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Country: Turkey - Subject: Constitutional law

  1. Turkey - Constitutional law - Law, Act

    Act No. 6771 dated 11 February 2017 to amend the Constitution of the Republic of Turkey. (Turkiye Cumhuriyeti Anayasasinda degisiklik yapilmasina dair kanun. ) - Official Gazette in Turkish

    Adoption: 2017-01-21 | Date of entry into force: 2017-04-16 | TUR-2017-L-105785

    Pending the public referendum of Spring 2017, the Act amends the Turkish Consitution as follow:

    It amends article 9 by adding the word "impartial" after independant and reads "Judicial power shall be exercised by independent and impartial courts on behalf of the Turkish Nation."
    It changes "five hundred fifty" deputies by "six hundred" deputies of article 75.
    It amends para 1 of article 76 by replacing the age of being eligible to become a deputy from over 25 to 18 years old; and replaces the sentence "who have not performed compulsory military service" of para 2 with "who have ties to military service".
    It amends article 77 "Election term of the Grand National Assembly of Turkey and of the President of the Republic" and reads as follow: "Elections for the Grand National Assembly of Turkey and for the President of the Republic shall be held on the same day every five years.
    A deputy whose term of office expires is eligible for re-election.
    If the required majority is not reached in the first ballot of the presidential election, a second ballot shall be held according to the procedure in Article 101."
    It amends article 87 regarding the duties and powers of the Grand National Assembly of Turkey.

    It repeals the title of article 98 and amends article 98 relating to the activities of the Grand National Assembly of Turkey.

    It amends article 101 on the nomination and election of the President of the Republic.

    It amends article 104 concerning the duties and powers of the President of the Republic; article 105 regarding the President’s criminal liability; article 106 on the Vice Presidents, Acting for the President and Ministers; article 116 on the renewal of elections to the Grand National Assembly of Turkey and for the President of the Republic; repeals the title "III. Extraordinary administration procédures" and replaces it by "III. Administration of States of Emergency" and amends article 119; adds a new para to article 142 regarding the formation, duties and powers, functioning and trial procedures of the courts; amends article 161 and its title with "Budget and Final Accounts".

    It repeals several provisions: E. Authorization to issue decrees having the force of law; articles 91 (B. Censure), 99 (C. Parliamentary investigation), 100 (B. Election), 102 (G. General Secretariat of the President of the Republic), 107 (II. Council of Ministers), 109 (B. Taking office and vote of confidence), 110 (C. Vote of confidence while in office), 111 (D. Functions and political responsibilities), 112 (E. The formation of ministries, and ministers), 113 (F. Provisional Council of Ministers during élections), 114 (G. Régulations), 115 (2. Declaration of state of emergency because of widespread acts of violence and serious deterioration of public order), 120 (3. Rules regarding the states of emergency), 121 (B. Martial law, mobilization and state of war), 122 (H. Military justice), 145 (D. High Military Court of Appeals), 156 (E. High Military Administrative Court), 157 (B. Debate on the budget), 162 (C. Principles governing budgetary amendments), 163 and 164 (D. Final accounts).

    It adds a provisional article 21 regarding the arrangements required to be undertaken by the Grand National Assembly of Turkey after the entry into force of this Act and the amendments made.

  2. Turkey - Constitutional law - Law, Act

    Act No. 6718 dated 20 May 2016 to amend the Constitution of the Republic of Turkey. (Turkiye Cumhuriyeti Anayasasinda degisiklik yapilmasina dair kanun.) - Gazette in Turkish

    Adoption: 2016-05-20 | Date of entry into force: 2016-06-08 | TUR-2016-L-103262

    It adds a temporary Article 20 to the Constitution of the Republic of Turkey No. 2709 dated 7 November 1982 (legislative immunity).

  3. Turkey - Constitutional law - Law, Act

    Act No. 6271 on Presidential Elections. (Cumhurbaskani Seçimi Kanunu.) - Gazette in Turkish

    Adoption: 2012-01-19 | Date of entry into force: 2012-01-26 | TUR-2012-L-91819

    Part I - General provisions
    Part II - Pre-election Works
    Part III - Works on Election Day
    Part IV - Works to do after the election, and Final Provisions

  4. Turkey - Constitutional law - Law, Act

    Act No. 6216 dated 30 March 2011 on the establishment and rules of procedure of the Constitutional Court. (Anayasa Mahkemesinin Kuruluşu ve Yargılama Usulleri Hakkında Kanun No. 6216) - Gazette in Turkish Venice Commission: European Commission for democracy through law

    Adoption: 2011-03-30 | Date of entry into force: 2011-04-03 | Date of gradual entry into force: 2012-09-23 | TUR-2011-L-88934

    PART 1 - General provisions
    PART 2 - Membership of the Constitutional Court
    PART 3 - Organization
    PART 4 - Examination and trial procedures
    PART 5 - Financial provisions, personnel matters

  5. Turkey - Constitutional law - Law, Act

    Act No. 6214 dated 17 March 2011 to amend the Constitution of the Republic of Turkey. (Türkiye Cumhuriyeti Anayasasında Değişiklik Yapılması Hakkında Kanun No. 6214.) - Gazette in Turkish

    Adoption: 2011-03-17 | Date of entry into force: 2011-03-29 | TUR-2011-L-88935

    Replaces the title of Article 59 by "B. Development of Sport and arbitration" and adds a paragraph concerning discipline decision, appeal, arbitration.

