Constitution of the Republic of Türkiye

The State of Türkiye is a Republic.

The Republic of Türkiye is a democratic, secular and social State governed by rule of law, within the notions of public peace, national solidarity and justice, respecting human rights, loyal to the nationalism of Atatürk, and based on the fundamental tenets set forth in the Preamble.

The State of Türkiye, with its territory and nation, is an indivisible entity. Its language is Turkish.

Its flag, the form of which is prescribed by the relevant law, is composed of a white crescent and star on a red background.

Its national anthem is the "Independence March".

Its capital is Ankara.

The provision of Article 1 of the Constitution establishing the form of the State as a Republic, the provisions of Article 2 on the characteristics of the Republic, and the provisions of Article 3 shall not be amended, nor shall their amendment be proposed.

The fundamental aims and duties of the State are to safeguard the independence and integrity of the Turkish Nation, the indivisibility of the country, the Republic and democracy, to ensure the welfare, peace and happiness of the individual and society; to strive for the removal of political, economic and social obstacles which restrict the fundamental rights and freedoms of the individual in a manner incompatible with the principles of justice and of the social State governed by rule of law; and to provide the conditions required for the development of the individual's material and spiritual existence.

Sovereignty belongs to the Nation without any restriction or condition.

The Turkish Nation shall exercise its sovereignty through the authorised organs, in accordance with the principles set forth in the Constitution.

The exercise of sovereignty shall not be delegated by any means to any individual, group or class. No person or organ shall exercise any State authority that does not emanate from the Constitution.

Legislative power is vested in the Grand National Assembly of Türkiye on behalf of the Turkish Nation. This power shall not be delegated.

Executive power and function shall be exercised and carried out by the President of the Republic (…) in conformity with the Constitution and laws.

Judicial power shall be exercised by independent and impartial courts on behalf of the Turkish Nation.

Everyone is equal before the law without distinction as to language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such grounds.

Added paragraph: 7/5/2004, Law No. 5170, Art. 1 Men and women have equal rights. The State has the obligation to ensure that this equality exists in practice. Added sentence: 7/5/2010, Law No. 5982, Art. 1 Measures taken for this purpose shall not be interpreted as contrary to the principle of equality.

Added paragraph: 7/5/2010, Law No. 5982, Art. 1 Measures to be taken for children, the elderly, disabled persons, widows and orphans of martyrs of war and of duty, as well as for the invalid and veterans, shall not be considered as violating the principle of equality.

No privilege shall be granted to any individual, family, group or class.

State organs and administrative authorities are obliged to act in compliance with the principle of equality before the law in all their proceedings (…).

The provisions of the Constitution are fundamental legal rules binding upon legislative, executive and judicial organs, administrative authorities and other institutions and individuals.

Laws shall not be contrary to the Constitution.

Everyone possesses inherent fundamental rights and freedoms, which are inviolable, inalienable and indefeasible.

The fundamental rights and freedoms also include the duties and responsibilities of the individual towards society, his or her family, and other individuals.

Amended: 3/10/2001, Law No. 4709, Art. 2

Fundamental rights and freedoms may be restricted only by law and solely in conformity with the reasons mentioned in the relevant articles of the Constitution, without infringing upon their essence. These restrictions shall not be contrary to the letter and spirit of the Constitution, the requirements of the democratic order of society and the secular Republic, and the principle of proportionality.

Amended: 3/10/2001, Law No. 4709, Art. 3

None of the rights and freedoms embodied in the Constitution shall be exercised in the form of activities aiming to violate the indivisible integrity of the State with its territory and nation, and to abolish the democratic and secular Republic based on human rights.

No provision of the Constitution shall be interpreted in a manner that would enable the State or individuals to engage in an activity aimed at destroying the fundamental rights and freedoms recognised by the Constitution or at restricting them more extensively than stated in the Constitution.

The sanctions to be applied against those who perpetrate activities contrary to these provisions shall be regulated by law.

In times of war, mobilisation (…) or state of emergency, the exercise of fundamental rights and freedoms may be partially or entirely suspended, or measures derogating from the guarantees embodied in the Constitution in relation to them may be taken, to the extent required by the exigencies of the situation, provided that obligations under international law are not violated.

Even under the circumstances indicated in the first paragraph, the individual's right to life and the integrity of his or her material and spiritual existence shall be inviolable, except where death occurs through acts in conformity with the law of war (…); no one shall be compelled to reveal his or her religion, conscience, thought or opinion, nor be accused on account of them; offences and penalties shall not be made retroactive; nor shall anyone be held guilty until so proven by a court ruling.

The fundamental rights and freedoms of foreigners may be restricted by law in a manner consistent with international law.

Everyone has the right to life and the right to protect and improve his or her material and spiritual existence.

Except in cases of medical necessity and in cases prescribed by law, the corporeal integrity of the individual shall not be violated; no one shall be subjected to scientific or medical experiments without his or her consent.

No one shall be subjected to torture or ill-treatment; no one shall be subjected to a penalty or treatment incompatible with human dignity.

(…) Acts of killing that occur in cases of necessity in which the use of weapons is permitted by law, during self-defence, the execution of decisions of apprehension and pre-trial detention, the prevention of the escape of a detained or convicted person, the quelling of a riot or insurrection (…), or the carrying out of orders issued by authorised bodies during a state of emergency, shall be outside the scope of the provision of the first paragraph.

No one shall be required to perform forced labour. Unpaid compulsory labour (angarya) is prohibited.

The following shall not be considered forced labour: work required during periods of serving a sentence or of pre-trial detention, the form and conditions of which shall be regulated by law; services required from citizens during a state of emergency; and physical or intellectual work in the nature of a civic duty provided for in fields where the needs of the country so require.

Everyone has the right to liberty and security of person.

In the following cases, the procedure and conditions of which are prescribed by law:

execution of sentences restricting liberty and of security measures decided by courts; apprehension or pre-trial detention of an individual pursuant to a court ruling or an obligation imposed by law; execution of an order for the supervised correction of a minor or for bringing him or her before the competent authority; execution of a measure taken in conformity with the principles prescribed by law for the treatment, education or rehabilitation in an institution of a person of unsound mind, a drug or alcohol addict, a vagrant, or a person who may spread disease, who constitutes a danger to society; apprehension or pre-trial detention of a person who enters or attempts to enter the country unlawfully, or against whom a deportation or extradition order has been issued; except in these cases, no one shall be deprived of his or her liberty.

Individuals against whom there are strong indications of having committed an offence may be placed in pre-trial detention by decision of a judge only for the purpose of preventing escape or preventing the destruction or alteration of evidence, or in other circumstances prescribed by law which, like these, necessitate detention. Apprehension of a person without a decision of a judge may be carried out only when a person is caught in flagrante delicto or in cases where delay is prejudicial; the conditions for such acts shall be prescribed by law.

Individuals apprehended or placed in pre-trial detention shall be notified promptly, in all cases in writing, or orally when this is not immediately possible, of the grounds for their apprehension or detention and the charges against them; in cases of offences committed collectively, this notification shall be made at the latest before they are brought before a judge.

Amended first sentence: 3/10/2001, Law No. 4709, Art. 4 The person apprehended or placed in pre-trial detention shall be brought before a judge within forty-eight hours at the latest and, in cases of offences committed collectively, within four days at most, excluding the time required to send him or her to the court nearest to the place of detention. No one shall be deprived of his or her liberty without the decision of a judge after the expiry of these periods. These periods may be extended during a state of emergency (…) and in time of war.

Amended paragraph: 3/10/2001, Law No. 4709, Art. 4 The apprehension or pre-trial detention of a person shall be notified to his or her next of kin promptly.

Persons under pre-trial detention shall have the right to request to be tried within a reasonable time and to be released during investigation or prosecution. Release may be made conditional upon a guarantee to ensure the presence of the person concerned at the hearing throughout the trial or the execution of the judgment.

Persons deprived of their liberty for whatever reason are entitled to apply to a competent judicial authority for a speedy decision on their situation and for their immediate release if the restriction placed upon them is unlawful.

Amended: 3/10/2001, Law No. 4709, Art. 4 Damage suffered by persons subjected to treatment other than as provided by these principles shall be compensated by the State in accordance with the general principles of compensation law.

Everyone has the right to demand respect for his or her private and family life. Privacy of private and family life shall not be violated. Repealed third sentence: 3/10/2001, Law No. 4709, Art. 5

Amended paragraph: 3/10/2001, Law No. 4709, Art. 5 Unless there exists a decision duly given by a judge on one or more of the grounds of national security, public order, prevention of the commission of offences, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an authority empowered by law in cases where delay is prejudicial, again on these grounds, neither the person, nor the private papers, nor the belongings of any individual shall be searched or seized. The decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his or her decision within forty-eight hours from the time of seizure; otherwise, the seizure shall automatically be lifted.

Added paragraph: 7/5/2010, Law No. 5982, Art. 2 Everyone has the right to request the protection of his or her personal data. This right includes being informed of, having access to, and requesting the correction or deletion of personal data concerning him or her, and learning whether these are being used in accordance with their intended purposes. Personal data may be processed only in cases prescribed by law or with the explicit consent of the person. The principles and procedures regarding the protection of personal data shall be regulated by law.

Amended: 3/10/2001, Law No. 4709, Art. 6

No one's home shall be violated. Unless there exists a decision duly given by a judge on one or more of the grounds of national security, public order, prevention of the commission of offences, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an authority empowered by law in cases where delay is prejudicial, again on these grounds, no one's home may be entered or searched, nor may the property therein be seized. The decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his or her decision within forty-eight hours from the time of seizure; otherwise, the seizure shall automatically be lifted.

Amended: 3/10/2001, Law No. 4709, Art. 7

Everyone has the freedom of communication. Privacy of communication is fundamental.

Unless there exists a decision duly given by a judge on one or more of the grounds of national security, public order, prevention of the commission of offences, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an authority empowered by law in cases where delay is prejudicial, again on these grounds, communication shall not be impeded nor its privacy be violated. The decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his or her decision within forty-eight hours; otherwise, the decision shall automatically be lifted.

The public institutions and agencies to which exceptions may be applied shall be prescribed by law.

Everyone has the freedom of residence and movement.

Freedom of residence, for the purposes of preventing offences, promoting social and economic development, ensuring sound and orderly urbanisation, and protecting public property;

Freedom of movement, for the purposes of the investigation and prosecution of an offence and the prevention of offences;

May be restricted by law.

Amended paragraph: 7/5/2010, Law No. 5982, Art. 3 A citizen's freedom to leave the country may be restricted only by the decision of a judge based on a criminal investigation or prosecution.

Citizens shall not be deported, or deprived of their right of entry into their homeland.

Everyone has the freedom of conscience, religious belief and conviction.

Acts of worship, religious rites and ceremonies shall be conducted freely, provided that they do not violate the provisions of Article 14.

No one shall be compelled to worship, or to participate in religious rites and ceremonies, or to reveal religious beliefs and convictions; no one shall be blamed or accused because of his or her religious beliefs and convictions.

Religious and moral education and instruction shall be conducted under State supervision and control. Instruction in religious culture and morals shall be one of the compulsory lessons in the curricula of primary and secondary educational institutions. Other religious education and instruction shall be subject to the individual's own desire, and in the case of minors, to the request of their legal representatives.

No one shall exploit or abuse religion or religious feelings, or things held sacred by religion, in any manner whatsoever, for the purpose of basing, even partially, the fundamental social, economic, political or legal order of the State on religious rules, or for the purpose of securing political or personal interest or influence.

Everyone has the freedom of thought and opinion.

No one shall be compelled to reveal his or her thoughts and opinions for any reason or purpose whatsoever; nor shall anyone be blamed or accused because of his or her thoughts and opinions.

Everyone has the right to express and disseminate his or her thoughts and opinions by speech, in writing, in pictures or through other media, individually or collectively. This freedom includes the liberty of receiving or imparting information or ideas without interference by official authorities. This provision shall not preclude subjecting transmission by radio, television, cinema or similar means to a system of licensing.

The exercise of these freedoms may be restricted for the purposes of national security, public order, public safety, safeguarding the basic characteristics of the Republic and the indivisible integrity of the State with its territory and nation, preventing offences, punishing offenders, withholding information duly classified as a State secret, protecting the reputation or rights and private and family life of others, or protecting professional secrets as prescribed by law, or ensuring the proper performance of the judicial function.

Repealed paragraph: 3/10/2001, Law No. 4709, Art. 9

Regulatory provisions concerning the use of means of disseminating information and thoughts shall not be deemed a restriction of the freedom of expression and dissemination of thought, provided that they do not prevent such dissemination.

Added paragraph: 3/10/2001, Law No. 4709, Art. 9 The formalities, conditions and procedures to be applied in exercising the freedom of expression and dissemination of thought shall be regulated by law.

Everyone has the right to study and teach, express and disseminate science and arts freely, and to carry out research of every kind in these fields.

The right to disseminate shall not be exercised for the purpose of changing the provisions of Articles 1, 2 and 3 of the Constitution.

The provision of this article shall not preclude the regulation by law of the entry into the country and distribution of foreign publications.

The press is free, and shall not be censored. The establishment of a printing house shall not be subject to prior permission or to the deposit of a financial guarantee.

Repealed second paragraph: 3/10/2001, Law No. 4709, Art. 10

The State shall take the necessary measures to ensure freedom of the press and of information.

In the limitation of freedom of the press, the provisions of Articles 26 and 27 of the Constitution shall apply.

Anyone who writes or has printed any news or articles which threaten the internal or external security of the State or the indivisible integrity of the State with its territory and nation, which tend to incite the commission of offences, riot or insurrection, or which relate to classified State information, and anyone who prints or transmits such news or articles to others for the same purpose, shall be held responsible under the provisions of law relevant to these offences. Distribution may be suspended as a preventive measure by the decision of a judge, or, in cases where delay is prejudicial, by the order of the authority explicitly designated by law. The authority suspending the distribution shall notify the competent judge of its decision within twenty-four hours at the latest. If the competent judge does not approve this decision within forty-eight hours at the latest, the decision suspending distribution shall be deemed null and void.

No ban shall be placed on the reporting of events, except by decisions of a judge issued within the limits to be specified by law to ensure the proper performance of the judicial function.

Periodical and non-periodical publications may be seized by the decision of a judge in cases where an investigation or prosecution of offences specified by law has been initiated; and, in cases where delay is prejudicial, by the order of the authority explicitly designated by law, for the purposes of safeguarding the indivisible integrity of the State with its territory and nation, national security, public order or public morals, and preventing offences. The authority issuing the seizure order shall notify the competent judge of its decision within twenty-four hours at the latest; if the judge does not approve this decision within forty-eight hours at the latest, the seizure order shall be deemed null and void.

The general provisions shall apply to the seizure and confiscation of periodical and non-periodical publications for reasons of criminal investigation or prosecution.

Periodicals published in Türkiye may be temporarily closed by court decision if convicted of publishing material contrary to the indivisible integrity of the State with its territory and nation, the fundamental principles of the Republic, national security and public morals. Any publication which clearly bears the characteristics of being a continuation of the closed periodical is prohibited; such publications shall be seized by the decision of a judge.

Publication of periodicals or non-periodicals shall not be subject to prior permission or to the deposit of a financial guarantee.

To publish a periodical, it shall suffice to submit the information and documents prescribed by law to the competent authority designated by law. If the information and documents are found to be contrary to law, the competent authority shall apply to the court for the suspension of publication.

The publication of periodicals, the conditions of publication, the financial resources and the principles relating to the profession of journalism shall be regulated by law. The law shall not impose any political, economic, financial or technical conditions obstructing or making difficult the free dissemination of news, thoughts or opinions.

Periodicals shall benefit, on the basis of equality, from the means and facilities of the State, other public legal persons and their affiliated agencies.

Amended: 7/5/2004, Law No. 5170, Art. 4

A printing house and its annexes, and press equipment, duly established as a press enterprise in accordance with law, shall not be seized, confiscated or barred from operation on the grounds of being an instrument of an offence.

Individuals and political parties have the right to use mass media and means of communication and broadcasting, other than the press, owned by public legal persons. The conditions and procedures for such use shall be regulated by law.

Amended paragraph: 3/10/2001, Law No. 4709, Art. 11 The law shall not impose restrictions preventing the public from receiving information or reaching ideas and opinions through these media, or preventing public opinion from being freely formed, on grounds other than national security, public order, or the protection of public morals and health.

The right of rectification and reply shall be granted only in cases where the dignity and honour of persons are attacked or untrue publications concerning them are made, and shall be regulated by law.

If a rectification or reply is not published, the judge shall decide, within seven days at the latest from the date of application by the person concerned, whether or not its publication is required.

Amended: 3/10/2001, Law No. 4709, Art. 12

Everyone has the right to form associations, and to become a member of an association or withdraw from membership, without prior permission.

No one shall be compelled to become or remain a member of an association.

Freedom of association may be restricted only by law on the grounds of national security, public order, prevention of crime, protection of public health and public morals, and protection of the freedoms of others.

The formalities, conditions and procedures to be applied in the exercise of freedom of association shall be prescribed by law.

