconditional vestiture of sovereignty in the Turkish Nation and that no person or institution vested with the power of exercizing this sovereignty in the name of the Nation shall exceed the boundaries of liberal democracy and the legal system determined by its requirements;

The principle of the separation of powers, which does not mean a hierarchical ordering of the state organs but refers solely to the exercizing of certain State authorities and duties, which is limited to cooperation and the division of functions, and which accepts the supremacy of the Constitution and the law;

The principle that no idea or opinion contrary to Turkish national interests, the principle of the indivisibility of the Turkish entity with its State and country, the Turkish historical and spiritual values, nationalism, the principles and reforms and modernization concepts set forth by Ataturk shall be supported, and that, as it is required by the principle of secularism, the sacred tenets of religion shall in no way be involved in the affairs of the State and in politics;

The birthright of every Turkish citizen to exercise the fundamental rights and freedoms set forth by this Constitution according to the requirements of equality and social justice, in order to lead a dignified life in a civilized and legal system as well as the right and authority to develop one's material and spiritual being towards this end;

The principle of sharing by Turkish citizens as a whole of national pride and honor, of national joy and grief of rights and duties concerning national entity, of benefits and burdens and of all of the manifestations of living as a nation, and the right to demand a peaceful life with absolute respect for each other's rights and duties, with mutual feelings of affection and fraternity, and with the wish and belief in "peace at home, peace in the world."

This Constitution which contains the above-mentioned IDEAS, BELIEFS, AND DETERMINATION and which is to be interpreted and implemented accordingly with respect for and absolute loyalty to its letter and spirit,

is entrusted BY THE TURKISH NATION to the patriotism and nationalism of its democracy-loving sons and daughters."

ARTICLE 2 –

The fourth and fifth paragraphs of Article 33 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709 have been repealed; the sixth, seventh and eighth paragraphs have been amended as follows:

"Associations may be dissolved or hindered from executing their activities by a decision of a judge in cases prescribed by law. In cases where any delay may endanger national security or public order and in cases where it is necessary to prevent the continuation of a crime or to stop a crime, an authority may be vested with the power of the law to suspend the association from its activity. The decision of the said authority shall be presented for approval to the judge in charge within twenty-four hours. Unless the judge declares a decision within seven days, this administrative decision shall be annulled automatically.

Provisions of the first paragraph shall not prevent the imposition of legal restrictions on the rights of the Armed Forces and Security Forces and on civil servants as required by their duties.

The provisions of this Article are also applicable to foundations."

ARTICLE 3 –

Article 52 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709 has been repealed.

ARTICLE 4 -

The following paragraph is included between the second and third paragraphs of Article 53 of the Constitution of the Republic of Turkey dated 7.11.1982, NO. 2709:

"The unions and their higher organizations, which will be established by the public employees mentioned in the first paragraph of Article 128 and which do not fall under the scope of the first and second paragraphs of Article 53 and also Article 54 overall, may appeal to judicial authorities on behalf of their members and may hold collective bargaining meetings with the Administration in accordance with their aims. If an agreement is reached as to the result of the collective bargaining, a text of the agreement will be signed by the parties. Such a text will be presented to the Council of Ministers in order to make administrative or judicial alignments. If such a text is not signed as a result of the collective bargaining, the points of agreement and disagreement will also be presented for evaluation to the Council of Ministers by the relative parties. The regulations for the execution of this article is stipulated by law."

ARTICLE 5

1.         Paragraphs two and three of Article 67 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709 have been amended as follows

"Elections and referenda shall be held under the direction and supervision of the judiciary, in accordance with the principles of free, equal, secret, and direct voting, universal suffrage, public counting and tally of the votes. However, special legal arrangements will determine the provisions to enable those Turkish citizens who are abroad to exercise their right to vote.

All Turkish citizens over the age of eighteen shall have the right to vote in elections and to take part in referenda."

2.         The fifth paragraph of the same Article has been amended as follows:

"Privates and corporals serving in the Armed Services, students in military schools, and convicts in penal execution institutions cannot vote. The Supreme Election Board shall determine the measures to be taken to ensure the security of the counting and tallying of votes when detainees in penal execution institutions or prisons exercise their right to vote; such voting is done under the on-site direction and supervision of an authorized judge."

