Turkey 1982 Constitution (reviewed 2017)

PART SIX. Provisional Articles

PROVISIONAL ARTICLE 1

On the duly proclamation of the adoption of the Constitution as the Constitution of the Republic of Turkey by referendum, the Chairperson of the Council of National Security and Head of State at the time of the referendum, shall assume the title of President of the Republic and shall exercise the constitutional functions and powers of the President of the Republic for a period of seven years. The oath taken as Head of State on September 18, 1980 shall remain valid. At the end of the period of seven years, the election for the Presidency of the Republic shall be held in accordance with the provisions set forth in the Constitution.

The President of the Republic shall also hold the chairpersonship of the Council of National Security formed on December 12, 1980, under Act No. 2356, until the convening of the Grand National Assembly of Turkey and the formation of the Bureau following the first general elections.

If the Presidency of the Republic falls vacant for any reason before the Grand National Assembly of Turkey convenes and assumes its functions at the end of the first general elections, the most senior member of the National Security Council shall act as President of the Republic and exercise all his constitutional functions and powers until the Grand National Assembly of Turkey convenes and elects a new President of the Republic in accordance with the Constitution.

PROVISIONAL ARTICLE 2

The Council of National Security formed on December 12, 1980 under Act No. 2356 shall continue to exercise its functions under Act No. 2324 on the Constitutional Order and Act No. 2485 on the Constituent Assembly until the convening of the Grand National Assembly of Turkey and the formation of the Bureau following the first general elections held under the Political Parties Act and the Elections Act prepared in accordance with the Constitution.

After the adoption of the Constitution, Article 3 of Act No. 2356 relating to the procedure for winning a seat on the Council of National Security that falls vacant for any reason shall cease to apply.

After the Grand National Assembly of Turkey has convened and assumed its functions, the Council of National Security shall become the Presidential Council for a period of six years, and the members of the Council of National Security shall acquire the title of members of the Presidential Council. The oath they took on September 18, 1980 as members of the Council of National Security shall remain valid. Members of the Presidential Council shall enjoy the rights and immunities conferred by the Constitution on members of the Grand National Assembly of Turkey. The legal existence of the Presidential Council shall terminate on the expiry of the period of six years.

The functions of the Presidential Council shall be as follows:

1. To examine laws adopted by the Grand National Assembly of Turkey and submitted to the President of the Republic concerning: the fundamental rights and freedoms and duties set forth in the Constitution, the principle of secularism, the preservation of the reforms of Atatürk, national security and public order, the Turkish Radio and Television Corporation, international treaties, the sending of armed forces to foreign countries and the admission of foreign forces in Turkey, emergency rule, martial law and the state of war, and other laws deemed necessary by the President of the Republic, within the first ten days of the period of fifteen days granted to the President of the Republic for his consideration;
2. On the request of the President of the Republic and within the period specified by him:To consider and give an opinion on matters relating to the renewal of general elections, the exercise of emergency rule and the measures to be taken during a state of emergency, the management and supervision of the Turkish Radio and Television Corporation, the training of the youth and the conduct of religious affairs;
3. According to the request of the President of the Republic, to consider and investigate matters relating to internal or external security and such other matters deemed necessary, and to submit its findings to the President of the Republic.

PROVISIONAL ARTICLE 3

On the convening of the Grand National Assembly of Turkey and the formation of the Bureau following the first general elections held in accordance with the Constitution:

1. Act No. 2324 of October 27, 1980 on the Constitutional Order,
2. Act No. 2356 of December 12, 1980 on the Council of National Security,
3. Act No. 2485 of June 29, 1981 on the Constituent Assembly,

shall cease to have effect and the legal existence of the Council of National Security and the Consultative Assembly shall terminate.

PROVISIONAL ARTICLE 4

(Repealed on September 6, 1987; Act No. 3361)

PROVISIONAL ARTICLE 5

On the tenth day following proclamation of the results of the first general elections by the Supreme Board of Election, the Grand National Assembly of Turkey shall convene of its own accord at the building of the Grand National Assembly of Turkey in Ankara at 15.00 hours. The eldest deputy shall preside this session. At this session, the deputies shall take their oaths.

PROVISIONAL ARTICLE 6

Until the Grand National Assembly of Turkey, formed in accordance with the Constitution, adopts the Rules of Procedure, which shall govern its sessions and proceedings, those provisions of the Rules of Procedure of the National Assembly that were in force before September 12, 1980, and that are not contrary to the Constitution shall apply.