Associations may be dissolved or suspended from activity by the decision of a judge in cases prescribed by law. However, where delay would be prejudicial in cases required by national security, public order, the prevention of the commission or continuation of a crime, or apprehension, an authority may be vested by law with power to suspend the association from activity. The decision of this authority shall be submitted to the approval of the competent judge within twenty-four hours. The judge shall announce his or her decision within forty-eight hours; otherwise, this administrative decision shall be annulled automatically.

The provision of the first paragraph shall not prevent the imposition of restrictions by law on members of the Armed Forces and security forces and, to the extent required by their duties, on civil servants.

The provisions of this Article shall also apply to foundations.

Amended: 3/10/2001, Law No. 4709, Art. 13

Everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission.

The right to hold meetings and demonstration marches may be restricted only by law on the grounds of national security, public order, prevention of crime, protection of public health and public morals, or protection of the rights and freedoms of others.

The formalities, conditions and procedures to be applied in the exercise of the right to hold meetings and demonstration marches shall be prescribed by law.

Everyone has the right to own and inherit property.

These rights may be restricted by law only in view of the public interest.

The exercise of the right to property shall not contravene the interests of society.

Everyone has the right of litigation either as claimant or defendant and the right to a fair trial before the courts through legitimate means and procedures.

No court shall refuse to hear a case within its jurisdiction and competence.

No one may be tried by any judicial authority other than the legally designated court.

Extraordinary tribunals with judicial powers which would in effect try a person by a judicial authority other than the legally designated court shall not be established.

No one shall be punished for any act which does not constitute an offence under the law in force at the time it was committed; no one shall be given a heavier penalty than the penalty applicable at the time when the offence was committed.

The provisions of the above paragraph shall also apply to the statute of limitations on offences and penalties and to the consequences of criminal conviction.

Penalties, and security measures in lieu of penalties, shall be prescribed only by law.

No one shall be held guilty until proven guilty in a court of law.

No one shall be compelled to make a statement that would incriminate himself or herself or his or her legal next of kin, or to present such incriminating evidence.

Added paragraph: 3/10/2001, Law No. 4709, Art. 15 Findings obtained through illegal methods shall not be considered evidence.

Criminal responsibility shall be personal.

Added paragraph: 3/10/2001, Law No. 4709, Art. 15 No one shall be deprived of his or her liberty merely on the ground of inability to fulfil a contractual obligation.

Added paragraph: 3/10/2001, Law No. 4709, Art. 15; Repealed paragraph: 7/5/2004, Law No. 5170, Art. 5

Amended tenth paragraph: 7/5/2004, Law No. 5170, Art. 5 Neither the death penalty nor the penalty of general confiscation shall be imposed.

The administration shall not impose any sanction resulting in restriction of personal liberty. Exceptions to this provision may be introduced by law regarding the internal order of the Armed Forces.

Amended last paragraph: 7/5/2004, Law No. 5170, Art. 5 No citizen shall be extradited to a foreign country on account of an offence, except under the obligations resulting from being a party to the International Criminal Court.

In defamation and insult suits concerning allegations against persons in the public service in connection with their functions or services, the defendant has the right to prove the allegations. A request for presentation of proof shall not be granted in other cases unless proving the allegation serves the public interest in determining whether or not the imputed act is true, or unless the complainant consents to the presentation of proof.

Everyone whose constitutional rights and freedoms have been violated has the right to request prompt access to the competent authorities.

Added paragraph: 3/10/2001, Law No. 4709, Art. 16 The State is obliged to indicate in its proceedings the legal remedies and authorities to which the persons concerned may apply, and the time limits for doing so.

Damages incurred by any person through unlawful acts of public officials shall also be compensated for by the State in accordance with the law. The State reserves the right of recourse to the official responsible.

The family is the foundation of Turkish society and is based on equality between the spouses.

The State shall take the necessary measures and establish the necessary organisation to ensure the peace and welfare of the family, especially the protection of the mother and children, and to ensure the teaching and practice of family planning.

Added paragraph: 7/5/2010, Law No. 5982, Art. 4 Every child has the right to protection and care, and the right to establish and maintain a personal and direct relationship with his or her mother and father, unless this is clearly contrary to his or her best interests.

Added paragraph: 7/5/2010, Law No. 5982, Art. 4 The State shall take measures for the protection of children against all kinds of abuse and violence.

No one shall be deprived of the right to education and learning.

The scope of the right to education shall be defined and regulated by law.

Training and education shall be conducted along the lines of the principles and reforms of Atatürk, on the basis of contemporary science and education methods, under the supervision and control of the State. Institutions of training and education contravening these provisions shall not be established.

The freedom of training and education does not relieve the individual from the duty of loyalty to the Constitution.

Primary education is compulsory for all citizens of both sexes and is free of charge in State schools.

The principles governing the functioning of private primary and secondary schools shall be regulated by law in keeping with the standards set for State schools.

Added paragraph: 9/2/2008, Law No. 5735, Art. 2; Annulled by Constitutional Court decision of 5/6/2008, E. 2008/16, K. 2008/116

The State shall provide scholarships and other means of assistance to enable students of merit lacking financial means to continue their education. The State shall take measures to rehabilitate those in need of special training so as to render such people useful to society.

Training, education, research and study are the only activities that shall be pursued at institutions of training and education. These activities shall not be obstructed in any way.

No language other than Turkish shall be taught as a mother tongue to Turkish citizens at any institution of training or education. Foreign languages to be taught in institutions of training and education and the principles to be followed by schools conducting training and education in a foreign language shall be regulated by law. The provisions of international treaties are reserved.

The coasts are under the sovereignty and at the disposal of the State.

In the utilisation of the sea coast, lake shores or river banks, and of the coastal strip along the sea and lakes, public interest shall be taken into consideration with priority.

The width of coasts and coastal strips according to the purpose of utilisation, and the possibilities and conditions for their utilisation by individuals, shall be regulated by law.

The State shall take the necessary measures to maintain and develop efficient land cultivation, to prevent its loss through erosion, and to provide land to farmers engaged in agriculture who have no land or insufficient land. For this purpose, the law may define the size of appropriate land units according to different agricultural regions and types of soil. Provision of land to farmers with no land or insufficient land shall not lead to a fall in production, or to the depletion of forests and other land and underground resources.

Lands distributed for this purpose shall neither be divided nor be transferred to others, except through inheritance, and shall be cultivated only by the farmers to whom they have been distributed and their heirs. The principles concerning the recovery by the State of the land thus distributed, in the event of loss of these conditions, shall be regulated by law.

The State shall facilitate the acquisition of machinery, equipment and other inputs by farmers and livestock breeders in order to prevent the misuse and destruction of agricultural land, meadows and pastures, and to increase crop and livestock production in accordance with the principles of agricultural planning.

The State shall take the necessary measures to put a value on crop and livestock products and to enable producers to receive their real value.

Amended: 3/10/2001, Law No. 4709, Art. 18

The State and public legal persons shall be entitled, where the public interest requires it, to expropriate privately owned immovable property in whole or in part, and to impose administrative servitudes on it, in accordance with the principles and procedures prescribed by law, provided that the real compensation is paid in advance.

The compensation for expropriation and the increase amount determined by a final judgment shall be paid in cash and in advance. However, the method of payment of compensation for land expropriated for the implementation of land reform, major energy and irrigation projects and housing and resettlement projects, afforestation, protection of the coasts, and tourism, shall be prescribed by law. In such cases where the law may allow payment in instalments, the payment period shall not exceed five years; in that case, the instalments shall be paid in equal amounts.

Compensation for land expropriated from small farmers who cultivate their own land shall be paid in advance in all cases.

In the instalments envisaged in the second paragraph, and in expropriation compensation that has not been paid for any reason, the highest interest rate provided for public claims shall be applied.

Private enterprises performing public services may be nationalised when this is required by the public interest.

Nationalisation shall be carried out on the basis of real value. The methods and procedures for calculating the real value shall be prescribed by law.

Added paragraph: 13/8/1999, Law No. 4446, Art. 1 The principles and procedures for the privatisation of enterprises and assets owned by the State, State economic enterprises and other public legal persons shall be prescribed by law.

Added paragraph: 13/8/1999, Law No. 4446, Art. 1 Which of the investments and services carried out by the State, State economic enterprises and other public legal persons may be performed by or delegated to natural or legal persons through private law contracts shall be determined by law.

Everyone has the freedom to work and conclude contracts in the field of his or her choice. Establishment of private enterprises is free.

The State shall take measures to ensure that private enterprises operate in accordance with national economic requirements and social objectives and in conditions of security and stability.

Everyone has the right and duty to work.

Amended paragraph: 3/10/2001, Law No. 4709, Art. 19 The State shall take the necessary measures to raise the standard of living of workers, to protect workers and the unemployed in order to improve the general conditions of labour, to promote labour, to create suitable economic conditions for the prevention of unemployment, and to secure labour peace.

Repealed paragraph: 3/10/2001, Law No. 4709, Art. 19

No one shall be required to perform work unsuited to his or her age, sex or capacity.

Minors, women and persons with physical or mental disabilities shall enjoy special protection with regard to working conditions.

All workers have the right to rest.

Rights and conditions relating to paid weekly and public holidays, together with paid annual leave, shall be regulated by law.

Amended: 3/10/2001, Law No. 4709, Art. 20

Employees and employers have the right to form unions and higher organisations, without prior permission, and they also possess the right to become a member of a union and to freely withdraw from membership, in order to safeguard and develop the economic and social rights and interests of their members in their labour relations. No one shall be compelled to become a member of a union or to withdraw from membership.

The right to form unions may be restricted only by law on the grounds of national security, public order, prevention of crime, protection of public health and public morals, and protection of the rights and freedoms of others.

The formalities, conditions and procedures to be applied in the exercise of the right to form unions shall be prescribed by law.

Repealed fourth paragraph: 7/5/2010, Law No. 5982, Art. 5

The scope, exceptions and limits of the rights of public servants who do not have the status of workers in this field shall be prescribed by law in line with the nature of their service.

The regulations, administration and functioning of unions and their higher organisations shall not be inconsistent with the fundamental characteristics of the Republic and the principles of democracy.

Repealed: 23/7/1995, Law No. 4121, Art. 3

Workers and employers have the right to conclude collective labour agreements in order to regulate reciprocally their economic and social position and conditions of work.

The procedure to be followed in concluding collective labour agreements shall be regulated by law.

Added paragraph: 23/7/1995, Law No. 4121, Art. 4; Repealed third paragraph: 7/5/2010, Law No. 5982, Art. 6

Repealed fourth paragraph: 7/5/2010, Law No. 5982, Art. 6

Added paragraph: 7/5/2010, Law No. 5982, Art. 6 Civil servants and other public servants have the right to conclude collective agreements.

Added paragraph: 7/5/2010, Law No. 5982, Art. 6 If a dispute arises during the conclusion of a collective agreement, the parties may apply to the Public Servants Arbitration Board. The decisions of the Public Servants Arbitration Board shall be final and shall have the force of a collective agreement.

Added paragraph: 7/5/2010, Law No. 5982, Art. 6 The scope of the right to collective agreement, its exceptions, the beneficiaries of collective agreements, the form, procedure and entry into force of collective agreements, the extension of the provisions of collective agreements to retirees, the formation of the Public Servants Arbitration Board, its working procedures and principles, and other matters shall be regulated by law.

Workers have the right to strike if a dispute arises during the collective bargaining process. The procedures and conditions governing the exercise of this right and the employer's recourse to a lockout, their scope, and the exceptions to which they are subject shall be regulated by law.

The right to strike and lockout shall not be exercised in a manner contrary to the principle of good faith, to the detriment of society, or in a manner damaging national wealth.

Repealed third paragraph: 7/5/2010, Law No. 5982, Art. 7

The circumstances and places in which strikes and lockouts may be prohibited or postponed shall be regulated by law.

In cases where a strike or a lockout is prohibited or postponed, the dispute shall be settled by the High Arbitration Board at the end of the period of postponement. The parties to the dispute may also apply to the High Arbitration Board by mutual agreement at any stage of the dispute. The decisions of the High Arbitration Board shall be final and shall have the force of a collective labour agreement.

The organisation and functions of the High Arbitration Board shall be regulated by law.

Repealed seventh paragraph: 7/5/2010, Law No. 5982, Art. 7

Those who do not participate in a strike shall in no way be prevented from working at their workplaces by strikers.

Wages shall be paid in return for work.

The State shall take the necessary measures to ensure that workers earn a fair wage suitable for the work they perform and enjoy other social benefits.

Amended paragraph: 3/10/2001, Law No. 4709, Art. 21 In determining the minimum wage, the living conditions of workers and the economic situation of the country shall also be taken into account.

Everyone has the right to live in a healthy and balanced environment.

It is the duty of the State and citizens to improve the natural environment, to protect environmental health and to prevent environmental pollution.

To ensure that everyone leads a life in conditions of physical and mental health, and to secure cooperation in terms of human and material resources through economy and increased productivity, the State shall regulate central planning and the functioning of health services.

The State shall fulfil this task by utilising and supervising the health and social assistance institutions in both the public and private sectors.

In order to establish widespread health services, general health insurance may be introduced by law.

The State shall take measures to meet the needs for housing, within the framework of a plan which takes into account the characteristics of cities and environmental conditions, and shall support community housing projects.

The State shall take measures to ensure the training and development of youth, into whose keeping our independence and our Republic are entrusted, in the light of positive science, in line with the principles and reforms of Atatürk, and in opposition to ideas aiming at the destruction of the indivisible integrity of the State with its territory and nation.

The State shall take the necessary measures to protect youth from addiction to alcohol, drugs, crime, gambling and similar vices, and from ignorance.

The State shall take measures to develop the physical and mental health of Turkish citizens of all ages, and shall encourage the spread of sports among the masses.

The State shall protect successful athletes.

Added paragraph: 17/3/2011, Law No. 6214, Art. 1 Decisions of sports federations relating to the administration and discipline of sports activities may be challenged only through compulsory arbitration. Decisions of the arbitration board shall be final, and no application shall be made to any judicial authority against these decisions.

Everyone has the right to social security.

The State shall take the necessary measures and establish the organisation for the provision of social security.

B. Persons requiring special protection with regard to social security:

The State shall protect the widows and orphans of those killed in war and in the line of duty, together with the disabled and war veterans, and ensure that they enjoy a decent standard of living in society.

The State shall take measures to protect the disabled and secure their integration into community life.

The elderly shall be protected by the State. State assistance to the elderly, and other rights and benefits, shall be regulated by law.

The State shall take all kinds of measures for the social integration of children in need of protection.

To achieve these aims, the State shall establish the necessary organisations or facilities, or arrange for their establishment.

The State shall take the necessary measures to ensure the family unity, the education of the children, the cultural needs and the social security of Turkish citizens working abroad, to safeguard their ties with the home country, and to help them on their return home.

The State shall ensure the conservation of historical, cultural and natural assets and values, and shall take supportive and promotive measures towards this end.

Any limitations to be imposed on such assets and values that are privately owned, and the assistance to be provided and exemptions to be granted to their owners on this account, shall be regulated by law.

The State shall protect artistic activities and artists. The State shall take the necessary measures to protect, promote and support works of art and artists, and to encourage the spread of appreciation for the arts.

Amended: 3/10/2001, Law No. 4709, Art. 22

The State shall fulfil its duties as laid down in the Constitution in the social and economic fields, by observing the priorities appropriate to the purposes of these duties and within the limits of the adequacy of its financial resources.

Everyone bound to the Turkish State through the bond of citizenship is a Turk.

The child of a Turkish father or a Turkish mother is a Turk. Repealed second sentence: 3/10/2001, Law No. 4709, Art. 23

Citizenship shall be acquired under the conditions stipulated by law, and shall be lost only in the cases determined by law.

No Turk shall be deprived of citizenship unless he or she commits an act incompatible with loyalty to the motherland.

Recourse to the courts against decisions and proceedings related to deprivation of citizenship shall not be denied.

Citizens have the right to vote, to be elected, to engage in political activities independently or within a political party, and to take part in referendums, in conformity with the conditions set forth in law.

Amended paragraph: 23/7/1995, Law No. 4121, Art. 5 Elections and referendums shall be held under the direction and supervision of the judiciary, in accordance with the principles of free, equal, secret, single-stage, universal suffrage, and public counting and tabulation of votes. However, the law shall determine the applicable measures so that Turkish citizens residing abroad are able to exercise their right to vote.

Amended paragraph: 23/7/1995, Law No. 4121, Art. 5 Every Turkish citizen who has attained the age of eighteen has the right to vote in elections and to take part in referendums.

The exercise of these rights shall be regulated by law.

Amended paragraph: 23/7/1995, Law No. 4121, Art. 5 Privates and corporals serving in the armed forces, students in military schools, and convicts in penal execution institutions, excluding those convicted of offences committed through negligence, shall not vote. The measures necessary from the standpoint of electoral security for voting in penal execution institutions and detention houses and for the counting and tabulation of the votes shall be determined by the Supreme Election Council, and the voting shall take place under the on-site direction and supervision of the competent judge.

Added paragraph: 23/7/1995, Law No. 4121, Art. 5 Election laws shall be drawn up in such a way as to reconcile the principles of fairness of representation and stability of government.

Added paragraph: 3/10/2001, Law No. 4709, Art. 24 Amendments made to election laws shall not apply to elections held within one year from the date on which the amendments enter into force.