3.         The following paragraph has been added as paragraph six to the same Article:

"The laws about elections shall be drawn in accordance with the principles of fair representation and consistency in administration."

ARTICLE 6 -

Article 68 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709 has been amended as follows:

"A.Forming Parties, Becoming a Member in and Resignation From Membership in a Party

Article 68

Citizens are free to form political parties in accordance with the law and become a member of and withdraw from a party. One must be over eighteen years of age to become a member of a party.

Political parties are an inevitable element of political life.

Political parties are formed without prior permission and continue their activities in accordance with the Constitution and legal provisions.

The statutes and programs, as well as the activities of political parties shall not be in conflict with the independence of the State, its indivisible integrity with its country and Nation, human rights, the principles of equality and rule of law of the State, sovereignty of the nation, the principles of a democratic and secular Republic; they shall not aim to protect or establish any class or group dictatorship or any kind of dictatorship; they shall not encourage committing a crime.

Judges and prosecutors, members of higher judicial organs including the Court of Accounts employees in public institutions and organizations who have civil servant status, other public employees who are not considered to be laborers by virtue of the services they perform, members of the armed forces and students who are not yet in higher education institutions, cannot become members of political parties.

The membership of the members of the Higher Education Institutions in political parties is regulated by law. The said law does not allow those members to assume responsibilities outside of the central organs of the political parties and sets the regulations by which those members of the Higher Education Institutions must abide as members of political parties.

The principles and limitations concerning the membership of students at higher education institutions are regulated by law.

The State gives financial support to political parties in sufficient amounts and in an equitable manner. The aid given to political parties, monthly dues collected from members and donations are regulated by law."

ARTICLE 7 -

Article 69 of the Constitution of the Republic of Turkey dated 7.11.1982 No.2709 has been amended as follows:

B.Principles to be Observed by Political Parties

Article 69

The activities, internal regulations and operation of political parties shall be in accordance with democratic principles. The application of these principles is regulated by law.

Political parties shall not engage in commercial activities.

The incomes and expenditures of political parties shall be in accordance with their objectives. The application of this rule is regulated by law. Laws regulate the supervision of the receipts and acquisitions of political parties, the establishment of the legality of their incomes and expenditures by the Constitutional Court, the supervision methods of compliance to these principles and the sanctions to be enforced in case of infractions. The Constitutional Court may work in cooperation with the Court of Accounts in carrying out this supervisory duty. The decisions taken by the Constitutional Court as a result of the said supervision shall be final.

The decisions concerning the dissolution of political parties shall be taken by the Constitutional Court in the form of final decisions, as a result of lawsuits initiated by the attorney-general of the Supreme Court of Appeals.

The decision to dissolve a political party permanently shall be taken when it is established that the statutes and program of the political party violate the provisions of the fourth paragraph of Article 68.

The decision to dissolve a political party permanently due to activities violating the provisions of the fourth paragraph of Article 68 may be taken only when the Constitutional Court determines that the party in question has become a center for the execution of such activities.

A party which has been dissolved permanently cannot be founded under another name. The members, including the founders, of a political party whose acts or statements have caused the party to be dissolved permanently cannot be founders, members, directors or supervisors in any other party for a period of five years starting on the date of publication in the Official Gazette of the Constitutional Court's final decision and its justification for permanently dissolving the party. Political parties which take financial aid from Foreign States, international institutions and persons and corporate bodies shall be dissolved permanently.

The foundation and activities of political parties, their supervision and dissolution, as well as the election expenditures and election methods of political parties and candidates, are regulated by law in accordance with the above mentioned principles."

ARTICLE 8 -

Article 75 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709 has been amended as follows:

"A.Composition

Article 75

The Turkish Grand National Assembly shall be composed of five hundred fifty deputies elected by universal suffrage.

One hundred of these deputies shall be elected in the nationwide electoral district."

