POWERS AND LIABILITIES OF THE PRESIDENT DUAL LEADERSHIP IS ABOLISHED CRIMINAL LIABILITY IS APPLIED TO THE PRESIDENT AND MINISTERS

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2 POWERS AND LIABILITIES OF THE PRESIDENT DUAL LEADERSHIP IS ABOLISHED Powers of the President and Prime Minister will be integrated. The President will become the head of executive power. Dual leadership will be abolished in the administration. Political tensions and crisis between the Presidents and Prime Ministers will finally end. Under the new system administrative decision making, reforms and actions will become more efficient and fast. CRIMINAL LIABILITY IS APPLIED TO THE PRESIDENT AND MINISTERS Non-accountability of the President will be abolished. The President could not be checked and investigated under the present Constitution. According to the the current system, the President can be put on trial only for treason by three-quarter votes of the Parliament (413/550 votes). Under the new system, supervision and criminal liability will be applied to the President. All acts and actions of the President will be subject to judicial supervision. The President may be investigated for any alleged crime. To accept a proposal for investigation by the Parliament, and absolute majority of 301/600 votes will be required. The proposal for investigation will be debated within a month in Parliament and may be accepted by the secret vote of three-fifths of the total number of Members of Parliament (360/600 votes). If the investigation is accepted by the Parliament, a committee will be formed, and a voting will be held within 3 months and 20 days at the latest. The President might then be referred to the Supreme Court by secret vote of two-thirds of the total Members of Parliament (400/600 votes). The trial by the Supreme Court will be concluded within six months at the latest. The President who is investigated cannot take the decision for an early election. If he/she is convicted by the Supreme Court, term of his/her Presidency will terminate. The Vice-Presidents and Ministers will also have criminal liability and their trials will also be subject to the same provisions applied to the President. 2 3

3 VOTE OF CONFIDENCE IS GIVEN BY THE PEOPLE Under the new system there will no longer be a vote of confidence and a motion of censure by the Parliament. The national will shall be directly reflected on the Government. With the people electing the President, he/ she is given the vote of confidence to form the Government for the following 5 years. THE BUDGET LAW The President s power of proposing legislation to the Parliament will be limited to Budget Law. Except for this, power of proposing legislation and law-making will belong to the Parliament. In the case whereby the Budget Law is not approved by the Parliament and a temporary budged has not been prepared, the budget will be revised and implemented in accordance with the rates of the previous year until the new budget is approved. With this, the Parliament is encouraged to adopt reconciliatory and constructive attitude regarding the budget. PRESIDENTIAL DECREE Under the new system, the President is autorised to issue Decrees in executive areas, which currently belongs to the Council of Ministers. The President is not authorised to issue decrees regarding fundamental rights, individual rights and duties, and political rights and responsibilities. The President is not entitled to issue decrees on issues which are to be enacted by law and stipulated in the Constitution. The President will not be entitled to issue decrees regarding matters which are clearly regulated in the law. In the event that there are different provisions in Presidential decree and laws, provisions of law will be applied. In the event that the Parliament introduces law on the same subject, the decree will become void. In order to ensure the enforcement of laws, the President might issue regulations, providing that they are not contrary to the laws. Presidential decrees will be under the judicial supervision of the Constitution. The Parliament might refer Presidential Decrees to the Constitutional Court. 4 5

4 VICE PRESIDENTS AND MINISTERS The President will form the Government. The President will be entitled to appoint one or more Vice-Presidents. Vice-Presidents and Ministers can also be discharged by the President. APPOINTMENT OF SENIOR PUBLIC OFFICIALS The President will have the power to assign and discharge senior public officials. When a new President is elected and the Government is formed, senior public officials might be renewed at a fast pace. The Governments making quick appointments shall have the opportunity to take immediate action. MINISTRIES ARE ESTABLISHED BY PRESIDENTIAL DECREE Formation, termination, powers and responsibilities of the Ministries will be regulated by the Presidential Decree. With this, the structure of the Ministries can effectively be renewed to adopt technological innovations and economic developments. The risk of beurocratic unweildness shall disappear. THE PRESIDENT MAY BE A MEMBER OF A POLITICAL PARTY The President has the right to retain ties with his/her political party. Under the current system the Prime Minister has right to be member of a political party and to be elected chairman of the party. With the new system the Prime Minister s office is abolished and the President-elect becomes the head of executive body. Once elected, the President represents his/ her own party and forms the Government. 6 7