Amended: 23/7/1995, Law No. 4121, Art. 6

Citizens have the right to form political parties and, in accordance with the established procedure, to join and withdraw from them. One must have attained the age of eighteen to become a member of a party.

Political parties are indispensable elements of democratic political life.

Political parties shall be founded without prior permission and shall pursue their activities within the provisions of the Constitution and laws.

The statutes and programmes, as well as the activities, of political parties shall not be contrary to the independence of the State, its indivisible integrity with its territory and nation, human rights, the principles of equality and the rule of law, the sovereignty of the nation, or the principles of the democratic and secular Republic; they shall not aim to advocate or establish class or group dictatorship or dictatorship of any kind; and they shall not incite the commission of offences.

Judges and prosecutors, members of the higher judicial organs including the Court of Accounts, personnel of public institutions and organisations holding civil servant status, other public servants who are not considered to be workers by virtue of the services they perform, members of the Armed Forces, and students who have not yet entered higher education shall not become members of political parties.

The membership of higher education teaching staff in political parties may be regulated only by law. The law shall not allow such staff to assume party functions other than in the central organs of political parties, and shall determine the principles to be observed in higher education institutions by teaching staff who are party members.

The principles concerning the membership of higher education students in political parties shall be regulated by law

The State shall provide political parties with financial assistance in an adequate and equitable manner. The principles to which assistance to parties, as well as the membership dues and donations they receive, are subject shall be regulated by law.

Amended: 23/7/1995, Law No. 4121, Art. 7

The activities, internal regulations and operations of political parties shall be in conformity with the principles of democracy. The application of these principles shall be regulated by law.

Political parties shall not engage in commercial activities.

The income and expenditure of political parties shall be consistent with their objectives. The application of this rule shall be regulated by law. The auditing by the Constitutional Court of the conformity with law of the acquisition of property and of the income and expenditure of political parties, the methods of such auditing, and the sanctions to be applied in the event of non-conformity shall be set forth in law. The Constitutional Court shall be assisted by the Court of Accounts in performing this auditing task. The decisions of the Constitutional Court rendered as a result of this auditing shall be final.

The dissolution of political parties shall be finally decided by the Constitutional Court upon an action filed by the Chief Public Prosecutor of the Republic at the Court of Cassation.

A decision of permanent dissolution shall be rendered where the statute and programme of a political party are found to be contrary to the provisions of the fourth paragraph of Article 68.

A decision to dissolve a political party permanently on account of activities contrary to the provisions of the fourth paragraph of Article 68 may be rendered only where the Constitutional Court determines that the party has become a centre for the commission of such acts. Added sentence: 3/10/2001, Law No. 4709, Art. 25 A political party shall be deemed to have become a centre for such acts only where such acts are committed intensively by the members of that party and this situation is implicitly or explicitly approved by the grand congress, the general chairperson, or the central decision-making or administrative organs of that party, or by its group's general meeting or group executive board in the Grand National Assembly of Türkiye, or where such acts are committed in a determined manner directly by the said party organs.

Added paragraph: 3/10/2001, Law No. 4709, Art. 25 Instead of permanent dissolution under the paragraphs above, the Constitutional Court may, depending on the gravity of the acts brought before the court, rule that the political party concerned be deprived of State aid in part or in whole.

A party which has been permanently dissolved shall not be founded under another name.

Members, including the founders, of a political party whose statements or activities have caused the party to be permanently dissolved shall not be founders, members, executives or auditors of another party for a period of five years from the date of publication in the Official Gazette of the final decision of the Constitutional Court on permanent dissolution together with its reasoning.

Political parties which receive material assistance from foreign States, international organisations, or natural and legal persons not of Turkish nationality shall be permanently dissolved.

Amended paragraph: 3/10/2001, Law No. 4709, Art. 25 The founding and activities of political parties, their supervision and dissolution, or their deprivation of State aid in part or in whole, as well as the election expenditures and procedures of political parties and candidates, shall be regulated by law within the framework of the above principles.

Every Turk has the right to enter public service.

No criteria other than the qualifications required for the office concerned shall be taken into consideration in recruitment into public service.

The declaration of assets by persons entering public service, and the intervals at which such declarations are to be renewed, shall be regulated by law. Those serving in the legislative and executive organs shall not be exempted from this requirement.

National service is the right and duty of every Turk. The manner in which this service shall be performed, or shall be deemed to have been performed, in the Armed Forces or in the public sector shall be regulated by law.

Everyone is under the obligation to pay taxes according to his or her financial resources in order to meet public expenditure.

The fair and balanced distribution of the tax burden is the social objective of fiscal policy.

Taxes, duties, fees and other such financial obligations shall be imposed, amended or abolished by law.

The President of the Republic may be empowered to amend the provisions on exemptions, exceptions and reductions in, and the rates of, taxes, duties, fees and other such financial obligations, within the minimum and maximum limits prescribed by law.

Citizens, and foreigners resident in Türkiye subject to the principle of reciprocity, have the right to apply in writing to the competent authorities and to the Grand National Assembly of Türkiye with regard to requests and complaints concerning themselves or the public.

The result of an application concerning the applicant shall be notified to the petitioner in writing without delay.

Repealed third paragraph: 7/5/2010, Law No. 5982, Art. 8

Added paragraph: 7/5/2010, Law No. 5982, Art. 8 Everyone has the right to obtain information and to apply to the ombudsman.

Added paragraph: 7/5/2010, Law No. 5982, Art. 8 The Ombudsman Institution, established under the Speaker's Office of the Grand National Assembly of Türkiye, shall examine complaints concerning the functioning of the administration.

Added paragraph: 7/5/2010, Law No. 5982, Art. 8 The Chief Ombudsman shall be elected by the Grand National Assembly of Türkiye by secret ballot for a term of four years. In the first two rounds of voting a two-thirds majority of the total number of members, and in the third round an absolute majority of the total number of members, shall be required. If an absolute majority cannot be obtained in the third round, a fourth round shall be held between the two candidates who received the most votes in the third round; the candidate who receives the most votes in the fourth round shall be elected.

Added paragraph: 7/5/2010, Law No. 5982, Art. 8 The manner of exercising the rights listed in this article, the establishment, duties and functioning of the Ombudsman Institution, the actions it shall take upon completion of its examinations, and the procedures and principles concerning the qualifications, election and personnel rights of the Chief Ombudsman and the ombudsmen shall be regulated by law.

PART THREE

FUNDAMENTAL ORGANS OF THE REPUBLIC

CHAPTER ONE

Legislative Power

I. Grand National Assembly of Türkiye

A. Composition:

Amended: 23/7/1995, Law No. 4121, Art. 8

The Grand National Assembly of Türkiye shall be composed of six hundred deputies elected by universal suffrage.

Every Turk who has attained the age of eighteen is eligible to be elected as a deputy.

Persons who have not completed at least primary school education, persons under legal interdiction, persons who have not fulfilled their compulsory military service, persons banned from public service, persons sentenced to a total of one year or more of imprisonment or heavy imprisonment, excluding offences committed through negligence, and persons convicted of dishonourable offences such as embezzlement, corruption, extortion, bribery, theft, fraud, forgery, breach of trust or fraudulent bankruptcy, or convicted of smuggling, bid rigging in official tenders and purchases, disclosure of State secrets, involvement in terrorist acts, or incitement and encouragement of such acts, shall not be elected as deputies, even if they have been pardoned.

Judges and prosecutors, members of the higher judicial organs, teaching staff at higher education institutions, members of the Council of Higher Education, personnel of public institutions and organisations holding civil servant status, other public servants who are not considered to be workers by virtue of the services they perform, and members of the Armed Forces shall not stand as candidates or be elected as deputies unless they resign from office.

Amended: 21/1/2017, Law No. 6771, Art. 4

Elections for the Grand National Assembly of Türkiye and for the Presidency of the Republic shall be held on the same day every five years.

A deputy whose term of office expires may be re-elected.

Where the required majority cannot be obtained in the first round of the presidential election, a second round of voting shall be held in accordance with the procedure set out in Article 101.

If the holding of new elections is found to be impossible because of war, the Grand National Assembly of Türkiye may decide to postpone elections for one year.

If the grounds for postponement have not ceased to exist, this measure may be repeated in accordance with the procedure followed in the decision on postponement.

By-elections shall be held where vacancies arise in the membership of the Grand National Assembly of Türkiye. By-elections shall be held once in each electoral term, and no by-election may be held until thirty months have elapsed since the general election. However, where the number of vacant seats reaches five per cent of the total number of members, it shall be decided that by-elections be held within three months.

By-elections shall not be held within one year before general elections.

Added paragraph: 27/12/2002, Law No. 4777, Art. 2 Apart from the cases set out above, where a province or an electoral district has no remaining member in the Grand National Assembly of Türkiye, a by-election shall be held on the first Sunday following the ninety days after the vacancy occurs. The provision of the third paragraph of Article 127 of the Constitution shall not apply to elections held pursuant to this paragraph.

Elections shall be held under the general direction and supervision of the judicial organs.

The Supreme Election Council shall have the duty of carrying out, or causing to be carried out, all procedures for the orderly conduct and integrity of the elections from the beginning to the end of the electoral process, of examining and rendering final decisions on all irregularities, complaints and objections concerning electoral matters during and after the elections, and of approving the election records of the members of the Grand National Assembly of Türkiye and the election records of the Presidency of the Republic. No appeal shall be made to any other authority against the decisions of the Supreme Election Council.

The duties and powers of the Supreme Election Council and of the other electoral councils shall be regulated by law.

The Supreme Election Council shall be composed of seven full members and four substitute members. Six of the members shall be elected by the Plenary Assembly of the Court of Cassation and five by the Plenary Assembly of the Council of State from among their own members by secret ballot and by an absolute majority of their total number of members. These members shall elect a president and a vice-president from among themselves by absolute majority and secret ballot.

Two substitute members each shall be designated by lot from among the members of the Supreme Election Council elected by the Court of Cassation and by the Council of State. The President and the Vice-President of the Supreme Election Council shall not take part in the drawing of lots.

The general direction and supervision of the submission to referendum of laws on constitutional amendments, and of the election of the President of the Republic by the people, shall also be carried out in accordance with the provisions applicable to the election of deputies.

Members of the Grand National Assembly of Türkiye shall represent not merely their own constituencies or those who elected them, but the Nation as a whole.

Members of the Grand National Assembly of Türkiye shall, on assuming office, take the following oath:

"I swear upon my honour and integrity before the great Turkish nation to safeguard the existence and independence of the State and the indivisible integrity of the country and the nation, and the unconditional and absolute sovereignty of the nation; to remain loyal to the supremacy of law, to the democratic and secular Republic, and to Atatürk's principles and reforms; not to deviate from the ideal according to which everyone is entitled to enjoy human rights and fundamental freedoms under conditions of peace and prosperity in society, national solidarity and justice; and to remain loyal to the Constitution".

Members of the Grand National Assembly of Türkiye shall not hold office in the State or other public legal persons and in organisations attached to them; in enterprises and partnerships in which the State or other public legal persons participate directly or indirectly; or on the executive and supervisory boards of associations working for the public benefit whose special sources of revenue and special privileges are provided by law, of foundations receiving financial subsidies from the State and enjoying tax exemption, of professional organisations having the character of public institutions, and of trade unions and their higher organisations, or of enterprises or partnerships in which these participate; nor shall they act as their representatives, accept directly or indirectly any contractual undertaking, or act as their agents or arbitrators.

Members of the Grand National Assembly of Türkiye shall not be entrusted with any official or private duty involving recommendation, nomination, appointment or approval by the executive organ. Repealed second sentence: 21/1/2017, Law No. 6771, Art. 16

Other functions and activities incompatible with membership of the Grand National Assembly of Türkiye shall be regulated by law.

Members of the Grand National Assembly of Türkiye shall not be held liable for their votes and statements in the course of the Assembly's work, for the views they express before the Assembly, or, unless the Assembly decides otherwise on the proposal of the Bureau for that sitting, for repeating or disclosing these outside the Assembly.

A deputy who is alleged to have committed an offence before or after election shall not be arrested, interrogated, detained or tried unless the Assembly decides otherwise. Cases where a deputy is caught in flagrante delicto for an offence requiring a heavy penalty, and cases subject to Article 14 of the Constitution provided that an investigation was initiated before the election, are outside the scope of this provision. However, in such situations the competent authority shall notify the Grand National Assembly of Türkiye of the case immediately and directly.

The execution of a criminal sentence imposed on a member of the Grand National Assembly of Türkiye, either before or after his or her election, shall be suspended until he or she ceases to be a member; limitation shall not run during the term of membership.

The investigation and prosecution of a re-elected deputy shall be subject to the Assembly lifting immunity anew.

Political party groups in the Grand National Assembly of Türkiye shall not hold discussions or take decisions regarding legislative immunity.

Amended: 23/7/1995, Law No. 4121, Art. 9

The loss of membership of a deputy who resigns shall be decided by the Plenary of the Grand National Assembly of Türkiye after the validity of the resignation has been established by the Bureau of the Grand National Assembly of Türkiye.

The loss of membership through a final criminal conviction or legal interdiction shall take effect when the final court decision on the matter is notified to the Plenary.

The loss of membership of a deputy who insists on holding an office or performing a service incompatible with membership under Article 82 shall be decided by the Plenary by secret ballot upon the report of the competent committee establishing this situation.

The loss of membership of a deputy who, without excuse or leave, fails to attend a total of five sitting days of the Assembly's work within a period of one month may be decided by the Plenary by an absolute majority of the total number of members, after the situation has been established by the Bureau of the Assembly.

Repealed last paragraph: 7/5/2010, Law No. 5982, Art. 9

Amended: 23/7/1995, Law No. 4121, Art. 10

Where the legislative immunity of a deputy has been lifted, or where loss of membership has been decided under the first, third or fourth paragraphs of Article 84, the deputy concerned or any other deputy may, within seven days from the date of the decision of the Plenary of the Assembly, apply to the Constitutional Court for the annulment of the decision on the grounds that it is contrary to the Constitution, the law or the Rules of Procedure. The Constitutional Court shall render a final decision on the application for annulment within fifteen days.

Amended first sentence: 21/11/2001, Law No. 4720, Art. 1 The salaries, allowances and retirement arrangements of the members of the Grand National Assembly of Türkiye shall be regulated by law. The monthly amount of the salary shall not exceed the salary of the highest-ranking civil servant, and the allowance shall not exceed one half of that salary. Members of the Grand National Assembly of Türkiye and those of them who are retired shall be affiliated with the Retirement Fund of the Republic of Türkiye (T.C. Emekli Sandığı), and the affiliation of those whose membership has ended shall continue at their request.

The salaries and allowances paid to members of the Grand National Assembly of Türkiye shall not require the suspension of pensions and similar payments granted to them by the Retirement Fund of the Republic of Türkiye.

A maximum of three months' salary and allowances may be paid in advance.

Amended: 21/1/2017, Law No. 6771, Art. 5

The duties and powers of the Grand National Assembly of Türkiye are to enact, amend and repeal laws; to debate and adopt the budget bills and the final accounts bills; to decide on printing currency and declaring war; to approve the ratification of international treaties; to decide, by a three-fifths majority of the total number of members of the Grand National Assembly of Türkiye, on proclaiming general and special amnesty; and to exercise the powers and perform the duties envisaged in the other articles of the Constitution.

Deputies (…) are empowered to propose laws.

The procedures and principles relating to the debate of law (…) proposals in the Grand National Assembly of Türkiye shall be regulated by the Rules of Procedure.

The President of the Republic shall promulgate the laws adopted by the Grand National Assembly of Türkiye within fifteen days.

Laws which the President of the Republic deems unsuitable for promulgation, in part or in whole, shall be returned to the Grand National Assembly of Türkiye within the same period for further consideration, together with a statement of the reasons. Added sentence: 3/10/2001, Law No. 4709, Art. 29 Where the President of the Republic deems a law partly unsuitable, the Grand National Assembly of Türkiye may debate only the articles deemed unsuitable. Budget laws shall not be subject to this provision.

If the Grand National Assembly of Türkiye adopts the returned law in its unchanged form by an absolute majority of the total number of members, the law shall be promulgated by the President of the Republic; if the Assembly makes a new amendment to the returned law, the President of the Republic may again return the amended law to the Assembly.

The provisions relating to constitutional amendments are reserved.

The ratification of treaties to be concluded with foreign states and international organisations on behalf of the Republic of Türkiye shall be subject to the approval of such ratification by the Grand National Assembly of Türkiye by a law.

Treaties regulating economic, commercial or technical relations and covering a period of no more than one year may be put into effect through promulgation, provided that they do not entail any financial commitment by the State and provided that they do not infringe upon the status of individuals or upon the property rights of Turkish citizens abroad. In such cases, these treaties shall be brought to the knowledge of the Grand National Assembly of Türkiye within two months of their promulgation.

Implementation agreements based on an international treaty, and economic, commercial, technical or administrative agreements concluded on the basis of an authorisation given by law, shall not be required to be approved by the Grand National Assembly of Türkiye; however, economic, commercial or agreements relating to the rights of private individuals concluded under this paragraph shall not be put into effect unless promulgated.

The provision of the first paragraph shall apply to the conclusion of all kinds of treaties that bring about amendments to Turkish laws.