ARTICLE 9 -

Article 84 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709 has been amended as follows:

"5.Loss of Membership

Article 84

The loss of membership of a deputy who has resigned shall be decided upon by the General Council of the Turkish Grand National Assembly after the Council of the Chairman of the Turkish Grand National Assembly determines the validity of the resignation.

The loss of membership caused by a final judicial sentence or deprivation of legal capacity shall be realized after the final court decision on this issue is communicated to the General Council.

The loss of membership of a deputy who insists on holding a position or continues an activity incompatible with membership according to Article 82, shall be decided by secret voting by the General Council, upon the submission of a report drawn by the authorized commission which determines the said situation.

The loss of membership of a deputy who fails to attend, without an excuse or permission, five meetings in a period of one month shall be decided by the absolute majority of the full members of the General Council after the Council of the Chairman of the Assembly determines the said situation.

The membership of deputies who, according to the final decision of the Constitutional Court concerning the permanent dissolution of a political party have, caused the permanent dissolution of their party by their acts and statements shall terminate on the day the said decision and its justifications are published in the Official Gazette. The Presidency of the Turkish Grand National Assembly shall immediately take the necessary actions concerning such a decision and shall inform the General Council."

ARTICLE 10 -

Article 85 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709 has been amended as follows:

"6.Annulment Procedures

Article 85

If the parliamentary immunity of a deputy has been waived or if the loss of membership has been decided according to the first, third or fourth paragraph of Article 84, the deputy in question or another deputy may appeal to the Constitutional Court within seven days, starting on the day the General Council of the Assembly took the decision, for the decision to be annulled on the grounds that it is contrary to the Constitution, law or the rules of procedure of the Assembly. Unless the Constitutional Court takes a final decision on the appeal within fifteen days, the decision of the Assembly does not come into force."

ARTICLE 11 -

The first paragraph of Article 93 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709 has been amended as follows:

"The Turkish Grand National Assembly shall convene of its own accord on the first day of October each year."

ARTICLE 12 -

The third paragraph of Article 127 of the Constitution of the Republic of Turkey dated 7.11. 1982, No.2709 has been amended as follows:

"Elections for local administrations shall be held every five years in accordance with the principles of Article 67. However, the general and by-elections for local administrative organs or for the members of these organs which need to be held within a year before or after the general or by-elections for deputies shall be held at the same time with the general or by-elections for deputies. Special administrative arrangements may be introduced by law for larger urban centers."

ARTICLE 13 -

The third, fourth, fifth, sixth seventh and eighth paragraphs of Article 135 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709 have been amended as follows:

"These professional organizations shall not engage in activities outside their founding objectives.

Political parties shall not nominate candidates in elections for the organs of these professional organizations or their higher bodies.

The rules concerning the administrative and financial supervision of these professional organizations by the State shall be prescribed by law.

The duties of the responsible organs of professional organizations engaged in activities outside their objectives shall be terminated by a court decision at the request of the attorney-general of the Supreme Court of Appeals; and new organs shall be elected in their place.

However, in cases where any delay may endanger national security and public order and in cases where it is necessary to prevent the continuation of a crime or to stop a crime, an authority may be vested with power by law to suspend professional organizations from activity. The decision of the said authority shall be presented for approval to the judge in charge within twenty-four hours. Unless the judge declares a decision within seven days, this administrative decision is annulled automatically."

ARTICLE 14 -

The following sentence has been added to the last paragraph of Article 149 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709:

"...and, in lawsuits on whether to permanently dissolve a political party or not, the Constitutional Court shall hear the defense of the head of the party the dissolution of which is in question or of a proxy appointed by the head, after the attorney-general of the Supreme Court of Appeals."

ARTICLE 15 -

The last paragraph of Article 171 of the Constitution of the Republic of Turkey dated 7.11.1982, No.2709 has been repealed.

ARTICLE 16 -

Should this Law be subject 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;

shall be voted on separately.

The referendum will be held in conjunction with the first general elections.

ARTICLE 17 -

Amendment to Article 75 of the Constitution, envisaged in Article 8, shall come into force at the beginning of the first general elections that will be held.

The other articles of this Law shall come into force on the date this Law is published in the Official Gazette.