Turkish govt unveils articles of constitution reform - UPDATE 2

The Turkish government envisages amendments to 22 articles of the Constitution.

Turkish govt unveils articles of constitution reform - UPDATE 2

The Turkish government envisages amendments to 22 articles of the Constitution.

Members of the ruling Justice & Development (AK) Party are visiting the opposition parties, the Republican People's Party (CHP), the Nationalist Movement Party (MHP) and the Peace and Democracy Party (BDP), to submit the constitutional amendment bill.

The bill includes amendments to 22 articles of the constitution; the articles 10, 20, 23, 41, 53, 69, 74, 84, 94, 125, 128, 129, 144, 145, 146, 147, 148, 149, 156 and 159.
The bill envisions abolishing the provisional article 15 of the constitution which does not allow trial of the members of the Council of National Security formed after the military intervention on September 12, 1980.

The mentioned articles regulate equality before the law; privacy of individual life; freedom of residence and movement; protection of the family; right to collective bargaining; principles to be observed by political parties; right to petition; loss of membership of a deputy; bureau of the assembly of the Turkish parliament; recourse to judicial review, general principles regarding provisions relating to public servants; duties and responsibilities, and guarantees during disciplinary proceedings regarding public servants; supervision of judges and public prosecutors; military justice; the organization of the Constitutional Court; termination of membership of Constitutional Court; functions and powers of the Constitutional Court; functioning and trial procedure of the Constitutional Court; military high court of appeals; and Supreme Council of Judges and Public Prosecutors.

The constitutional amendment package prepared by the government includes the right to collective bargaining for civil servants.

Under the package, Article 53 of the Constitution regarding general principles regarding provisions relating to public servants; duties and responsibilities will be amended. Civil servants and the other public workers will be given the right to collective bargaining.

The package also includes an amendment to Article 69 about the political parties. Accordingly, the Council of State will carry out financial inspection of political parties.

Closure cases against political parties will be filed after getting permission of a parliamentary committee to be formed by five members of each parties having seats at the parliament. Majority of two thirds of the committee members will be required. The decision of the committee will be exempt from judicial inspection.

Also, political parties will be banned from politics for three years. Currently, this period is five years.

According to the bill, military personnel can be tried by civilian courts on charges of crimes they commit against security of the state and the constitutional order.

Civilians can be tried by military courts only during war time.

The bill says the Constitutional Court of Turkey will be comprised of 19 permanent members, and the Turkish parliament shall elect members to the court.

Actually, the court consists of 11 permanent and four associate members.

Also, lawsuits can be filed against the decisions of the Supreme Military Council (YAS).
According to the bill, the Constitutional Court cannot end deputyships in political party closure cases.

According to the bill, the structure of the Supreme Board of Judges and Prosecutors (HSYK) will change.

The permanent members of the board will climb to 21 from 7, and the number of its associate members will rise to 10 from 5. They will be elected for four years, and can be re-elected after their terms in office end.

The decision of the High Tribunal can be re-tried under the bill.

The bill limits the term in office of members of the Constitutional Court with 12 years. A person cannot be elected as the court member twice. If a member exceeds the life limit before his/her term in office ends, s/he will retire.

The bill envisages votes of two-thirds of members of the Constitutional Court in political party closure cases and/or depriving a party of state assistance.

Also, the bill adds three provisional articles to the Constitution, one of which makes the amendments to the structure of Constitutional Court also valid in ongoing cases.

The actual associate members of the Constitutional Court will become permanent members.

If the bill is to be put to referendum, it will be voted as a whole.


Güncelleme Tarihi: 23 Mart 2010, 09:03