International agreements duly put into effect have the force of law. No appeal to the Constitutional Court shall be made with regard to these agreements on the ground that they are unconstitutional. Added sentence: 7/5/2004, Law No. 5170, Art. 7 In the case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and the laws, due to differences in provisions on the same matter, the provisions of international agreements shall prevail.

Repealed: 21/1/2017, Law No. 6771, Art. 16

The power to authorise the declaration of a state of war in cases deemed legitimate by international law and, except where required by international treaties to which Türkiye is a party or by the rules of international courtesy, to authorise the sending of the Turkish Armed Forces to foreign countries or the stationing of foreign armed forces in Türkiye, is vested in the Grand National Assembly of Türkiye.

If the country is subjected to a sudden armed aggression while the Grand National Assembly of Türkiye is adjourned or in recess, and it thus becomes imperative to decide immediately on the use of armed forces, the President of the Republic may also decide on the use of the Turkish Armed Forces.

Amended first paragraph: 23/7/1995, Law No. 4121, Art. 11 The Grand National Assembly of Türkiye shall convene of its own accord on the first day of October each year.

The Assembly may be in recess for a maximum of three months in a legislative year; during adjournment or recess, it shall be summoned (…) by the President of the Republic.

The Speaker of the Assembly shall also summon the Assembly, either on his or her own initiative or at the written request of one fifth of the members.

If the Grand National Assembly of Türkiye is convened during an adjournment or recess, it shall not adjourn or go into recess again before considering, with priority, the matter requiring the meeting.

The Bureau of the Grand National Assembly of Türkiye shall be composed of the Speaker, Deputy Speakers, Secretary Members and Administrative Members, elected from among the members of the Assembly.

The Bureau shall be constituted in such a way as to ensure the participation in the Bureau of the political party groups in proportion to the number of their members in the Assembly. Political party groups shall not nominate candidates for the Speakership.

Two elections shall be held for the Bureau of the Grand National Assembly of Türkiye within one legislative term. Amended second sentence: 7/5/2010, Law No. 5982, Art. 10 The term of office of those elected first shall be two years, and the term of office of those elected for the second period shall continue until the end of that legislative term.

Candidates for the Speakership of the Grand National Assembly of Türkiye shall be nominated from among the members of the Assembly and notified to the Bureau within five days of the convening of the Assembly; the election of the Speaker shall be held by secret ballot. In the first two ballots, a two-thirds majority of the total number of members, and in the third ballot, an absolute majority of the total number of members, is required. If an absolute majority cannot be obtained in the third ballot, a fourth ballot shall be held between the two candidates who received the greatest number of votes in the third ballot; the member who receives the greatest number of votes in the fourth ballot shall be elected Speaker. The election of the Speaker shall be completed within five days of the expiry of the period for the nomination of candidates.

The number of Deputy Speakers, Secretary Members and Administrative Members of the Grand National Assembly of Türkiye, the quorum for their election, the number of ballots and the procedures of voting shall be determined by the Rules of Procedure of the Assembly.

The Speaker and Deputy Speakers of the Grand National Assembly of Türkiye shall not participate in the activities of the political party or parliamentary group of which they are members, within or outside the Assembly; nor shall they take part in debates in the Assembly, except in cases required by their functions; the Speaker and the Deputy Speaker presiding over the sitting shall not vote.

The Grand National Assembly of Türkiye shall carry out its activities in accordance with the provisions of the Rules of Procedure drawn up by itself.

The provisions of the Rules of Procedure shall be drawn up in such a way as to ensure the participation of each political party group in all the activities of the Assembly in proportion to the number of its members. Political party groups shall consist of at least twenty members.

All security and administrative services in all buildings, installations, annexes and lands of the Grand National Assembly of Türkiye shall be organised and carried out by the Speaker's Office of the Assembly. Sufficient forces for security and other law enforcement services shall be allocated by the relevant authorities to the Speaker's Office of the Assembly.

Amended first paragraph: 31/5/2007, Law No. 5678, Art. 3 The Grand National Assembly of Türkiye shall convene with at least one third of the total number of members in all its proceedings, including elections. Unless otherwise stipulated in the Constitution, the Grand National Assembly of Türkiye shall take decisions by an absolute majority of those present; however, the quorum for decisions shall under no circumstances be less than one quarter of the total number of members plus one.

Repealed second paragraph: 21/1/2017, Law No. 6771, Art. 16

Debates in the Plenary of the Grand National Assembly of Türkiye shall be public and shall be published verbatim in the Journal of Records.

The Grand National Assembly of Türkiye may hold closed sittings in accordance with the provisions of its Rules of Procedure; the publication of debates of such sittings shall be subject to the decision of the Grand National Assembly of Türkiye.

Public debates in the Assembly may be freely published through all kinds of media, unless a decision to the contrary is adopted by the Assembly upon a proposal of the Bureau at that sitting.

IV. Methods of obtaining information and supervision by the Grand National Assembly of Türkiye

(…)

Amended: 21/1/2017, Law No. 6771, Art. 6

The Grand National Assembly of Türkiye shall exercise its power of obtaining information and supervision by means of parliamentary inquiry, general debate, parliamentary investigation and written question.

A parliamentary inquiry is an examination conducted to obtain information on a specific subject.

A general debate is the consideration of a specific subject relating to the community and the activities of the State at the Plenary of the Grand National Assembly of Türkiye.

A parliamentary investigation is an investigation concerning the Vice Presidents and ministers conducted in accordance with the fifth, sixth and seventh paragraphs of Article 106.

A written question is a question addressed in writing by deputies to the Vice Presidents and ministers, to be answered in writing within fifteen days at the latest.

The form, content and scope of motions for parliamentary inquiry, general debate and written questions, and the procedures of inquiry, shall be regulated by the Rules of Procedure of the Assembly.

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

Amended: 21/1/2017, Law No. 6771, Art. 7

The President of the Republic shall be elected directly by the people from among Turkish citizens who are over forty years of age, have completed higher education and are eligible to be elected as deputies.

The term of office of the President of the Republic shall be five years. A person may be elected as President of the Republic for a maximum of two terms.

Candidates for the Presidency of the Republic may be nominated by political party groups, by political parties which have, individually or jointly, received at least five percent of the total valid votes in the most recent general elections, and by at least one hundred thousand voters.

The membership in the Grand National Assembly of Türkiye of a deputy elected as President of the Republic shall terminate.

In the election to be held by universal suffrage, the candidate who receives an absolute majority of the valid votes shall be elected President of the Republic. If this majority cannot be obtained in the first ballot, a second ballot shall be held on the second Sunday following that ballot. The two candidates who received the greatest number of votes in the first ballot shall take part in this ballot, and the candidate who receives the majority of the valid votes shall be elected President of the Republic.

If one of the candidates entitled to take part in the second ballot does not participate in the election for any reason, the second ballot shall be held by substituting the vacant candidacy in accordance with the ranking in the first ballot. If only one candidate remains for the second ballot, this ballot shall be held in the form of a referendum. If the candidate receives an absolute majority of the valid votes, he or she shall be elected President of the Republic. If the candidate does not receive the majority of the valid votes in the ballot, only the election of the President of the Republic shall be repeated.

If the elections cannot be completed, the term of office of the incumbent President of the Republic shall continue until the new President takes office.

Other procedures and principles relating to the presidential elections shall be regulated by law.

Repealed: 21/1/2017, Law No. 6771, Art. 16

On assuming office, the President of the Republic shall take the following oath before the Grand National Assembly of Türkiye:

"In my capacity as President of the Republic, I swear upon my honour and integrity before the Great Turkish Nation and before history to safeguard the existence and independence of the State, the indivisible integrity of the country and the nation, and the unconditional sovereignty of the nation; to abide by the Constitution, the rule of law, democracy, the principles and reforms of Atatürk, and the principles of the secular Republic; not to deviate from the ideal according to which everyone is entitled to enjoy human rights and fundamental freedoms under conditions of national peace and prosperity and in a spirit of national solidarity and justice; and to exert all my efforts to preserve and exalt the glory and honour of the Republic of Türkiye and to perform without bias the functions that I have assumed."

Amended: 21/1/2017, Law No. 6771, Art. 8

The President of the Republic is the Head of State. Executive power shall be vested in the President of the Republic.

In the capacity of Head of State, the President of the Republic shall represent the Republic of Türkiye and the unity of the Turkish Nation; he or she shall ensure the implementation of the Constitution and the regular and harmonious functioning of the organs of the State.

If deemed necessary, he or she shall deliver the opening address in the Grand National Assembly of Türkiye on the first day of the legislative year.

He or she shall deliver messages to the Assembly on the domestic and foreign policies of the country.

He or she shall promulgate laws.

He or she shall return laws to the Grand National Assembly of Türkiye for reconsideration.

He or she shall apply to the Constitutional Court for the annulment of laws, or of the Rules of Procedure of the Grand National Assembly of Türkiye in whole or of specific provisions thereof, on the ground that they are unconstitutional in form or in substance.

He or she shall appoint and dismiss the Vice Presidents and ministers.

He or she shall appoint and dismiss high-level public executives, and shall regulate by presidential decree the procedures and principles relating to their appointment.

He or she shall accredit representatives of the Republic of Türkiye to foreign states and receive the representatives of foreign states to the Republic of Türkiye.

He or she shall ratify and promulgate international treaties.

He or she shall submit to referendum, if deemed necessary, laws relating to amendments to the Constitution.

He or she shall determine national security policies and take the necessary measures.

He or she shall represent the Office of Commander-in-Chief of the Turkish Armed Forces on behalf of the Grand National Assembly of Türkiye.

He or she shall decide on the use of the Turkish Armed Forces.

He or she shall remit or commute the sentences of individuals on grounds of chronic illness, disability or old age.

The President of the Republic may issue presidential decrees on matters relating to executive power. The fundamental rights, individual rights and duties included in the first and second chapters of the second part of the Constitution, and the political rights and duties listed in the fourth chapter, shall not be regulated by presidential decree. No presidential decree shall be issued on matters which the Constitution stipulates are to be regulated exclusively by law. No presidential decree shall be issued on matters explicitly regulated by law. In the event of a conflict between the provisions of a presidential decree and a law, the provisions of the law shall prevail. If the Grand National Assembly of Türkiye enacts a law on the same matter, the presidential decree shall become null and void.

The President of the Republic may issue regulations to ensure the implementation of laws, provided that they are not contrary to such laws.

Decrees and regulations shall enter into force on the date of their publication in the Official Gazette, unless a later date is specified therein.

The President of the Republic shall also perform the duties of election and appointment and other duties, and exercise the powers, conferred by the Constitution and laws.

Amended: 21/1/2017, Law No. 6771, Art. 9

The opening of an investigation concerning the President of the Republic on the allegation that he or she has committed an offence may be requested by a motion submitted by an absolute majority of the total number of members of the Grand National Assembly of Türkiye. The Assembly shall consider the motion within one month at the latest and may decide to open an investigation by a secret ballot of three fifths of the total number of members.

If a decision is taken to open an investigation, the investigation shall be conducted by a commission of fifteen members, formed by drawing lots separately for each political party from among the candidates nominated by the political parties in the Assembly, numbering three times the number of members to which they are entitled on the commission in proportion to their strength. The commission shall submit its report stating the outcome of the investigation to the Speaker's Office of the Assembly within two months. If the investigation cannot be completed within this period, the commission shall be granted a new and definitive period of one month.

The report shall be distributed within ten days of its submission to the Speaker's Office, and shall be debated in the Plenary within ten days of its distribution. The Grand National Assembly of Türkiye may decide to refer the case to the Supreme Court (Yüce Divan) by a secret ballot of two thirds of the total number of members. The trial before the Supreme Court shall be completed within three months; if it cannot be completed within this period, an additional period of three months shall be granted for one time only, and the trial shall be definitively completed within this period.

The President of the Republic in respect of whom a decision to open an investigation has been taken shall not decide to hold elections.

The term of office of the President of the Republic who is convicted by the Supreme Court of an offence that disqualifies him or her from being elected shall terminate.

The provision of this Article shall also apply, after the termination of his or her term of office, to offences allegedly committed by the President of the Republic during his or her term of office.

Amended: 21/1/2017, Law No. 6771, Art. 10

The President of the Republic may, after being elected, appoint one or more Vice Presidents.

If the office of the President of the Republic falls vacant for any reason, a presidential election shall be held within forty-five days. Until the new President is elected, the Vice President shall act for the President of the Republic and exercise the powers of the President of the Republic. If one year or less remains until the general election, the election of the Grand National Assembly of Türkiye shall also be renewed together with the presidential election. If more than one year remains until the general election, the elected President of the Republic shall continue in office until the date of the election of the Grand National Assembly of Türkiye. For the President of the Republic who completes the remaining period, this period shall not count as a term. On the date on which the general elections of the Grand National Assembly of Türkiye are to be held, both elections shall be held together.

In cases of temporary absence of the President of the Republic from office on account of illness, travel abroad or similar reasons, the Vice President shall act for the President of the Republic and exercise the powers of the President of the Republic.

The Vice Presidents and ministers shall be appointed and dismissed by the President of the Republic from among those eligible to be elected as deputies. The Vice Presidents and ministers shall take an oath before the Grand National Assembly of Türkiye in the form set out in Article 81. If members of the Grand National Assembly of Türkiye are appointed as Vice President or minister, their membership shall terminate.

The Vice Presidents and ministers shall be accountable to the President of the Republic. The opening of an investigation concerning the Vice Presidents and ministers on the allegation that they have committed an offence related to their duties may be requested by a motion submitted by an absolute majority of the total number of members of the Grand National Assembly of Türkiye. The Assembly shall consider the motion within one month at the latest and may decide to open an investigation by a secret ballot of three fifths of the total number of members.

If a decision is taken to open an investigation, the investigation shall be conducted by a commission of fifteen members, formed by drawing lots separately for each political party from among the candidates nominated by the political parties in the Assembly, numbering three times the number of members to which they are entitled on the commission in proportion to their strength. The commission shall submit its report stating the outcome of the investigation to the Speaker's Office of the Assembly within two months. If the investigation cannot be completed within this period, the commission shall be granted a new and definitive period of one month.

The report shall be distributed within ten days of its submission to the Speaker's Office and shall be debated in the Plenary within ten days of its distribution. The Grand National Assembly of Türkiye may decide to refer the case to the Supreme Court (Yüce Divan) by a secret ballot of two thirds of the total number of members. The trial before the Supreme Court shall be completed within three months; if it cannot be completed within this period, an additional period of three months shall be granted for one time only, and the trial shall be definitively completed within this period.

The provisions of the fifth, sixth and seventh paragraphs shall also apply, after the termination of their term of office, with respect to offences allegedly committed by these persons in relation to their duties during their term of office.

The term of office of a Vice President or minister who is convicted by the Supreme Court of an offence that disqualifies him or her from being elected shall terminate.

The Vice Presidents and ministers shall benefit from the provisions on legislative immunity with respect to offences not related to their duties.

The establishment and abolition of ministries, their duties and powers, their organisational structure and the establishment of their central and provincial organisations shall be regulated by presidential decree.

Repealed: 21/1/2017, Law No. 6771, Art. 16

The State Supervisory Council, which is established under the Presidency of the Republic with the purpose of ensuring the lawfulness, the regular and efficient functioning and the improvement of the administration, shall, upon the request of the President of the Republic, conduct all kinds of administrative investigations, inquiries, research and inspections in all public institutions and organisations, in all kinds of organisations in which such public institutions and organisations hold more than half of the capital, in professional organisations having the status of public institutions, in employees' and employers' professional organisations at all levels, and in public benefit associations and foundations.

(…) judicial organs are outside the jurisdiction of the State Supervisory Council.

The Chairperson and members of the State Supervisory Council shall be appointed by the President of the Republic.

The functioning of the State Supervisory Council, the term of office of its members and other personnel matters shall be regulated by presidential decree.

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

Amended: 21/1/2017, Law No. 6771, Art. 11

The Grand National Assembly of Türkiye may decide to renew the elections by a three-fifths majority of the total number of members. In this case, the general election of the Grand National Assembly of Türkiye and the presidential election shall be held together.

If the President of the Republic decides to renew the elections, the general election of the Grand National Assembly of Türkiye and the presidential election shall be held together.

If the Assembly decides to renew the elections during the second term of the President of the Republic, the President of the Republic may stand as a candidate once more.

The powers and duties of the Assembly and of the President of the Republic whose elections are decided to be renewed together shall continue until the new Assembly and the new President of the Republic take office.

The terms of office of the Assembly and of the President of the Republic elected in this manner shall also be five years.

The Office of Commander-in-Chief is inseparable from the spiritual existence of the Grand National Assembly of Türkiye and is represented by the President of the Republic.

The President of the Republic shall be accountable to the Grand National Assembly of Türkiye for national security and for the preparation of the Armed Forces for the defence of the country.

The Chief of the General Staff, appointed by the President of the Republic, is the commander of the Armed Forces, and, in time of war, exercises the duties of Commander-in-Chief on behalf of the President of the Republic.

Repealed fourth paragraph: 21/1/2017, Law No. 6771, Art. 16

Repealed fifth paragraph: 21/1/2017, Law No. 6771, Art. 16

Amended first paragraph: 3/10/2001, Law No. 4709, Art. 32 The National Security Council shall be composed, under the chairmanship of the President of the Republic, of the Vice Presidents, the Ministers of Justice, National Defence, Interior and Foreign Affairs, the Chief of the General Staff, and the commanders of the Land, Naval and Air Forces.