PROVISIONAL ARTICLE 7

The present Council of Ministers shall continue in office until the convening of the Grand National Assembly of Turkey and the formation of the new Council of Ministers following the first general elections.

PROVISIONAL ARTICLE 8

Laws relating to the formation, duties, powers and functioning of the new organs, institutions and agencies established under the Constitution and other laws whose introduction or amendment is provided for in the Constitution, shall be enacted during the period of Constituent Assembly, starting from the date of the adoption of the Constitution; laws that cannot be dealt with during this period shall be enacted within the year following the first session of the newly elected Grand National Assembly of Turkey.

PROVISIONAL ARTICLE 9

Within a period of six years following the formation of the Bureau of the Grand National Assembly of Turkey, which is to convene after the first general elections, the President of the Republic may send back to the Grand National Assembly of Turkey any constitutional amendments. In this case, the re-submission of the constitutional amendment in its unchanged form to the President of the Republic by the Grand National Assembly of Turkey is only possible with a three-fourths majority of the votes of the total number of members.

PROVISIONAL ARTICLE 10

Local elections shall be held within a year of the first session of the Grand National Assembly of Turkey.

PROVISIONAL ARTICLE 11

Regular and substitute members of the Constitutional Court who were in office on the date of the adoption of the Constitution by referendum shall continue to hold office and exercise their functions. The members previously elected by the Constitutional Court to specific offices shall retain the status thus acquired.

No election shall be held to fill the vacant seats of the regular members of the Constitutional Court until the number of these members falls to eleven, nor shall an election be held to fill the vacant seats of substitute members until the total number of regular and substitute members falls to fifteen. Until the Constitutional Court adapts to the new system, the principles and order of precedence set forth in the Constitution shall be observed in the elections which are to be held because the number of regular members has fallen below eleven, or because the total number of regular and substitute members has fallen below fifteen.

Until the number of regular members of the Constitutional Court falls to eleven, the quorum prescribed by Act No. 44 of April 22, 1962, shall be observed in all cases and proceedings.

PROVISIONAL ARTICLE 12

Persons appointed by the Head of State as regular and substitute members of the High Council of Judges and Prosecutors from among the members of the Court of Cassation and the Council of State under Provisional Article 1 of Act No. 2461 of May 13, 1981, on the High Council of Judges and Prosecutors; as Chief Public Prosecutor and Deputy Chief Public Prosecutor in accordance with the Provisional Article appended to Act No. 1730 on the Court of Cassation under Act No. 2483 of June 25, 1981; and as President, Chief Public Prosecutor, deputy presidents and heads of division of the Council of State under Provisional Article 14, paragraph 2 of Act No. 2575 of January 6, 1982 on the Council of State shall continue to exercise their functions until the end of the term of office for which they were elected.

The provisions of the provisional articles of Act No. 2576 of 6 January 1982 concerning the appointment of the presidents and members of administrative courts shall also remain in force.

PROVISIONAL ARTICLE 13

The elections of one regular and one substitute member to be elected to the High Council of Judges and Prosecutors from among the members of the Court of Cassation shall take place in twenty days following the entry into force of the Constitution.

Until the elected members assume the office, the quorum for meetings of the Council shall be met with the participation of substitute members.

PROVISIONAL ARTICLE 14

The obligation of the unions to deposit their revenues in the state banks shall be fulfilled within two years of the entry into force of the Constitution, at the latest.

PROVISIONAL ARTICLE 15

(Repealed on September 12, 2010; Act No. 5982)

PROVISIONAL ARTICLE 16

Persons who fail to participate in the referendum on the Constitution without valid legal or actual reasons despite being entitled to vote and being included in the register of electors and the polling station register compiled for the referendum, shall neither participate nor stand for election in general elections, by-elections, local elections or referendums for a period of five years following the referendum on the Constitution.

PROVISIONAL ARTICLE 17

In the first general elections held after the entry into force of this Act on the addition of a provisional article to the Turkish Constitution, the last paragraph of Article 67 of the Constitution shall not be applied to the provisions of Parliamentary Elections Act No. 2839, dated June 10, 1983, concerning the inclusion of independent candidates on joint ballot paper.