5 STRONG DEMOCRACY, STRONG PARLIAMENT LAWS WILL BE PROPOSED BY THE MEMBERS OF PARLIAMENT NOT BY THE GOVERNMENT The Parliament will become stronger. All laws, except the Budget Law, will be introduced by Members of Parliament. LAW Since the power of proposing law is limited to Members of Parliament, the will of Parliament comes to the forefront in terms of law-making. The legislative body and the executive body will be separated in real terms. The Parliament will focus on legislation. The President s power of proposing legislation to the Parliament will be limited to Budget Law. Any law sent back to the Parliament by the President is subject to acceptance and review by the Parliament. In such cases, an absolute majority (301/600) is required for the Parliament to return such laws back to the President without any change. REGULATION ON STATE OF EMERGENCY State of emergency will be redefined by considering the results of the malicious coup attempt on July 15 and terrorist threats. Power of declaring state of emergency, which is at the hand of the Council of Ministers in the current system, will be granted to the President. The decision for a state of emergency taken by the President will be submitted to the Parliament on the same day for approval. Situations that will require a state of emergency will be redefined. Approval of the Parliament for the declaration of a state of emergency and Decrees issued under the state of emergency will remain the same. Decrees which are not approved by the Parliament within three months will be void. Period of state of emergency will be maximum six months.this period might be extended for a maximum of four months each time at the request of the President and by the approval of the Parliament. The Parliament has the authority to extend, curtail or lift the state of emergency. With all of this, Parliament s power and responsibility of supervision regarding the state of emergency will come to the forefront. 8 9

6 THE AGE TO BECOME MEMBER OF PARLIAMENT IS LOWERED TO 18 FROM 25 The minimum age to elect and to be elected is becoming the same. The youth populations opinion will be better reflected in politics through better representation. Politics will gain dynamism while the new generations will gain political experience in early ages DEPUTYSHIP OF MEMBERS OF PARLIAMENT WHO ARE APPOINTED AS MINISTERS COMES TO AN ENDS Since the legislative and executive powers are clearly separated, parliamentary membership of those Members of Parliament who are appointed as Vice-Presidents or Ministers will end. Members of Parliament will be able to focus on legislation, which is their main duty, and on actions, projects and issues regarding their own provinces. We express confidence in our youth by stating that: If you have right to elect, you have right to be elected. THE NUMBER OF PARLIAMENTARY SEATS WILL BE RAISED FROM 550 TO 600 Representation will be further extended. The growing population shall be better represented in the Parliament. Members of Parliament will better focus on projects, actions and issues regarding his/her own province. The workload of Parliament shall be efficiently distributed among Members of Parliament The provincial representation shall be better reflected in Parliament

7 JUDICIARY JUDICIARY BECOMES BOTH IMPARTIAL AND INDEPENDENT The judiciary will be defined as independent and impartial in the Constitution. The independance of judiciary is not enough, it must also be impartial, and we make impartiality a constitutional provision. NEW COUNCIL OF JUDGES AND PROSECUTORS Structure of the High Council of Judges and Prosecutors (HCJP) and its election method will be changed. Its name will be the Council of Judges and Prosecutors (CJP). The number of members will be lowered to 13 from 22 while the number of chambers will be reduced to 2 from 3. Four members of the Council of Judges and Prosecutors will be appointed by the President as it is at present, whilst 7 members will be elected by the Parliament with a qualified majortiy. The Minister of Justice and the Undersecretary of the Ministry of Justice shall continue as permanent members of the CJP. With the new regulation, opportunity of FETO-type structures to wield power over CJP will be eliminated. The will of Parliament will gain importance in electing CJP members. Competition and factionalism among members of judicial institution will end. MILITARY JUDICIARY IS ABOLISHED Military judiciary will be completely abolished. Only disciplinary courts will be functional. Unity in judiciary will be obtained. Separation between military and civilian will be removed. All citizens will be subject to the same judicial institutions. Since the High Military Court of Appeals and the High Military Administrative Court are abolished, members of the Constitutional Court will be lowered to 15 from