Depending on the particulars of the agenda, the ministers and persons concerned may be invited to meetings of the Council and their views may be heard.

Amended first sentence: 3/10/2001, Law No. 4709, Art. 32 The National Security Council shall submit to the President of the Republic its views on the advisory decisions taken with regard to the formulation, establishment and implementation of the national security policy of the State and on ensuring the necessary coordination. The decisions of the Council concerning the measures that it deems necessary for the preservation of the existence and independence of the State, the integrity and indivisibility of the country, and the peace and security of society shall be evaluated by the President of the Republic.

The agenda of the National Security Council shall be drawn up by the President of the Republic, taking into account the proposals of the Vice Presidents and the Chief of the General Staff.

In the absence of the President of the Republic, the National Security Council shall meet under the chairmanship of a Vice President.

The organisation and duties of the General Secretariat of the National Security Council shall be regulated by Presidential decree.

III. Administration of a state of emergency

(…)

(…)

Amended: 21/1/2017, Law No. 6771, Art. 12

The President of the Republic may declare a state of emergency, for a period not exceeding six months, in the whole of the country or in a region thereof, in the event of war, the emergence of a situation necessitating war, mobilisation, insurrection, a strong and effective attempt against the motherland or the Republic, the spread of acts of violence endangering the indivisibility of the country and the nation from within or without, the emergence of widespread acts of violence aimed at destroying the constitutional order or fundamental rights and freedoms, serious disturbance of public order due to acts of violence, or the occurrence of a natural disaster, a dangerous epidemic disease or a severe economic crisis.

The decision declaring a state of emergency shall be published in the Official Gazette on the day it is taken and shall be submitted for the approval of the Grand National Assembly of Türkiye on the same day.

If the Grand National Assembly of Türkiye is in recess, it shall be summoned immediately; the Assembly may, where it deems necessary, shorten or extend the duration of the state of emergency or lift the state of emergency.

Upon the request of the President of the Republic, the Grand National Assembly of Türkiye may extend the period each time for a period not exceeding four months. In cases of war, this four-month limit shall not apply.

The financial, material and labour obligations to be imposed on citizens in states of emergency, and the manner in which fundamental rights and freedoms shall be restricted or temporarily suspended in line with the principles set out in Article 15, which provisions shall be applied and how the procedures shall be carried out, shall be regulated by law.

During a state of emergency, the President of the Republic may issue Presidential decrees on matters necessitated by the state of emergency, without being subject to the limitations set out in the second sentence of paragraph 17 of Article 104. These decrees having the force of law shall be published in the Official Gazette and submitted for the approval of the Assembly on the same day.

Except where the Grand National Assembly of Türkiye is unable to convene due to war or force majeure, Presidential decrees issued during a state of emergency shall be debated and decided upon by the Grand National Assembly of Türkiye within three months. Otherwise, a Presidential decree issued during a state of emergency shall automatically cease to have effect.

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

The administration forms a whole with respect to its structure and functions, and shall be regulated by law.

The organisation and functions of the administration are based on the principles of centralisation and local administration.

Public legal persons shall be established only by law or by Presidential decree.

The President of the Republic, the ministries and public legal persons may issue regulations in order to ensure the implementation of laws and Presidential decrees relating to their own fields of competence, provided that such regulations are not contrary to them.

The law shall designate which regulations are to be published in the Official Gazette.

Recourse to judicial review shall be open against all actions and acts of the administration. Added provision: 13/8/1999, Law No. 4446, Art. 2 In concessions, conditions and contracts concerning public services, it may be stipulated that disputes arising therefrom shall be resolved through national or international arbitration. Only disputes involving a foreign element may be submitted to international arbitration.

(…) Added sentence: 7/5/2010, Law No. 5982, Art. 11 (…) Recourse to judicial review shall be open against the promotion procedures of the Supreme Military Council and against all kinds of decisions on discharge, except retirement due to lack of tenure.

In actions brought against administrative acts, the time limit shall begin from the date of written notification.

Amended first sentence: 7/5/2010, Law No. 5982, Art. 11 Judicial power is limited to the review of the legality of administrative actions and acts, and may in no case be exercised as a review of expediency. No judicial ruling shall be passed which restricts the exercise of the executive function in accordance with the forms and principles prescribed by law, which has the quality of an administrative action or act, or which removes discretionary powers.

If the implementation of an administrative act would result in damages that are difficult or impossible to compensate, and the act is at the same time clearly unlawful, a stay of execution may be decided, stating the reasons therefor.

The law may restrict the issuing of stay of execution orders in states of emergency, (…) mobilisation and states of war, and also for reasons of national security, public order and public health.

The administration shall be liable to compensate for damages resulting from its actions and acts.

In terms of central administrative structure, Türkiye is divided into provinces on the basis of geographical situation, economic conditions and the requirements of public services; provinces are further divided into lower administrative districts.

The administration of the provinces is based on the principle of devolution of powers.

Central administrative organisations comprising several provinces may be established to ensure efficiency and coordination in the performance of public services. The functions and powers of these organisations shall be regulated by law.

Local administrations are public legal persons established to meet the common local needs of the inhabitants of provinces, municipalities or villages, whose principles of constitution are determined by law, and whose decision-making organs are elected by the electorate as described in law.

The organisation, functions and powers of local administrations shall be regulated by law in accordance with the principle of local administration.

Amended paragraph: 23/7/1995, Law No. 4121, Art. 12 Elections for local administrations shall be held every five years in accordance with the principles set forth in Article 67. Second sentence repealed: 21/1/2017, Law No. 6771, Art. 16 The law may provide special forms of administration for larger urban centres.

The procedures dealing with objections to the acquisition by elected organs of local administrations of their status as an organ, and their loss of such status, shall be resolved by the judiciary. However, as a provisional measure, the Minister of Interior may remove from office those organs of local administration or their members against whom an investigation or prosecution has been initiated on grounds of offences related to their duties, pending a final judgment.

The central administration has the power of administrative tutelage over local administrations within the framework of the principles and procedures set forth by law, with the objective of ensuring the functioning of local services in conformity with the principle of the integrity of the administration, securing uniform public service, safeguarding the public interest and meeting local needs properly.

The formation by local administrations of unions among themselves, with the permission of the President of the Republic, for the purpose of performing specific public services, and the functions, powers, financial and law enforcement affairs of such unions, and their reciprocal ties and relations with the central administration, shall be regulated by law. These administrations shall be allocated financial resources in proportion to their functions.

The fundamental and permanent functions required by the public services that the State, State economic enterprises and other public legal persons are assigned to perform in accordance with the principles of general administration shall be carried out by public servants and other public employees.

The qualifications of public servants and other public employees, procedures governing their appointments, duties and powers, their rights and obligations, salaries and allowances, and other matters related to their status shall be regulated by law. Added sentence: 7/5/2010, Law No. 5982, Art. 12 However, the provisions of collective agreements concerning financial and social rights are reserved.

The procedure and principles governing the training of senior administrators shall be specially regulated by law.

Public servants and other public employees are obliged to carry out their duties with loyalty to the Constitution and the laws.

No disciplinary penalty shall be imposed on public servants, other public employees, and members of professional organisations having the characteristics of public institutions or their higher bodies, without their right of defence being granted.

Amended third paragraph: 7/5/2010, Law No. 5982, Art. 13 Disciplinary decisions shall not be exempted from judicial review.

The provisions concerning the members of the Armed Forces, judges and prosecutors are reserved.

Actions for damages arising from faults committed by public servants and other public employees in the exercise of their powers shall be brought only against the administration, in accordance with the procedure and conditions prescribed by law, subject to recourse against them.

Institution of criminal proceedings against public servants and other public employees for offences they are alleged to have committed shall be subject, except in cases exempted by law, to the permission of the administrative authority designated by law.

For the purpose of training manpower in line with the needs of the nation and the country under a system of contemporary education and training principles, universities comprising several units, having public legal personality and scientific autonomy, shall be established by the State by law, to carry out education and training at various levels based on secondary education, to conduct scientific research, publication and consultancy, and to serve the country and humanity.

Institutions of higher education, under the supervision and control of the State, may be established by foundations in accordance with the procedures and principles set forth by law, provided that they do not pursue profit.

The law shall provide for a balanced geographical distribution of universities throughout the country.

Universities, members of the teaching staff and their assistants may freely engage in all kinds of scientific research and publication. However, this power shall not include the liberty to engage in activities against the existence and independence of the State and the integrity and indivisibility of the nation and the country.

Universities and units attached to them are under the supervision and control of the State, and their security services shall be provided by the State.

In accordance with the procedures and principles prescribed by law, rectors shall be selected and appointed by the President of the Republic, and deans by the Council of Higher Education.

The administrative and supervisory organs of universities and the teaching staff shall not for any reason whatsoever be removed from their duties by authorities other than the Council of Higher Education or the competent organs of the universities.

The budgets drawn up by universities shall, after being examined and approved by the Council of Higher Education, be submitted to the Ministry of National Education, and shall be put into effect and audited after being processed in conformity with the principles applicable to the central government budget.

The establishment and organs of institutions of higher education, their functioning and the election of such organs, their duties, powers and responsibilities, the procedures for the exercise by the State of its right of supervision and control over universities, the duties, titles, appointment, promotion and retirement of the teaching staff, the training of teaching staff, the relations of universities and teaching staff with public institutions and other organisations, the levels and duration of education, admission to higher education, attendance and fees to be charged, principles relating to the assistance to be provided by the State, disciplinary and penal matters, financial affairs, personnel rights, the conditions to be observed by the teaching staff, the assignment of teaching staff in accordance with inter-university needs, the conduct of education and training in freedom and with guarantees and in accordance with the requirements of contemporary science and technology, and the use of financial resources provided by the State to the Council of Higher Education and to universities shall be regulated by law.

Institutions of higher education established by foundations shall be subject to the provisions set forth in the Constitution for institutions of higher education established by the State, with regard to academic activities, recruitment of teaching staff and security, except for financial and administrative matters.

The Council of Higher Education shall be established for the purpose of planning, organising, administering and supervising the education provided by institutions of higher education, orienting the activities of teaching, education and scientific research in such institutions, ensuring the establishment and development of these institutions in conformity with the objectives and principles set forth by law, ensuring the effective use of the resources allocated to universities, and planning the training of the teaching staff.

Amended second paragraph: 7/5/2004, Law No. 5170, Art. 8 The Council of Higher Education shall be composed of members appointed by the President of the Republic from among candidates who are elected by the universities, and whose number, qualifications and method of election are prescribed by law, priority being given to professors who have served successfully as rectors and members of the teaching staff, and of members directly selected by the President of the Republic.

The organisation, functions, powers, responsibilities and operating principles of the Council shall be regulated by law.

Institutions of higher education attached to the Turkish Armed Forces and to the security organisation shall be subject to the provisions of their respective special laws.

Amended: 8/7/1993, Law No. 3913, Art. 1

The establishment and operation of radio and television stations shall be free within the framework of conditions to be regulated by law.

Added paragraph: 21/6/2005, Law No. 5370, Art. 1 The Radio and Television Supreme Council, established for the purpose of regulating and supervising radio and television activities, shall be composed of nine members. The members shall be elected by the Plenary of the Grand National Assembly of Türkiye from among candidates nominated by the political party groups, each in a number twice the number of members to be determined in proportion to the number of their members, on the basis of the number of members falling to each political party group. The establishment, functions and powers of the Radio and Television Supreme Council, the qualifications of its members, election procedures and terms of office shall be regulated by law.

The autonomy of the sole radio and television institution established by the State as a public legal person, and of news agencies receiving aid from public legal persons, and the impartiality of their broadcasts, are fundamental.

The "Atatürk High Institution of Culture, Language and History" shall be established as a public legal person, under the spiritual aegis of Atatürk, under the supervision of and with the support of the President of the Republic, attached to the minister to be designated by the President of the Republic, and composed of the Atatürk Research Centre, the Turkish Language Society, the Turkish Historical Society and the Atatürk Cultural Centre, in order to conduct scientific research, to produce publications and to disseminate information on the thought, principles and reforms of Atatürk, Turkish culture, Turkish history and the Turkish language.

The financial interests of the Turkish Language Society and the Turkish Historical Society set out in Atatürk's will are reserved and shall be allocated to them.

The establishment, organs, operating procedures and personnel matters of the Atatürk High Institution of Culture, Language and History, and its authority over the institutions within it, shall be regulated by law.

Professional organisations having the characteristics of public institutions and their higher bodies are public legal persons established by law, with the objectives of meeting the common needs of the members of a given profession, facilitating their professional activities, ensuring the development of the profession in keeping with the common interest, and safeguarding professional discipline and ethics in order to ensure integrity and trust in relations among its members and with the public; their organs shall be elected by secret ballot by their members in accordance with the procedure set forth by law, and under judicial supervision.

Persons employed in fundamental and permanent functions in public institutions and organisations and in State economic enterprises shall not be required to become members of professional organisations.

Amended paragraph: 23/7/1995, Law No. 4121, Art. 13 These professional organisations shall not engage in activities outside the objectives for which they were established.

Amended paragraph: 23/7/1995, Law No. 4121, Art. 13 Political parties shall not nominate candidates in the elections of the organs of these professional organisations or their higher bodies.

Amended paragraph: 23/7/1995, Law No. 4121, Art. 13 The rules concerning the administrative and financial supervision of the State over these professional organisations shall be prescribed by law.

Amended paragraph: 23/7/1995, Law No. 4121, Art. 13 The responsible organs of professional organisations which engage in activities outside their objectives shall be dissolved by a court decision upon the request of the authority designated by law or of the public prosecutor, and new organs shall be elected in their place.

Amended paragraph: 23/7/1995, Law No. 4121, Art. 13 However, where delay is prejudicial in cases required by national security, public order, the prevention of the commission or continuation of an offence, or apprehension, an authority may be empowered by law to suspend the activities of professional organisations or their higher bodies. The decision of this authority shall be submitted to the approval of the competent judge within twenty-four hours. The judge shall announce his or her decision within forty-eight hours; otherwise, this administrative decision shall automatically cease to have effect.

The Presidency of Religious Affairs, which is within the general administration, shall exercise its duties prescribed in its particular law, in accordance with the principle of secularism, removed from all political views and ideas, and aiming at national solidarity and integrity.

A person employed in public services, in whatever position or status, who finds an order given by his or her superior to be contrary to the provisions of a regulation, Presidential decree, law or the Constitution, shall not carry it out and shall inform the person giving the order of this inconsistency. However, if the superior insists on the order and renews it in writing, the order shall be executed; in this case, the person executing the order shall not be held responsible.

An order which in itself constitutes an offence shall under no circumstances be executed; the person who executes such an order shall not escape responsibility.

Exceptions designated by law relating to the execution of military duties and the protection of public order or public security in urgent situations are reserved.

Judges shall be independent in the discharge of their duties; they shall give judgment in accordance with the Constitution, law and justice, and their personal conviction.

No organ, authority, office or individual may give orders or instructions to courts or judges relating to the exercise of judicial power, send them circulars, or make recommendations or suggestions.

No questions shall be asked, debates held, or statements made in the Legislative Assembly relating to the exercise of judicial power concerning a case under trial.

Legislative and executive organs and the administration shall comply with court decisions; these organs and the administration shall neither alter them in any respect, nor delay their execution.

Judges and prosecutors shall not be dismissed, or retired before the age prescribed by the Constitution unless they so request; nor shall they be deprived of their salaries, allowances or other rights relating to their status, even as a result of the abolition of a court or post.

Exceptions laid down in law relating to those convicted of an offence requiring dismissal from the profession, those who are definitely established as unable to perform their duties on account of ill health, and those determined as unsuitable to remain in the profession are reserved.

Judges and public prosecutors shall serve as judges and public prosecutors of the ordinary (judicial) and administrative courts. These duties shall be carried out by professional judges and public prosecutors.

Judges shall discharge their duties in accordance with the principles of the independence of the courts and the security of tenure of judges.

The qualifications, appointment, rights and duties, salaries and allowances of judges and public prosecutors, their promotion, temporary or permanent change in their duties or posts, the initiation of disciplinary proceedings against them and the imposition of disciplinary penalties, the conduct of investigations concerning them and decisions to prosecute them for offences committed in connection with or in the course of their duties, the cases of conviction or incompetence requiring their dismissal from the profession, their in-service training and other matters relating to their personnel status shall be regulated by law in accordance with the principles of the independence of the courts and the security of tenure of judges.

Judges and public prosecutors shall serve until they complete the age of sixty-five; the age limit, promotion and retirement of military judges shall be prescribed by law.

Judges and public prosecutors shall not assume any official or private duties other than those prescribed by law.

Judges and public prosecutors shall be attached to the Ministry of Justice in so far as their administrative functions are concerned.

Those judges and public prosecutors working in administrative posts of the justice service shall be subject to the same provisions as other judges and public prosecutors. Their categories and grades shall be determined according to the principles applying to judges and public prosecutors, and they shall enjoy all the rights accorded to judges and public prosecutors.

Court hearings shall be open to everyone. It may be decided that all or part of the hearings be held in closed session only in cases where absolutely necessary for reasons of public morality or public security.