PROVISIONAL ARTICLE 18

The current substitute members of the Constitutional Court shall acquire the status of regular members on the date of entry into force of this Act.

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

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

1. The President of the Court of Accounts shall announce the beginning of the application process for candidacy within five days of the date of entry into force of this Act. Candidates shall apply to the Presidency within five days of the announcement. The General Assembly of the Court of Accounts shall hold elections within five days of the final date of application. The three candidates obtaining the greatest number of votes shall be nominated in these elections in which each member of the Court of Accounts may vote.
2. The Head of the Turkish Union of Bar Associations shall announce the beginning of the application process for candidacy within five days of the date of entry into force of this Act. Candidates shall apply to the Turkish Union of Bar Associations within five days of announcement. The election shall be held at the place and time indicated in the announcement of the Turkish Union of Bar Association within five days following the final date of application by the heads of the Bar Associations. The three candidates obtaining the greatest number of votes shall be nominated in these elections in which each head of bar may vote.
3. The names of those nominated through the elections held in accordance with subparagraphs (a) and (b) shall be notified to the Office of the Speaker of the Grand National Assembly of Turkey by the Presidency of the Court of Accounts and of the Turkish Union of Bar Associations on the day following the elections.
4. Elections shall be held at the Grand National Assembly of Turkey within ten days of the notification made in accordance with subparagraph (c). In elections held for each vacant position, a two- thirds majority of the total number of members in the first ballot and the absolute majority of the total number of members is required in the second ballot; in case the absolute majority of the total number of members is not attained in the second ballot, a third ballot shall be held between two candidates obtaining the greatest number of votes in the second ballot; the candidate who obtains the greatest number of votes in the third ballot shall be elected.

Following the vacancy of the positions allocated to the Court of Cassation and the Council of State, the President of the Republic shall choose one member for each vacancy, from among three candidates to be nominated for each vacant position by the Council of Higher Education from among members of the teaching staff in the fields of law, economics and political sciences who are not members of the Council of Higher Education.

The current members, as well as substitute members elected from the quotas allocated to institutions that have nominated members for the Constitutional Court shall be taken into consideration in the final election.

The status of those who have been appointed to certain posts in the Constitutional Court shall continue until the end of their term of office. Those who are members on the date of entry into force of this Act shall continue in their post until the statutory age limit.

Necessary legal arrangements on individual applications shall be completed within two years. Individual applications shall be accepted as from the date of the entry into force of the implementing law.

PROVISIONAL ARTICLE 19

The members of the High Council of Judges and Prosecutors shall be elected within thirty days as of the date of entry into force of this Act in accordance with the principles and procedures indicated below:

1. President of the Republic shall appoint four members, for whom there is no impediment to becoming a judge, from among teaching staff working in the field of law for at least fifteen years and lawyers who have completed fifteen years of active professional service.
2. The General Assembly of the Court of Cassation shall select three regular and two substitute members from among members of the Court. The First President of the Court of Cassation shall announce the beginning of the application process for candidacy within seven days of the entry into force of this Act. The candidates shall apply to the First Presidency within seven days of the date of the announcement. The General Assembly of the Court of Cassation shall hold elections within fifteen days from the final date of application. In the elections, where each member of the Court of Cassation may vote, the candidates with the greatest number of votes are elected as regular and substitute members respectively.
3. The General Assembly of the Council of State shall select one regular and one substitute member from among members of the Court. The President of the Council of State shall announce the beginning of the application process for candidacy within seven days of the entry into force of this Act. The candidates shall apply to the Presidency within seven days of the date of the announcement. The General Assembly of the Council of State shall hold elections within fifteen days from the final date of application. In the elections, where each member of the Council of State may vote, the candidates with the greatest number of votes are elected as regular and substitute members respectively.
4. The General Assembly of the Turkish Justice Academy shall select one regular and one substitute member from among its members to the Supreme Council of Judges and Prosecutors. The President of the Justice Academy of Turkey shall announce the beginning of the application process for candidacy within seven days of the entry into force of this Act. The candidates shall apply to the Presidency within seven days of the date of the announcement. The General Assembly of the Justice Academy of Turkey shall hold elections within fifteen days from the final date of application. In the elections, where each member may vote, the candidates with the greatest number of votes are elected as regular and substitute members respectively.
5. Seven regular and four substitute members shall be elected by civil judges and public prosecutors under the direction and supervision of the Supreme Board of Election from among civil judges and public prosecutors who are first category judges and have not lost the qualifications for being first category judges. Within five days of the date of entry into force of this Act, the Supreme Board of Election shall announce the beginning of the application process for candidacy. The candidates shall apply within three days of the date of announcement. The Supreme Board of Election shall examine the applications, finalize and announce the list of candidates within two days following the expiry of the date of application. Objections to this list may be made within the following two days. The objections shall be examined and finalized and the definitive list of candidates shall be announced within two days following the expiry of the objection period. Judges and public prosecutors working in provinces or districts shall vote in elections to be held, under the direction and supervision of the provincial election boards, in each province and district on the second Sunday following the date of announcement of the definitive list by the Supreme Board of Election. The provincial election boards shall establish ballot box committees according to the number of judges and public prosecutors that are to vote in that province. Provincial election boards shall decide on complaints and objections about proceedings, measures, and decisions of the ballot box committees. Candidates shall not conduct campaigns; they may post their résumé on an internet site allocated for this purpose within the framework of the principles and procedures defined by the Supreme Board of Election. The candidates obtaining the greatest number of votes are elected as regular and substitute members respectively. The Supreme Board of Election shall determine other matters concerning the ballot papers. The Supreme Board of Election may have the ballot papers printed or may have these printed through provincial election boards as it may deem appropriate. In the elections to be held, the provisions of the Act No. 298, Basic Rules on Elections and Voting Registers, dated April 4, 1961, that are not in conflict with this subparagraph shall apply.
6. Three regular and two substitute members shall be elected by civil judges and public prosecutors under the direction and supervision of the Supreme Board of Election from among civil judges and public prosecutors who are first category judges and have not lost the qualifications for being first category judges. In the elections, in provinces where there are regional administrative courts, held under the direction and supervision of the provincial election boards, judges and public prosecutors working in these regional administrative courts and in courts subject to authority of those courts shall vote. The provisions of subparagraph (d) shall apply to these elections as well.

The regular members of the High Council of Judges and Prosecutors elected in accordance with subparagraphs (a), (ç), (d) and (e) of the first paragraph, shall begin to hold office on the working day following the date of entry into force of this Act.

Regular and substitute members of the High Council of Judges and Prosecutors elected from the Court of Cassation and Council of State, incumbent on date of entry into force of this Act, shall continue their duties until the end of their term of office. The members elected in accordance with subparagraph (b) of the first paragraph shall replace, in sequence, the members elected from Court of Cassation whose term of office have expired, and the members elected in accordance with subparagraph (c) of the first paragraph shall replace, in sequence, the members elected from Council of State whose terms of office have expired.

The term of office of the members elected according to subparagraph (b) and (c) of the first paragraph and who took office in accordance with the third paragraph ends when the term of office of those elected in accordance with subparagraph (a), (ç), (d) and (e) of the first paragraph expires.

Regular members elected to the High Council of Judges and Prosecutors shall have the same financial, social and pension rights determined for the Head of Chamber of the Court of Cassation in the relevant legislation, until the necessary arrangements are made in related laws.

Furthermore, regular members of the Council, except for the President, shall receive additional compensation on a monthly basis in the amount to be calculated by multiplying the index of 30000 by the coefficient applied to salaries of civil servants.

Until arrangements are made in the relevant laws, the High Council of Judges and Prosecutors:

1. Shall operate in the form of a board in accordance with legal provisions in force as long as they are not contrary to the provisions of the Constitution,
2. Shall convene under the presidency of the Minister of Justice within one week following the date of holding office of the regular members in accordance with the second paragraph and shall elect a temporary deputy chairperson,
3. Shall convene with at least fifteen members and take decisions by the absolute majority of the total number of members,
4. The secretariat functions shall be conducted by the Ministry of Justice.

Until inspectors of the Council and judiciary inspectors are appointed, the existing judiciary inspectors shall carry out their duties under the title of inspector of the Council and judiciary inspector.

The provisions of this Article shall be applied until the necessary arrangements are made in the relevant laws.