  6. Turkey - Constitutional law - Law, Act

    Act No. 5982 dated 07 May 2010 to amend some provisions of the Constitution of the Republic of Turkey. (KANUN No. 5982 Türkiye Cumhuriyeti Anayasasının Bazı Maddelerinde Değişiklik Yapılması Hakkında Kanun) - Gazette in Turkish

    Adoption: 2010-05-07 | Date of entry into force: 2010-05-13 | TUR-2010-L-85605

    Amends several provisions of the Constitution of the Republic of Turkey No. 2709 dated 07.11.82: Article 10 (equality before the law), Article 20 (Privacy protection), Article 23 (Prohibition to leave the country), Article 41 (Family law and children's rights), Article 51 (More than 1 union membership), Article 53 (Collective bargaining), Article 54 (Strike and lockout), Article 69 (Political party closure), Article 74 (Ombudsman), Article 84 (Membership in parliament), Article 94 (Parliament's presidential board), Article 125 (Recourse to judicial review), Article 128 (The right to collective bargaining), Article 129 (The right to apply to courts), Article 144 (Judicial oversight), Article 145 (Military Justice), Article 146 (Organisation of Constitutional Court), Article 147 (Term of office and membership), Article 148 (Functions and powers), Article 149 (Functioning and trial procedure), Article 156 (Military Court of Appeal), Article 157 (High Military Administrative Court), and Article 159 (Organisation of the HSYK).

  7. Turkey - Constitutional law - Law, Act

    Act No. 5955 amending the Act on the submission of Constitutional amendments to the Nation. (Kanun No. 5955, anayasa degisikliklerinin halkoyuna sunulmasi hakkinda kanunda degisiklik yapilmasina iliskin kanun) - Gazette in Turkish

    Adoption: 2010-03-03 | Date of entry into force: 2010-03-09 | TUR-2010-L-85588

    Amends Act No. 3376 of 23/5/1987 on the submission of the Constitutional amendments to the Nation by replacing the words "on the one hundred and twentieth day" mentioned in Article 2 by "on the sixtieth day". It also replaces the second sentence of Art. 6(1) "in line with Art. 94, forty days for the referendum of citizens living abroad" by the words "in line with the Law, twenty days for the referendum for citizens living abroad".

  8. Turkey - Constitutional law - Law, Act

    Act No. 5735 dated 09/02/2008 amending the Constitution of the Republic of Turkey. - Gazette in Turkish

    Adoption: 2008-02-09 | Date of entry into force: 2008-02-23 | TUR-2008-L-79801

    Amends paragraph 4 of Article 10 (concerning the equality before the law) and adds after the words "in all their proceedings" the words "in utilization of all forms of public services". Paragraph 6 of Article 42 on the right to education has been changed to include a phrase preventing anyone being denied access to education except for a reason openly stated in law.

  9. Turkey - Constitutional law - Law, Act

    Act No. 5697 dated 31/05/2007 to amend the Constitution of the Republic of Turkey No. 2709. - Resmî Gazete on-line (in Turkish)

    Adoption: 2007-10-16 | Date of entry into force: 2007-10-17 | TUR-2007-L-77318

    It repeals temporary Articles 18 and 19 added to the Turkish Constitution with Law 5678 dated 31/05/07 and published in the official gazette No. 26554 dated 16/06/2007(concerning the election of the President of the Republic and the consequences on Laws).

  10. Turkey - Constitutional law - Law, Act

    Act No. 5678 dated 31/05/2007 to amend the Constitution of the Republic of Turkey No. 2709. - Resmî Gazete on-line (in Turkish)

    Adoption: 2007-05-31 | Date of entry into force: 2007-06-16 | TUR-2007-L-77317

    It amends:
    Article 77 of the Constitution by replacing the word "five" by "four";
    Article 79 paragraph 2 concerning the General Administration and Supervision of Elections by adding after the words "election returns" the "election returns of the President" and in the last paragraph, after the word "referendum" adds the words "election of the president of the Republic by referendum";
    Article 96, paragraph one concerning the quorums required for sessions and decisions;
    Article 101 concerning the qualifications and impartiality of the President of the Republic, Article 102 concerning the election;
    It adds a temporary Articles 18 and 19 concerning the election of the President of the Republic and the consequences on Laws.