Special provisions for the trial of minors shall be laid down by law.

All decisions of all courts shall be made in writing with a statement of reasons.

It is the duty of the judiciary to conclude trials at the minimum cost and as quickly as possible.

The organisation, duties and jurisdiction, functioning and trial procedures of the courts shall be regulated by law.

Added paragraph: 21/1/2017, Law No. 6771, Art. 13 No military courts may be established other than disciplinary courts. However, in a state of war, military courts may be established with jurisdiction to try cases concerning offences committed by military personnel in connection with their duties.

Repealed: 7/5/2004, Law No. 5170, Art. 9

Amended: 7/5/2010, Law No. 5982, Art. 14

The supervision by the Ministry of Justice of the justice services and of public prosecutors with respect to their administrative functions shall be carried out by justice inspectors and by internal auditors from the profession of judges and public prosecutors; research, examination and investigation procedures, however, shall be carried out by justice inspectors. The procedures and principles relating thereto shall be regulated by law.

Repealed: 21/1/2017, Law No. 6771, Art. 16

Amended: 7/5/2010, Law No. 5982, Art. 16

The Constitutional Court shall be composed of fifteen members.

The Grand National Assembly of Türkiye shall elect, by secret ballot, two members from among three candidates to be nominated for each vacant seat by the General Assembly of the Court of Accounts from among its own president and members, and one member from among three candidates to be nominated by the heads of the bar associations from among self-employed lawyers. In this election to be held in the Grand National Assembly of Türkiye, for each vacant seat, a two-thirds majority of the total number of members shall be required in the first ballot, and an absolute majority of the total number of members shall be required in the second ballot. If an absolute majority cannot be obtained in the second ballot, a third ballot shall be held between the two candidates who have received the greatest number of votes in the second ballot; the candidate who receives the greatest number of votes in the third ballot shall be deemed elected.

The President of the Republic shall select three members from the Court of Cassation and two members from the Council of State (…) from among three candidates to be nominated for each vacant seat by their respective general assemblies from among their presidents and members; three members, at least two of whom shall be jurists, from among three candidates to be nominated for each seat by the Council of Higher Education from among teaching staff serving in the fields of law, economics and political sciences in higher education institutions who are not members of the Council; and four members from among high-level executives, self-employed lawyers, first-category judges and public prosecutors, and rapporteurs of the Constitutional Court who have served as rapporteurs for at least five years.

In the elections to be held in the general assemblies of the Court of Cassation, the Council of State (…) and the Court of Accounts, and in the Council of Higher Education, for nominating candidates for membership of the Constitutional Court, for each vacant seat, the three persons who receive the greatest number of votes (…) shall be deemed nominated. In the election to be held for the three candidates to be nominated by the heads of the bar associations from among self-employed lawyers, the three persons who receive the greatest number of votes (…) shall be deemed nominated.

To qualify for election as members of the Constitutional Court, provided that they have completed the age of forty-five: members of the teaching staff of higher education institutions shall have acquired the title of professor or associate professor; lawyers shall have actually practised as lawyers for at least twenty years; high-level executives shall have completed higher education and have actually worked in the public service for at least twenty years; and first-category judges and public prosecutors shall have served for at least twenty years, including their period of candidacy.

The Constitutional Court shall elect from among its members, by secret ballot and by an absolute majority of the total number of members, a President and two Deputy Presidents for a term of four years. Those whose terms expire may be re-elected.

The members of the Constitutional Court shall not assume any official or private duties other than their principal functions.

Amended paragraph 1: 7/5/2010, Law No. 5982, Art. 17 The members of the Constitutional Court shall be elected for a term of twelve years. A person may not be elected as a member of the Constitutional Court twice. The members of the Constitutional Court shall retire when they reach the age of sixty-five. The employment in another post and the personnel matters of members whose term of office expires before the compulsory retirement age shall be regulated by law.

Membership of the Constitutional Court shall terminate automatically if a member is convicted of an offence requiring dismissal from the judicial profession; and it shall terminate by a decision of an absolute majority of the total number of members of the Constitutional Court if it is definitely established that the member is unable to perform his or her duties on account of ill health.

The Constitutional Court shall examine the constitutionality, in respect of both form and substance, of laws, Presidential decrees and the Rules of Procedure of the Grand National Assembly of Türkiye, and decide on individual applications. Constitutional amendments shall be examined and verified only with regard to their form. However, no action may be brought before the Constitutional Court alleging the unconstitutionality, as to form or substance, of Presidential decrees issued during a state of emergency (…) or in time of war.

The verification of laws as to form shall be restricted to consideration of whether the requisite majority was obtained in the last ballot; the verification of constitutional amendments shall be restricted to consideration of whether the requisite majorities were obtained for the proposal and in the ballot, and whether the prohibition on debate under expedited procedure was observed. Verification as to form may be requested by the President of the Republic or by one-fifth of the members of the Grand National Assembly of Türkiye. Actions for annulment on the grounds of defect in form shall not be brought after ten days have elapsed from the date of promulgation of the law; nor may such defect be raised by way of objection (plea).

Added paragraph: 7/5/2010, Law No. 5982, Art. 18 Everyone may apply to the Constitutional Court on the grounds that any one of the fundamental rights and freedoms guaranteed by the Constitution which fall within the scope of the European Convention on Human Rights has been violated by public authorities. In order to make an application, ordinary legal remedies must have been exhausted.

Added paragraph: 7/5/2010, Law No. 5982, Art. 18 In an individual application, no examination shall be made on matters which are required to be taken into account in the process of legal remedies.

Added paragraph: 7/5/2010, Law No. 5982, Art. 18 The procedures and principles concerning individual applications shall be regulated by law.

The Constitutional Court, in its capacity as the Supreme Criminal Tribunal (Yüce Divan), shall try, for offences relating to their functions, the President of the Republic, the Speaker of the Grand National Assembly of Türkiye, the Vice-Presidents of the Republic, the ministers, the presidents and members of the Constitutional Court, the Court of Cassation, the Council of State (…), their Chief Public Prosecutors and the Deputy Chief Public Prosecutor of the Republic, and the presidents and members of the Council of Judges and Public Prosecutors (…) and of the Court of Accounts.

Added paragraph: 7/5/2010, Law No. 5982, Art. 18 The Chief of the General Staff and the Commanders of the Land, Naval and Air Forces (…) shall also be tried before the Supreme Criminal Tribunal for offences relating to their functions.

The Chief Public Prosecutor of the Republic or the Deputy Chief Public Prosecutor of the Republic shall act as public prosecutor in the Supreme Criminal Tribunal.

Amended paragraph 5: 7/5/2010, Law No. 5982, Art. 18 An application for re-examination may be made against the decisions of the Supreme Criminal Tribunal. Decisions rendered by the Plenary upon re-examination shall be final.

The Constitutional Court shall also perform the other duties assigned to it by the Constitution.

Amended: 7/5/2010, Law No. 5982, Art. 19

The Constitutional Court shall function as two sections and as the Plenary. The sections shall convene under the chairmanship of a Deputy President with the participation of four members. The Plenary shall convene under the chairmanship of the President of the Court, or of the Deputy President to be designated by the President, with at least ten members. The sections and the Plenary shall take decisions by absolute majority. Commissions may be set up for the examination of the admissibility of individual applications.

Cases and applications relating to political parties, actions for annulment and objection (contention of unconstitutionality), and trials to be conducted in the capacity of the Supreme Criminal Tribunal shall be heard by the Plenary, while individual applications shall be decided by the sections.

A two-thirds majority of the members attending the meeting shall be required for a decision of annulment of a constitutional amendment, or for a decision to dissolve a political party or to deprive it of State aid.

Actions for annulment based on a defect in form shall be examined and decided by the Constitutional Court with priority.

The establishment of the Constitutional Court, the trial procedures of the Plenary and the sections, and disciplinary matters relating to the President, the Deputy Presidents and the members shall be regulated by law; the working principles of the Court and the formation of and division of work among the sections and commissions shall be regulated by the Rules of Procedure to be made by the Court itself.

The Constitutional Court shall examine cases on the basis of the file, except where it acts as the Supreme Criminal Tribunal. However, it may decide to hold a hearing in individual applications. When it deems necessary, the Court may also call on those concerned and those having knowledge relevant to the case to present oral explanations, and in cases concerning the dissolution of a political party, it shall hear the defence of the chairperson of the party whose dissolution is requested, or of an attorney designated by the chairperson, after the Chief Public Prosecutor of the Republic at the Court of Cassation.

The President of the Republic, the parliamentary groups of the two political parties having the greatest number of members in the Grand National Assembly of Türkiye, and members constituting at least one-fifth of the total number of members shall have the right to apply directly to the Constitutional Court for an action for annulment, alleging the unconstitutionality, as to form and substance, of laws, Presidential decrees, the Rules of Procedure of the Grand National Assembly of Türkiye, or specific articles or provisions thereof. Repealed last sentence: 21/1/2017, Law No. 6771, Art. 16

The right to apply directly to the Constitutional Court for an action for annulment shall lapse sixty days after the date of publication in the Official Gazette of the contested law, Presidential decree or Rules of Procedure.

If a court hearing a case finds that the provisions of a law or Presidential decree to be applied are unconstitutional, or if it is convinced of the seriousness of a claim of unconstitutionality submitted by one of the parties, it shall postpone the consideration of the case until the Constitutional Court decides on the issue.

If the court is not convinced of the seriousness of the claim of unconstitutionality, such claim together with the main judgment shall be decided upon by the competent authority of appeal.

The Constitutional Court shall decide on the matter and make public its judgment within five months of receiving the application. If no decision is reached within this period, the court shall conclude the case under the existing legal provisions. However, if the decision of the Constitutional Court is received before the judgment on the merits becomes final, the court shall comply with it.

No allegation of unconstitutionality shall be made with regard to the same legal provision until ten years have elapsed after the publication in the Official Gazette of the decision of the Constitutional Court dismissing the application on its merits.

The decisions of the Constitutional Court are final. Decisions of annulment shall not be made public without a written statement of reasons.

In the course of annulling the whole or a provision of a law or Presidential decree, the Constitutional Court shall not act as a lawmaker and pass judgment leading to new implementation.

Laws, Presidential decrees or the Rules of Procedure of the Grand National Assembly of Türkiye, or provisions thereof, shall cease to have effect from the date of publication in the Official Gazette of the annulment decision. Where necessary, the Constitutional Court may also decide on the date on which the annulment decision shall come into effect. That date shall not be more than one year from the date of publication of the decision in the Official Gazette.

In the event of the postponement of the date on which an annulment decision is to come into effect, the Grand National Assembly of Türkiye shall debate and decide with priority on the bill (…) designed to fill the legal void arising from the annulment decision.

Annulment decisions shall not have retroactive effect.

Decisions of the Constitutional Court shall be published immediately in the Official Gazette, and shall be binding on the legislative, executive and judicial organs, on the administrative authorities, and on natural and legal persons.

The Court of Cassation is the last instance for reviewing decisions and judgments given by ordinary (judicial) courts and which are not referred by law to other judicial authorities. It shall also be the first and last instance for dealing with specific cases prescribed by law.

Members of the Court of Cassation shall be elected by the Council of Judges and Public Prosecutors (…) from among first-category judges and public prosecutors of the ordinary (judicial) courts, or those considered to be members of this profession, by secret ballot and by an absolute majority of the total number of members.

The First President, first deputy presidents and heads of chambers shall be elected by the Plenary Assembly of the Court of Cassation from among its own members, for a term of four years, by secret ballot and by an absolute majority of the total number of members; they may be re-elected at the end of their term of office.

The Chief Public Prosecutor of the Republic and the Deputy Chief Public Prosecutor of the Republic at the Court of Cassation shall be selected by the President of the Republic for a term of four years from among five candidates for each office, nominated by the Plenary Assembly of the Court of Cassation from among its own members by secret ballot. Those whose terms expire may be re-elected.

The organisation, the functioning, the qualifications and procedures of election of the President, the deputy presidents, the heads of chambers and the members, and of the Chief Public Prosecutor of the Republic and the Deputy Chief Public Prosecutor of the Republic, of the Court of Cassation shall be regulated by law in accordance with the principles of the independence of the courts and the security of tenure of judges.

The Council of State is the last instance for reviewing decisions and judgments given by administrative courts and which are not referred by law to other administrative courts. It shall also be the first and last instance for dealing with specific cases prescribed by law.

Amended paragraph 2: 13/8/1999, Law No. 4446, Art. 3 The Council of State shall try cases, (…) give its opinions within two months on the terms and conditions and contracts of concessions relating to public services, (…) resolve administrative disputes, and discharge other duties as prescribed by law.

Three-fourths of the members of the Council of State shall be elected by the Council of Judges and Public Prosecutors (…) from among first-category administrative judges and public prosecutors, or those considered to be members of this profession; and one-fourth of the members shall be selected by the President of the Republic from among officials meeting the requirements prescribed by law.

The President, the Chief Public Prosecutor, the deputy presidents and the heads of chambers of the Council of State shall be elected by the Plenary Assembly of the Council of State from among its own members for a term of four years by secret ballot and by an absolute majority of the total number of members. Those whose terms expire may be re-elected.

The organisation, the functioning, the qualifications and procedures of election of the President, the Chief Public Prosecutor, the deputy presidents, the heads of chambers and the members of the Council of State shall be regulated by law in accordance with the special nature of the administrative jurisdiction, and with the principles of the independence of the courts and the security of tenure of judges.

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

The Court of Jurisdictional Disputes shall be empowered to deliver final judgments in disputes between ordinary (judicial) and administrative courts concerning their jurisdiction and decisions.

The organisation of the Court of Jurisdictional Disputes, the qualifications and election of its members, and its functioning shall be regulated by law. The office of President of this Court shall be held by a member delegated by the Constitutional Court from among its own members.

In jurisdictional disputes between the Constitutional Court and other courts, the decision of the Constitutional Court shall prevail.

Amended: 7/5/2010, Law No. 5982, Art. 22

The Council of Judges and Prosecutors (…) shall be established and shall exercise its duties in accordance with the principles of the independence of the courts and the security of tenure of judges.

Amended paragraph: 21/1/2017, Law No. 6771, Art. 14 The Council of Judges and Prosecutors shall be composed of thirteen members and shall work in two chambers.

Amended paragraph: 21/1/2017, Law No. 6771, Art. 14 The President of the Council is the Minister of Justice. The Undersecretary of the Ministry of Justice is an ex officio member of the Council. Three members of the Council shall be elected by the President of the Republic from among first-class judges and prosecutors of the ordinary judiciary who have not lost the qualifications required for classification in the first class, and one member from among first-class judges and prosecutors of the administrative judiciary who have not lost the qualifications required for classification in the first class; three members shall be elected by the Grand National Assembly of Türkiye from among the members of the Court of Cassation, one member from among the members of the Council of State, and three members from among faculty members serving in the fields of law at higher education institutions and lawyers, whose qualifications are specified by law. Of the members elected from among faculty members and lawyers, at least one must be a faculty member and at least one must be a lawyer. Applications for the memberships of the Council to be elected by the Grand National Assembly of Türkiye shall be made to the Office of the Speaker of the Assembly. The Office of the Speaker shall send the applications to the Joint Committee composed of the members of the Constitution and Justice Committees. The Committee shall determine three candidates for each membership by a two-thirds majority of the total number of its members. If the determination of candidates cannot be concluded in the first ballot, a three-fifths majority of the total number of members shall be required in the second ballot. If candidates cannot be determined in this ballot either, the determination of candidates shall be completed by drawing lots between the two candidates who have received the most votes for each membership. The Grand National Assembly of Türkiye shall elect, by secret ballot held separately for each member, from among the candidates determined by the Committee. In the first ballot, a two-thirds majority of the total number of members shall be required; if the election cannot be concluded in this ballot, a three-fifths majority of the total number of members shall be required in the second ballot. If a member cannot be elected in the second ballot either, the election of the member shall be completed by drawing lots between the two candidates who have received the most votes.

Amended paragraph: 21/1/2017, Law No. 6771, Art. 14 Members shall be elected for four years. Members whose terms have expired may be re-elected once.

Amended paragraph: 21/1/2017, Law No. 6771, Art. 14 The election of members of the Council shall be held within the thirty days preceding the expiry of the members' term of office. In the event that a membership of the Council becomes vacant before the expiry of the term of office of the elected members, the election of new members shall be held within thirty days following the vacancy.

Members (…) of the Council other than the Minister of Justice and the Undersecretary of the Ministry of Justice may not, for the duration of their term of office, assume any other duty except those specified by law, nor may they be appointed or elected to any other duty by the Council.

The management and representation of the Council belong to the President of the Council. The President of the Council may not participate in the work of the chambers. The Council shall elect the heads of the chambers from among its own members, and one of the heads of chambers as deputy president. The President may delegate some of his or her powers to the deputy president.

The Council shall carry out the procedures relating to the admission into the profession of judges and prosecutors of the ordinary and administrative judiciary, their appointment and transfer, the granting of temporary authority, promotion and classification in the first class, the allocation of posts, decisions concerning those whose continuation in the profession is deemed inappropriate, the imposition of disciplinary penalties and removal from office; it shall decide on the proposals of the Ministry of Justice concerning the abolition of a court or the alteration of its territorial jurisdiction; furthermore, it shall perform the other duties assigned to it by the Constitution and laws.