PROVISIONAL ARTICLE 21

1. 27th Legislative Term parliamentary elections to the Grand National Assembly of Turkey and Presidential election shall both take place on 3/11/2019. The members of the Grand National Assembly of Turkey and President of the Republic continue to hold office until the date of the elections. In the event that the Assembly decides to call an election, 27th Legislative Term Parliamentary elections and Presidential election take place on the same day.
2. Within six months at the latest from the date of promulgation of this Law, the Grand National Assembly of Turkey organizes other legal regulations and amendments to the Rules of Procedure of the Assembly as required by the amendments brought by this Law. Amendments which are stated to be made by the Presidential decree, will be brought by the President of the Republic within six months at the latest from the date of his/her taking office.
3. According to the amendment made to Article 159 of the Constitution, election of members to the Council of Judges and Prosecutors shall be held within thirty days at the latest and they shall take office on the working day following the fortieth day after the date of entry into force of this Law. The applications for the memberships shall be made to the Office of the Speaker of the Assembly within five days as of the entry into force of this Article. The Office of the Speaker conveys the applications to the Joint Committee composed of members of the Committee on Justice and Committee on Constitution. The Committee shall elect three candidates for each vacancy with a two-thirds majority of total number of members within ten days. If the procedure of electing candidates cannot be concluded in the first round and two-thirds majority cannot be obtained, second and third round elections are held; in these rounds, the candidate acquiring the three-fifths majority of the total number of votes is elected. If the candidates cannot be elected in this round as well, the procedure of electing candidates shall be completed by choosing a candidate by lots among twice the number of candidates who have received the highest number of votes in the third round. Plenary of the Grand National Assembly of Turkey concludes the elections within fifteen days in accordance with the same procedures and principles. The present members of High Council of Judges and Prosecutors shall hold office until the date on which the new members take office and take actions pursuant to the provisions in the Law in force. New members shall exercise their duties in accordance with the provisions of the existing Law which are not unconstitutional until an amendment is brought to the relevant Law. Among those whose memberships were expired and were not re-elected to the Council of Judges and Prosecutors, the ones selected among judges and prosecutors of civil judiciary shall be appointed as members of Court of Cassation upon their requests and the ones selected among judges and prosecutors of administrative judiciary shall be appointed as members of Council of State by the Council of Judges and Prosecutors; the ones elected among academicians and lawyers shall be appointed as members of Council of State by the President of the Republic. During such elections and appointments, whether there is enough vacancy in cadres is not considered. Instead, enough vacancies are added to the cadres in Court of Cassation and Council of State for the number of elected and appointed members.
4. Memberships of those who are elected as members of Constitutional Court from the Military Court of Cassation and High Military Administrative Court, exist until their memberships are expired for any reason.
5. As of the date of entry into force of this Law, Military Court of Cassation, High Military Administrative Court and military courts are abrogated.Within four months as of the entry into force of this Law; in accordance with their choices and acquired rights, Heads, Chief Prosecutors, Second Heads and members as well as other military judges (excluding reserve officers) from the category of military judges in Military Court of Cassation and High Military Administrative Court;
   1. may be appointed as judges or prosecutors of civil or administrative judiciary by the Council of Judges and Prosecutors.
   2. Judges and prosecutors may be appointed by National Defence Ministry to cadres of legal services at the Ministry or Presidency of General Staff within their existing classes. Regarding wage, allowance, additional allowance, judicial allowance, additional payment, financial, social rights and aid and other rights, these judges and prosecutors will be considered the same as civil or administrative judges and prosecutors. Regarding rights and obligations other than those above, legislation provisions which are in force at the date of promulgation of this law continue to apply. The procedures and principles regarding the compensation to be paid to those who are entitled to pension and will retire from their office on their own accord before the retirement on the age margin, shall be regulated by law.

   Of the files examined in the annulled military judicial authorities, those at the stage of examination of legal remedy shall be submitted to Court of Cassation or Council of State where relevant, other files shall be submitted to the civil or administrative judicial authorities with jurisdiction and competence, where relevant, within four months.

6. Decree Laws, regulations, guidelines issued by the Prime Ministry or Council of Ministers as well as other regulatory acts which are in force on the date of entry into force of this Law shall be valid unless annulled. Articles 152 and 153 continue to apply as regards Decree Laws in force.
7. Powers granted to the Prime Ministry and Council of Ministers through the laws or other legislations shall be exercised by the President of the Republic until an amendment is made to the relevant legislation.
8. Last paragraph of Article 67 of the Constitution shall not apply regarding the first mutual Parliamentary and Presidential elections which will be held following the date of entry into force of this law.