  11. Turkey - Constitutional law - Law, Act

    Act No. 5659 dated 10.05.2007 to amend the Constitution of the Republic of Turkey No. 2709. - Resmî Gazete on-line (in Turkish)

    Adoption: 2007-05-10 | Date of entry into force: 2007-05-18 | TUR-2007-L-77316

    It adds a temporary Article 17 concerning the first general election following the entry into force of this Law.

  12. Turkey - Constitutional law - Law, Act

    Act No. 5551 of 13 October 2006 to amend an article of the Turkish Constitution.

    Adoption: 2006-10-13 | TUR-2006-L-74774

    Amends Article 76 of the Turkish Constitution No. 2709 dated 07 November 1982; It changes the number 30 by the number 25 (age for being eligible to be a deputy).

  13. Turkey - Constitutional law - Law, Act

    Act No. 5428 to amend several Articles of the Constitution No. 2709 of the Republic of Turkey. - Resmî Gazete on-line (in Turkish)

    Adoption: 2005-10-29 | Date of entry into force: 2005-11-09 | TUR-2005-L-77319

    It amends Articles 130 paragraph 8, 160 paragraph 1, 161 paragraph 2, 162 paragraph 1 and 163 of the Constitution of the Republic of Turkey (concerning the budget).

  14. Turkey - Constitutional law - Law, Act

    Act No 5370 of 21 June 2005 to amend an article of the Constitution of the Republic of Turkey.

    Adoption: 2005-06-21 | Date of entry into force: 2005-06-23 | TUR-2005-L-72620

    Section article 133 regarding radio and TV administrations and state-financed news agencies and adds a new paragraph (composition of the high autority in charge of the organization and regulation of the radio and TV activities (nine members), and its functionning).

  15. Turkey - Constitutional law - Law, Act

    Act amending certain articles of the Turkish Constitution.

    Adoption: 2004-05-07 | TUR-2004-L-68453

    Provides that women and men shall have equal rights and that it shall be the responsibility of the State to ensure equality (new paragraph in article 10).

    Makes provision for freedom of the press as well as the abolition of death penalty (art. 30, art.15, art. 17, art. 38 and art. 87).

    Amends also article 90 concerning matters dealt with by international treaties.

  16. Turkey - Constitutional law - Law, Act

    Act No. 4709 of 3 October 2001 to amend several articles of the Constitution of the Republic of Turkey.

    Adoption: 2001-10-03 | Date of entry into force: 2001-10-15 | TUR-2001-L-61721

  17. Turkey - Constitutional law - Constitution

    Act No. 4446 of 13 August 1999 amending Articles 47, 125 and 155 of the Constitution of the Republic of Turkey.

    Adoption: 1999-08-13 | Date of entry into force: 1999-08-14 | TUR-1999-C-55517

    Amends articles 47 (rules regarding privatization of enterprises), 125 (arbitration regarding public services), and 155 (settlement of administrative cases).

  18. Turkey - Constitutional law - Constitution

    Act No. 4388 of 18 June 1999 concerning the amendment of Article 143 of the Constitution of the Republic of Turkey.

    Adoption: 1999-06-18 | Date of entry into force: 1999-06-18 | TUR-1999-C-55518

    Provides for an amendment regarding the composition of the State Security Court, which shall no longer include military judges.

  19. Turkey - Constitutional law - Constitution

    Act No. 4121 of 23 July 1995 amending the preamble and certain articles of Act No. 2709 of 7 November 1982 concerning the Constitution of the Republic of Turkey.

    Adoption: 1995-07-23 | Date of entry into force: 1995-07-26 | TUR-1995-C-42905

    Provides trade unions with the right to appeal to judicial authorities and to take part in collective negotiations with the administration. Determines the procedure to be followed in the signing of collective conventions. Abrogates Article 52 which forbids the trade unions from engaging in political activities.

  20. Turkey - Constitutional law - Constitution

    Act No. 2709, the Constitution of the Republic of Turkey. - English translation Legislation on-line

    Adoption: 1982-11-07 | Date of entry into force: 1982-11-09 | TUR-1982-C-39950

    Chapter III concerns economic and social rights and obligations:right to education, right to free choice of employment, right to rest, right to social security etc. It also comprises provisions concerning the freedom of association (workers' and employers' right to organise with the purpose of promoting their interests), trade union activities (Article 52), collective bargaining (Article 53) and the right to strike and lock-out (Article 54). Provides that minors, women and disabled should benefit from additional protection with respect to their conditions of work. Includes particular provisions concerning Turkish nationals working abroad.


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