Supervising whether judges and prosecutors perform their duties in accordance with laws and other legislation (for judges, administrative circulars); investigating whether they have committed offences in connection with or in the course of their duties, and whether their conduct and actions are in conformity with the requirements of their status and duties; and, where necessary, conducting inquiry and investigation procedures concerning them, shall be carried out by the Council inspectors upon the proposal of the relevant chamber and with the approval of the President of the Council of Judges and Prosecutors (…). Investigation and inquiry procedures may also be carried out by a judge or prosecutor who is more senior than the person to be investigated or inquired into.

No recourse to judicial authorities may be made against the decisions of the Council other than those relating to the penalty of dismissal from the profession.

A General Secretariat attached to the Council shall be established. The Secretary General shall be appointed by the President of the Council from among three candidates proposed by the Council from among first-class judges and prosecutors. The power to appoint, with their consent, the Council inspectors and the judges and prosecutors to be employed temporarily or permanently at the Council belongs to the Council.

The power to appoint, with their consent, judges and prosecutors to be employed temporarily or permanently in the central, affiliated and related organisations of the Ministry of Justice, as well as justice inspectors and internal auditors who are members of the profession of judge and prosecutor, belongs to the Minister of Justice.

The election of members of the Council, the formation of the chambers and the division of work among them, the duties of the Council and the chambers, the quorums for meetings and decisions, working procedures and principles, objections against the decisions and actions of the chambers and the procedure for their examination, and the establishment and duties of the General Secretariat shall be regulated by law.

The Court of Accounts shall be charged with auditing, on behalf of the Grand National Assembly of Türkiye, all revenues, expenditures and property of public administrations within the scope of the central government budget and of social security institutions, with finally adjudicating the accounts and transactions of the responsible officials, and with carrying out the examination, audit and adjudication tasks assigned to it by laws. Concerned parties may file a request for rectification of decision, only once, against the final judgments of the Court of Accounts within fifteen days from the date of written notification. No recourse to administrative judicial review may be made in respect of these decisions.

In disputes between decisions of the Council of State and of the Court of Accounts concerning taxes, similar financial obligations and duties, the decisions of the Council of State shall prevail.

Added third paragraph: 29/10/2005, Law No. 5428, Art. 2 The audit and final adjudication of the accounts and transactions of local administrations shall be carried out by the Court of Accounts.

The establishment, functioning and audit procedures of the Court of Accounts, the qualifications, appointment, duties and powers, rights and obligations and other personnel matters of its members, and the security of tenure of its President and members shall be regulated by law.

Repealed last paragraph: 7/5/2004, Law No. 5170, Art. 10

Amended: 21/1/2017, Law No. 6771, Art. 15

Expenditures of public administrations and of public legal persons other than state economic enterprises shall be made through annual budgets.

The beginning of the fiscal year, the preparation, implementation and control of the central government budget, and special periods and procedures for investments or for works and services that will last longer than one year shall be regulated by law. No provisions other than those relating to the budget may be included in the budget law.

The President of the Republic shall submit the budget law proposal to the Grand National Assembly of Türkiye at least seventy-five days before the beginning of the fiscal year. The budget proposal shall be debated in the Budget Committee. The text adopted by the Committee within fifty-five days shall be debated in the Plenary and decided upon before the beginning of the fiscal year.

If the budget law cannot be put into effect in time, a provisional budget law shall be enacted. If a provisional budget law cannot be enacted either, the budget of the previous year shall be applied, increased by the revaluation rate, until the new budget law is adopted.

Members of the Grand National Assembly of Türkiye shall express their views on the budgets of public administrations in the Plenary during the debate on each budget; they may not make proposals that increase expenditure or reduce revenue.

In the Plenary, the budgets of public administrations and motions for amendment shall be read and voted upon without separate debate.

The appropriation granted by the central government budget indicates the limit of the amount that may be spent. No provision may be included in the budget law to the effect that the amount that may be spent can be exceeded by Presidential decree.

In proposals for amendment providing for an increase in appropriations in the current year's budget, and in proposals that impose a financial burden on the budgets of the current and following years, it is mandatory to indicate the financial resources to cover the envisaged expenditures.

The central government final accounts law proposal shall be submitted to the Grand National Assembly of Türkiye by the President of the Republic no later than six months after the end of the fiscal year to which it relates. The Court of Accounts shall submit the general statement of conformity to the Assembly no later than seventy-five days from the submission of the final accounts law proposal to which it relates.

The submission of the final accounts law proposal and the general statement of conformity to the Grand National Assembly of Türkiye shall not prevent the audit and account adjudication for the relevant year that has not been concluded by the Court of Accounts, nor shall it mean that these have been decided upon.

The final accounts law proposal shall be debated and decided upon together with the budget law proposal for the new year.

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

Repealed: 21/1/2017, Law No. 6771, Art. 16

The principles governing the audit by the Grand National Assembly of Türkiye of public institutions and partnerships in which more than half of the capital belongs directly or indirectly to the State shall be regulated by law.

It is the duty of the State to plan economic, social and cultural development, in particular the rapid, balanced and harmonious development of industry and agriculture throughout the country, and the efficient use of the country's resources by making an inventory and evaluation of them, and to establish the necessary organisation for this purpose.

The plan shall provide for measures to increase national savings and production, to ensure stability in prices and balance in external payments, and to promote investment and employment; in investments, the benefits and requirements of the community shall be observed; the efficient use of resources shall be targeted. Development initiatives shall be carried out in accordance with this plan.

The procedures and principles regarding the preparation of development plans, their approval by the Grand National Assembly of Türkiye, their implementation and amendment, and the prevention of changes that would impair their integrity shall be regulated by law.

Added paragraph: 7/5/2010, Law No. 5982, Art. 23 An Economic and Social Council shall be established for the purpose of giving advisory opinions to the President of the Republic in the formulation of economic and social policies. The establishment and functioning of the Economic and Social Council shall be regulated by law.

The State shall take measures to ensure and promote the sound and orderly functioning of the money, credit, capital, goods and services markets; it shall prevent monopolisation and cartelisation in the markets, whether arising de facto or by agreement.

For the purpose of regulating foreign trade in the interest of the national economy, the President of the Republic may be empowered by law to impose additional financial obligations on imports, exports and other foreign trade transactions, other than taxes and similar obligations, and to lift them.

Natural wealth and resources are under the authority and disposal of the State. The right to explore and exploit them belongs to the State. The State may delegate this right to natural and legal persons for a specified period. The exploration and exploitation of any natural wealth and resource by the State in partnership with natural and legal persons, or directly by natural and legal persons, is subject to the express permission of law. In this case, the conditions to be observed by natural and legal persons, the procedures and principles of supervision and control to be exercised by the State, and the sanctions shall be set out in law.

The State shall enact the necessary laws and take the necessary measures for the protection of forests and the extension of forest areas. New forests shall be grown in place of burned forests; no other kind of agriculture or animal husbandry may be carried out in these places. The supervision of all forests belongs to the State.

Ownership of state forests may not be transferred. State forests shall be managed and exploited by the State in accordance with law. These forests may not be acquired by limitation (prescription), and may not be subject to easement rights except in the public interest.

No activity or act that may damage forests shall be permitted. No political propaganda leading to the destruction of forests may be carried out; no general or special amnesty may be enacted exclusively for forest offences. Offences committed with the intent of burning forests, destroying forests or reducing forest areas may not be included within the scope of general or special amnesty.

No reduction may be made in forest boundaries, except in respect of areas whose preservation as forest has been determined to be of no benefit from a scientific and technical point of view, but whose conversion into agricultural land has been determined to be of definite benefit, lands which had completely lost the character of forest from a scientific and technical point of view before 31/12/1981 and whose use for various agricultural purposes such as fields, vineyards, orchards and olive groves, or for animal husbandry, has been determined to be beneficial, and places where city, town and village buildings are collectively located.

For the purposes of developing the population of villages located within or adjacent to forests and of protecting forests and their integrity, the following shall be regulated by law: measures ensuring cooperation between the State and this population in the supervision and exploitation of forests; the evaluation of places that had completely lost the character of forest from a scientific and technical point of view before 31/12/1981; the identification of places whose preservation as forest is deemed to be of no benefit from a scientific and technical point of view and their exclusion from forest boundaries; and the rehabilitation of the said places by the State and their allocation for the benefit of the population of villages within forests, for the purpose of settling this population, partially or entirely, in these places.

The State shall take measures to facilitate the provision of operating tools and equipment and other inputs to this population.

Lands belonging to the population of villages relocated from within forests shall immediately be afforested as state forests.

The State shall take measures, taking into account the interests of the national economy, to ensure the development of cooperatives aimed primarily at increasing production and protecting consumers.

Repealed last paragraph: 23/7/1995, Law No. 4121, Art. 15

The State shall take measures to protect and inform consumers, and shall encourage the initiatives of consumers to protect themselves.

The State shall take measures to protect and support tradesmen and craftsmen.

No provision of the Constitution shall be construed or interpreted as rendering unconstitutional the provisions, in force on the date of the adoption of the Constitution by referendum, of the reform laws indicated below, which aim to raise Turkish society above the level of contemporary civilisation and to safeguard the secular character of the Republic of Türkiye:

1. Law No. 430 of 3 March 1340 (1924) on the Unification of Education;

2. Law No. 671 of 25 November 1341 (1925) on the Wearing of Hats;

3. Law No. 677 of 30 November 1341 (1925) on the Closure of Dervish Convents, Lodges and Tombs, and the Prohibition and Abolition of the Office of Tomb Keeper and of Certain Titles;

4. The principle of civil marriage, according to which the marriage contract shall be concluded in the presence of the marriage officer, adopted by the Turkish Civil Code No. 743 of 17 February 1926, and the provision of Article 110 of the same Code;

5. Law No. 1288 of 20 May 1928 on the Adoption of International Numerals;

6. Law No. 1353 of 1 November 1928 on the Adoption and Application of the Turkish Alphabet;

7. Law No. 2590 of 26 November 1934 on the Abolition of Appellations and Titles such as Efendi, Bey and Pasha;

8. Law No. 2596 of 3 December 1934 on the Prohibition of the Wearing of Certain Garments.

Upon the due proclamation of the adoption of the Constitution by referendum as the Constitution of the Republic of Türkiye, the Chairman of the National Security Council and Head of State at the date of the referendum shall assume the title of President of the Republic and shall, for a term of seven years, perform the duties and exercise the powers conferred on the President of the Republic by the Constitution. The oath he took as Head of State on 18 September 1980 shall remain in force. At the end of the seven-year term, the presidential election shall be held in accordance with the provisions of the Constitution.

The President of the Republic shall also hold the chairmanship of the National Security Council, established by Law No. 2356 of 12 December 1980, until the Grand National Assembly of Türkiye convenes following the first general elections and its Bureau is formed.

In the event that the office of the President of the Republic becomes vacant for any reason during the period until the Grand National Assembly of Türkiye convenes and assumes its functions following the first general elections of deputies, the most senior member of the National Security Council shall act on behalf of the President of the Republic, and shall perform all of his duties and exercise all of his powers under the Constitution, until the Grand National Assembly of Türkiye convenes and elects the new President of the Republic in accordance with the Constitution.

The National Security Council, the establishment of which is set out in Law No. 2356 of 12 December 1980, shall continue its functions in accordance with Law No. 2324 on the Constitutional Order and Law No. 2485 on the Constituent Assembly until the Grand National Assembly of Türkiye convenes and forms its Bureau following the first general elections to be held under the Political Parties Law and the Election Law to be prepared on the basis of the Constitution.

After the adoption of the Constitution, the provision of Article 3 of Law No. 2356 concerning the procedure for filling a vacancy arising for any reason in one of the memberships of the National Security Council shall not apply.

After the Grand National Assembly of Türkiye convenes and assumes its functions, the National Security Council shall be transformed into the Presidential Council for a period of six years, and the members of the National Security Council shall acquire the status of members of the Presidential Council. The oath they took as members of the National Security Council on 18 September 1980 shall remain in force. Members of the Presidential Council shall enjoy the personal rights and immunity that members of the Grand National Assembly of Türkiye possess under the Constitution. At the end of the six-year period, the legal existence of the Presidential Council shall terminate.

The duties of the Presidential Council are as follows:

a) To examine, within the first ten days of the fifteen-day period granted to the President of the Republic, laws adopted by the Grand National Assembly of Türkiye and sent to the Presidency concerning the fundamental rights, freedoms and duties set out in the Constitution, the principle of secularism, the protection of Atatürk's reforms, 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 into Türkiye, extraordinary administration, martial law and state of war, as well as other laws deemed necessary by the President of the Republic;

b) Upon the request of the President of the Republic and within the period to be determined by him:

To examine and give opinions on matters relating to the renewal of general elections of deputies, the exercise of extraordinary administration powers and the measures to be taken, the administration and supervision of the Turkish Radio and Television Corporation, the education of youth and the organisation of Religious Affairs;

c) Upon the request of the President of the Republic, to conduct examinations and research on internal and external security and other matters deemed necessary and to submit the results to the President of the Republic.

Upon the Grand National Assembly of Türkiye convening and forming its Bureau following the first general election of deputies to be held under the Constitution:

a) Law No. 2324 of 27 October 1980 on the Constitutional Order,

b) Law No. 2356 of 12 December 1980 on the National Security Council,

c) Law No. 2485 of 29 June 1981 on the Constituent Assembly,

Shall be repealed, and the legal existence of the National Security Council and the Consultative Assembly shall terminate.

Repealed: 17/5/1987, Law No. 3361, Art. 4

On the tenth day following the announcement by the Supreme Election Council of the results of the first general election of deputies to be held, the Grand National Assembly of Türkiye shall convene of its own accord in Ankara, in the building of the Grand National Assembly of Türkiye, at 15:00 hours. The oldest deputy shall preside over this meeting. At this meeting, the deputies shall take the oath.

Until the Grand National Assembly of Türkiye established under the Constitution has made its own rules of procedure for its meetings and work, the provisions of the Rules of Procedure of the National Assembly in force before 12 September 1980 that are not contrary to the Constitution shall apply.

Following the first general election of deputies, the Council of Ministers in office shall continue its duties until the Grand National Assembly of Türkiye convenes and a new Council of Ministers is formed.

Laws concerning the establishment, duties, powers and functioning of the new organs, institutions and boards adopted by the Constitution, and other laws the enactment or amendment of which is envisaged by the Constitution, shall be enacted, starting from the adoption of the Constitution, within the term of office of the Constituent Assembly; those that cannot be completed within this period shall be enacted by the end of one year following the first meeting of the elected Grand National Assembly of Türkiye.

The President of the Republic may refer back to the Grand National Assembly of Türkiye amendments to the Constitution made within a period of six years after the formation of the Bureau of the Grand National Assembly of Türkiye to be convened as a result of the first general elections. In that case, the Grand National Assembly of Türkiye may adopt the referred-back law on the amendment of the Constitution in the same form and send it again to the President of the Republic only by a vote of a three-fourths majority of the total number of members.

Local administration elections shall be held at the latest within one year following the first meeting of the Grand National Assembly of Türkiye.

The positions and duties of those who are regular and substitute members of the Constitutional Court on the date on which the Constitution is adopted by referendum shall continue. The capacities acquired in this manner by those among them who have been elected to certain offices by the Constitutional Court shall be preserved.

No election shall be held to fill vacant regular member positions of the Constitutional Court until the number of regular members falls to eleven, nor to fill vacant substitute member positions until the total number of regular and substitute members falls to fifteen. Until the adaptation of the Constitutional Court to the new arrangement is ensured, in elections to be held because the number of regular members falls below eleven or the total number of regular and substitute members falls below fifteen, the principle and order adopted by this Constitution shall be followed.

Until the number of regular members of the Constitutional Court falls to eleven, the meeting quorum envisaged by Law No. 44 of 22/4/1962 shall apply in actions and matters.

Those elected by the Head of State as regular and substitute members of the Board from the Court of Cassation and the Council of State pursuant to provisional Article 1 of the High Council of Judges and Public Prosecutors Law No. 2461 of 13/5/1981; as Chief Public Prosecutor of the Republic and Deputy Chief Public Prosecutor of the Republic pursuant to the provisional article added to the Court of Cassation Law No. 1730 by Law No. 2483 of 25/6/1981; and as President, Chief Public Prosecutor, Deputy Presidents and Heads of Chambers of the Council of State pursuant to paragraph 2 of provisional Article 14 of the Council of State Law No. 2575 of 6/1/1982, shall continue in these offices for the term for which they were elected.

The provisions of the provisional articles of Law No. 2576 of 6/1/1982 relating to appointments to the offices of president and members of administrative courts are also reserved.

The elections of one regular and one substitute member to be elected from the Court of Cassation to the High Council of Judges and Public Prosecutors shall be held within twenty days following the date on which the Constitution enters into force.

Until the elected members take office, the Council shall carry out its work with the participation of a substitute member so as to constitute the meeting quorum.

The obligations of trade unions to keep their revenues in State banks shall be fulfilled within two years at the latest from the date on which the Constitution enters into force.

Repealed: 7/5/2010, Law No. 5982, Art. 24

Those who, although registered in the voter register and ballot box list for the referendum on the Constitution and eligible to vote, did not participate in the referendum without any legal or de facto excuse, may not participate in general elections, by-elections, local elections and other referendums to be held within five years following the referendum on the Constitution, and may not stand as candidates in elections.