8 NEW SYSTEM, UNINTERRUPTED STABILITY PRESIDENTIAL AND PARLIAMENTARY ELECTIONS WILL BE HELD TOGETHER ON THE SAME DAY EVERY 5 YEARS. Parliamentary elections will be held every 5 years instead of every 4 years. Parliamentary and Presidential elections will be held on the same day. LEGISLATION CONDUCT Runoff direct electoral system will be applied in Presidential election. With this, there will be uninterrupted 5-year periods of stability. Possibility of early election will diminish. Culture of reconciliation will gain importance. Coalitions and government crisis of the past will vanish. BOTH THE PRESIDENT AND THE PARLIAMENT CAN DECIDE TO HOLD EARLY ELECTIONS The posibility of early elections due to non-establishment of the government, overthorwing the government by vote of confidence or the motion of censure will be lifted from the constitiution. Instead, the power of mutually renewing both elections simultaneously will be granted. The President and Parliament are entitiled to call for early elections. For the Parliament to call for early elections, a three-fifths majority of the Members of Parliament must be achived (360/600 votes). Both Presidential and Parliamentary elections will be renewed simultaneously. If the President decides to go for early elections, he/she will have curtailed his/her own term. The period of Presidency is limited to two terms. The President will be granted right to run for one more term only if elections are decided to be renewed by the Parliament during his/her second term. This regulation will bring reconciliation and harmony.crisis of government and early election of the past will vanish. More responsible, more rationalist and more compatible understanding will prevail

9 CONDITIONS FOR PRESIDENTIAL CANDIDACY BECOMES EASIER Period of Presidency will be limited to 2 terms; meaning that, it will be limited to maximum 10 years. Conditions of nomination for presidency is extended and facilitated. Under the current system, only parliamentary groups or the parties which receive 10% of the votes even if they do not have parliamentary groups- are entitled to nominate candidates for presidency. Under the new system, parliamentary groups and political parties with at least 5% of the votes, alone or together will be entitled to nominate candidates for Presidency. Those who collect signatures of at least 100 thousand voters will be eligable for candidacy. With a runoff election system, opportunity for representation and social agreement will increase. IN THE EVENT THAT THE OFFICE OF PRESIDENCY FALLS VACANT, ELECTIONS ARE HELD WITHIN 45 DAYS In the event that the office of the President falls vacant for any reason, Presidental elections shall be held within 45 days. Until elections are held, the Vice- President will serve as Acting President. If one year or less time is left for the general elections, the elections for Parliament shall be renewed together with the Presidential elections. If more than one year is left for the general elections, the elected President shall continue his/her post until the date of elections for the Parliament. 45 For the President who remains at the post during the rest of the term, that period shall not be deemed void. Both elections shall be held together on the date when elections for the Parliament are held. In the first round, the candidate who passes 50% will be elected; if not, two candidates who receive the highest votes will run for the second round

10 OTHER REGULATIONS The Armed Forces will be included into the jurisdiction of State Supervisory Council. NOTE Secretariat General of the Presidency will be abolished. Resignation of ministers of Justice, Interior and Transport will not be required anymore and the practice of interim election government will be abolished. Since the Gendarmerie is integrated into the Ministry of Interior, the General Commander of the Gendarmerie will not be a member of National Security Council

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