Added: 10/5/2007, Law No. 5659, Art. 1

In the first general election to be held after the entry into force of this Law, the last paragraph of Article 67 of the Constitution shall not apply with respect to the provisions of the Law on the Election of Deputies No. 2839 of 10/6/1983 concerning the inclusion of independent candidates on the joint ballot paper.

Added: 7/5/2010, Law No. 5982, Art. 25

On the date on which this Law enters into force, the existing substitute members of the Constitutional Court shall acquire the status of regular member.

Within thirty days from the date on which this Law enters into force, the Grand National Assembly of Türkiye shall elect one member from among three candidates to be nominated by the General Assembly of the Court of Accounts and one member from among three candidates to be nominated by the presidents of the bar associations.

For the purpose of nominating candidates for the election of members to be held by the Grand National Assembly of Türkiye:

a) Within five days from the date on which this Law enters into force, the President of the Court of Accounts shall announce the call for applications for candidacy. Within five days from the date of announcement, candidates shall apply to the Presidency. Within five days from the day on which the application period expires, the election shall be held by the General Assembly of the Court of Accounts. In this election, in which each member of the Court of Accounts may vote (…), the three persons receiving the most votes shall be deemed nominated.

b) Within five days from the date on which this Law enters into force, the Presidency of the Union of Turkish Bar Associations shall announce the call for applications for candidacy. Within five days from the date of announcement, candidates shall apply to the Presidency of the Union of Turkish Bar Associations. Within five days from the day on which the application period expires, the election shall be held by the presidents of the bar associations at the place and time indicated in the announcement of the Presidency of the Union of Turkish Bar Associations. In this election, in which each president of a bar association may vote (…), the three persons receiving the most votes shall be deemed nominated.

c) The names of those deemed nominated as a result of the elections held pursuant to subparagraphs (a) and (b) shall be notified to the Office of the Speaker of the Grand National Assembly of Türkiye by the Presidencies of the Court of Accounts and of the Union of Turkish Bar Associations on the day following the day on which the election is held.

ç) Within ten days from the notification made pursuant to subparagraph (c), the election shall be held in the Grand National Assembly of Türkiye. In the election to be held for each vacant membership, a two-thirds majority of the total number of members shall be required in the first ballot and an absolute majority of the total number of members in the second ballot; if an absolute majority cannot be obtained in the second ballot, a third ballot shall be held between the two candidates receiving the most votes in that ballot; the candidate receiving the most votes in the third ballot shall be elected member.

The President of the Republic shall, after the first memberships from the quotas of the Court of Cassation and the Council of State become vacant, elect one member each from among three candidates to be nominated by the Council of Higher Education from among teaching staff, who are not members of the Council, serving in the fields of law, economics and political science at higher education institutions.

The currently existing members of the institutions nominating candidates for membership of the Constitutional Court, and the substitute members elected from their own quotas, shall be taken into account in the supplementary election.

The capacities of those currently elected to certain offices in the Constitutional Court shall continue until the end of the term for which they were elected. Those who are members on the date on which this Law enters into force shall continue in office until the age limit.

The necessary regulations concerning individual application shall be completed within two years. Individual applications shall be accepted from the date on which the implementing law enters into force.

Added: 7/5/2010, Law No. 5982, Art. 25

Within thirty days from the date on which this Law enters into force, the members of the High Council of Judges and Public Prosecutors shall be elected in accordance with the principles and procedures set out below:

a) The President of the Republic shall elect four members from among teaching staff who have no impediment to admission to the profession of judge and who have served for at least fifteen years in the fields of law, (…) at higher education institutions, (…) and lawyers who have actually completed fifteen years in the profession. Second sentence annulled by Constitutional Court decision of 7/7/2010, E. 2010/49, K. 2010/87.

b) The General Assembly of the Court of Cassation shall elect three regular and three substitute members from among the members of the Court of Cassation. Within seven days from the date on which this Law enters into force, the First President of the Court of Cassation shall announce the call for applications for candidacy. Within seven days from the date of announcement, candidates shall apply to the First Presidency. Within fifteen days from the day on which the application period expires, the General Assembly of the Court of Cassation shall hold the election. In the election, in which each member of the Court of Cassation may vote (…), the candidates receiving the most votes shall be elected regular and substitute members respectively.

c) The General Assembly of the Council of State shall elect two regular and two substitute members from among the members of the Council of State. Within seven days from the date on which this Law enters into force, the President of the Council of State shall announce the call for applications for candidacy. Within seven days from the date of announcement, candidates shall apply to the Presidency. Within fifteen days from the day on which the application period expires, the General Assembly of the Council of State shall hold the election. In the election, in which each member of the Council of State may vote (…), the candidates receiving the most votes shall be elected regular and substitute members respectively.

ç) The General Assembly of the Turkish Justice Academy shall elect, from among its own members, one regular and one substitute member to the High Council of Judges and Public Prosecutors. Within seven days from the date on which this Law enters into force, the President of the Turkish Justice Academy shall announce the call for applications for candidacy. Within seven days from the date of announcement, candidates shall apply to the Presidency. Within fifteen days from the day on which the application period expires, the General Assembly of the Turkish Justice Academy shall hold the election. In the election, in which each member may vote (…), the candidates receiving the most votes shall be elected regular and substitute members respectively.

d) Seven regular and four substitute members shall be elected by the judges and public prosecutors of the ordinary judiciary, under the administration and supervision of the Supreme Election Council, from among judges and public prosecutors of the ordinary judiciary who are of the first class and have not lost the qualifications required for being in the first class. Within five days from the date on which this Law enters into force, the Supreme Election Council shall announce the calls for applications for candidacy. Within three days from the date of announcement, candidates shall apply to the Supreme Election Council. Within two days from the day on which the application period expires, the Supreme Election Council shall examine the applications of the candidates, determine the list of candidates and announce it. Objections may be raised against this list within the following two days. Within two days from the day on which the objection period expires, the objections shall be examined and decided, and the final list of candidates shall be announced. In the elections to be held in each province under the administration and supervision of the provincial election board on the second Sunday after the date on which the Supreme Election Council announces the final list of candidates, the judges and public prosecutors serving in that province and its districts shall vote. Provincial election boards shall form ballot box committees according to the number of judges and public prosecutors who will vote in that province. Complaints and objections against the acts, measures and decisions of the ballot box committees shall be decided by the provincial election board. Candidates may not campaign; they may only publish their curricula vitae on a website allocated for this purpose, within the framework of the procedures and principles determined by the Supreme Election Council. Eleventh sentence annulled by Constitutional Court decision of 7/7/2010, E. 2010/49, K. 2010/87. The candidates receiving the most votes in the elections shall be elected regular and substitute members respectively. Other matters relating to the ballot papers to be used shall be determined by the Supreme Election Council. The Supreme Election Council is authorised to have the ballot papers printed by itself or, where necessary, through the provincial election boards it deems appropriate. In the elections to be held, the provisions of the Law on Basic Provisions on Elections and Voter Registers No. 298 of 26/4/1961 that are not contrary to this subparagraph shall apply.

e) Three regular and two substitute members shall be elected by the judges and public prosecutors of the administrative judiciary, under the administration and supervision of the Supreme Election Council, from among judges and public prosecutors of the administrative judiciary who are of the first class and have not lost the qualifications required for being in the first class. In these elections, to be held in the provinces where regional administrative courts are located under the administration and supervision of the provincial election board, the judges and public prosecutors of the administrative judiciary serving in that regional administrative court and in places within its jurisdiction shall vote. The provisions of subparagraph (d) shall also apply to these elections.

The regular members of the High Council of Judges and Public Prosecutors elected pursuant to subparagraphs (a), (ç), (d) and (e) of paragraph 1 shall take office on the working day following the thirtieth day after the date on which this Law enters into force.

On the date on which this Law enters into force, the duties of the regular and substitute members of the High Council of Judges and Public Prosecutors coming from the Court of Cassation and the Council of State shall continue until the end of the term for which they were elected. Those elected pursuant to subparagraph (b) of paragraph 1 in place of the members coming from the Court of Cassation who complete their term of office, and those elected pursuant to subparagraph (c) of paragraph 1 in place of the members coming from the Council of State who complete their term of office, shall take office in turn.

The term of office of those members elected pursuant to subparagraphs (b) and (c) of paragraph 1 who take office pursuant to paragraph 3 shall end on the date on which the term of office of the other members of the Council elected pursuant to subparagraphs (a), (ç), (d) and (e) of paragraph 1 expires.

Until the necessary regulations are made in the relevant laws, the regular members elected to the High Council of Judges and Public Prosecutors shall benefit, in the same manner, from all financial and social rights and the retirement right envisaged in the relevant legislation for a head of chamber of the Court of Cassation. In addition, the regular members of the Council other than its President shall be paid a monthly additional compensation in the amount found by multiplying the indicator figure (30000) by the coefficient applied to civil servants' salaries.

Until regulation is made in the relevant laws, the High Council of Judges and Public Prosecutors shall:

a) work as a Council in accordance with the provisions of the laws in force, provided that this is not contrary to the provisions of the Constitution;

b) convene under the chairmanship of the Minister of Justice within one week from the date on which its regular members take office pursuant to paragraph 2, and elect a temporary Deputy President;

c) convene with at least fifteen members and take decisions by an absolute majority of the total number of members;

ç) have its secretariat services carried out by the Ministry of Justice.

Until the Council inspectors and justice inspectors are appointed, the existing justice inspectors shall serve in the capacity of Council inspector and justice inspector.

The provisions of this article shall apply until the necessary regulations are made in the relevant laws.

Added: 20/5/2016, Law No. 6718, Art. 1

With respect to deputies who, on the date on which this article is adopted in the Grand National Assembly of Türkiye, have files concerning the lifting of legislative immunity that have been transmitted from authorities competent to conduct an investigation or to grant permission for investigation or prosecution, from chief public prosecutor's offices and from courts to the Ministry of Justice, the Prime Ministry, the Office of the Speaker of the Grand National Assembly of Türkiye or the Chairmanship of the Joint Committee composed of members of the Constitution and Justice committees, the provision of the first sentence of paragraph 2 of Article 83 of the Constitution shall not apply in respect of those files.

Within fifteen days from the date on which this article enters into force, the files concerning the lifting of legislative immunity held by the Chairmanship of the Joint Committee composed of members of the Constitution and Justice committees, the Office of the Speaker of the Grand National Assembly of Türkiye, the Prime Ministry and the Ministry of Justice shall be returned to the competent authority for the necessary action to be taken.

Added: 21/1/2017, Law No. 6771, Art. 17

A) The general election of deputies for the 27th Legislative Term of the Grand National Assembly of Türkiye and the presidential election shall be held together on 3/11/2019. The duties of the members of the Grand National Assembly of Türkiye and of the President of the Republic shall continue until the date on which the election is held. If the Assembly decides to hold elections, the general election of deputies for the 27th Legislative Term and the presidential election shall be held together.

B) Within six months at the latest from the date of publication of this Law, the Grand National Assembly of Türkiye shall make the amendments to the Rules of Procedure of the Assembly and the other legislative arrangements required by the amendments made by this Law. Amendments specified to be regulated by presidential decree shall be regulated by the President of the Republic within six months at the latest from the date on which the President of the Republic takes office.

C) In accordance with the arrangement made in Article 159 of the Constitution, the members of the Council of Judges and Public Prosecutors shall be elected within thirty days at the latest and shall take office on the working day following the fortieth day after the date on which this Law enters into force. Applications shall be made to the Office of the Speaker of the Grand National Assembly of Türkiye within five days from the date on which this article enters into force. The Office of the Speaker shall send the applications to the Joint Committee composed of members of the Constitution and Justice Committees. The Committee shall, within ten days, determine three candidates for each membership by a two-thirds majority of the total number of its members. If the election cannot be concluded by a two-thirds majority in the first ballot, second and third ballots shall be held; in these ballots, the candidate receiving the votes of a three-fifths majority of the total number of members shall be elected. If a three-fifths majority cannot be obtained, the process of determining the members shall be completed by drawing lots from among the candidates who received the most votes in the third ballot, numbering twice the members to be elected. The Plenary of the Grand National Assembly of Türkiye shall complete the election within fifteen days, observing the same procedure and quorums. The current members of the High Council of Judges and Public Prosecutors shall continue in office until the date on which the new members take office and shall work during this period in accordance with the provisions of the Law in force. Until amendments are made in the relevant law, the new members shall work in accordance with the provisions of the existing Law that are not contrary to the Constitution. Of the members whose duties end and who are not re-elected to the Council of Judges and Public Prosecutors, upon their request, those elected from among judges and public prosecutors of the ordinary judiciary shall be elected to membership of the Court of Cassation, and those elected from among judges and public prosecutors of the administrative judiciary to membership of the Council of State, by the Council of Judges and Public Prosecutors; those elected from among teaching staff and lawyers shall be appointed to membership of the Council of State by the President of the Republic. In elections and appointments made in this manner, it shall not be considered whether there are vacant positions, and member positions shall be added to the positions of the Court of Cassation and the Council of State in the number of members elected and appointed.

D) The memberships of persons elected to membership of the Constitutional Court from the Military Court of Cassation and the High Military Administrative Court shall continue until their duties end for any reason.

E) As of the date on which this Law enters into force, the Military Court of Cassation, the High Military Administrative Court and military courts have been abolished.

Within four months from the date on which this Law enters into force, the President, Chief Public Prosecutor, Second President and members from the military judge class of the Military Court of Cassation and the High Military Administrative Court, and other military judges (excluding reserve officers), taking into account their preferences and acquired rights:

a) may be appointed by the Council of Judges and Public Prosecutors as judges or public prosecutors in the ordinary or administrative judiciary;

b) shall be appointed by the Ministry of National Defence, in their existing classes, to the legal services positions of the Ministry or of the Office of the Chief of General Staff, being subject, with respect to salary, additional indicator, allowance, judicial allowance, additional payment, financial and social rights and benefits and other rights, to the provisions applicable to equivalent judges and public prosecutors belonging to the ordinary or administrative judiciary, and, with respect to other rights and obligations, to the continued application of the provisions of the legislation in force on the date on which this Law enters into force. The procedures and principles concerning the compensation to be paid to those among them who have acquired the right to retirement and leave these offices of their own will before the age limit shall be regulated by law.

Of the files pending before the abolished military judicial authorities, those at the stage of appellate review shall be sent, as relevant, to the Court of Cassation or the Council of State, and other files, as relevant, to the competent ordinary or administrative judicial authorities having jurisdiction, within four months.

F) Decrees having force of law, bylaws, regulations issued by the Prime Ministry and the Council of Ministers and other regulatory acts in force on the date on which this Law enters into force shall remain valid unless repealed. Articles 152 and 153 shall continue to apply to decrees having force of law in force.

G) Powers conferred on the Prime Ministry and the Council of Ministers by laws and other legislation shall be exercised by the President of the Republic until amendments are made in the relevant legislation.

H) The provision of the last paragraph of Article 67 of the Constitution shall not apply with respect to the first general election of deputies and presidential election to be held together after the date on which this Law enters into force.

PART SEVEN

FINAL PROVISIONS

I. Amendment of the Constitution, participation in elections and referendums:

Amended: 17/5/1987, Law No. 3361, Art. 3

An amendment to the Constitution may be proposed in writing by at least one third of the total number of members of the Grand National Assembly of Türkiye. Proposals to amend the Constitution shall be debated twice in the Plenary. The adoption of a proposal for amendment shall require a three-fifths majority of the total number of members of the Assembly by secret ballot.

The consideration and adoption of proposals for the amendment of the Constitution shall be subject to the provisions governing the consideration and adoption of laws, with the exception of the conditions set forth in this article.

The President of the Republic may refer laws related to constitutional amendments back to the Grand National Assembly of Türkiye for further consideration. If the Assembly adopts the referred Law, as it is, by a two-thirds majority of the total number of members, the President of the Republic may submit this Law to referendum.

If a Law on a constitutional amendment adopted by the Assembly by a three-fifths majority or by less than a two-thirds majority of the total number of members is not referred back by the President of the Republic to the Assembly, it shall be published in the Official Gazette in order to be submitted to referendum.

A law on a constitutional amendment adopted directly or, upon referral by the President of the Republic, by a two-thirds majority of the total number of members of the Assembly, or the articles thereof deemed necessary, may be submitted to referendum by the President of the Republic. A Law on a constitutional amendment, or the related articles, not submitted to referendum shall be published in the Official Gazette.

For laws on constitutional amendments submitted to referendum to enter into force, more than half of the valid votes cast in the referendum must be votes in favour.

The Grand National Assembly of Türkiye, in adopting laws related to constitutional amendments, shall also decide which of the amended provisions of the Constitution shall be put to the vote together and which shall be put to the vote separately, in the event that the Law is submitted to referendum.

Every kind of necessary measure, including fines, shall be taken by law to ensure participation in referenda, general and by-elections of deputies, and general local elections.

The Preamble, which states the basic views and principles on which the Constitution is founded, shall form an integral part of the text of the Constitution.

The marginal headings of articles shall only indicate the subject matter of the articles to which they relate and the order and connection between articles. These headings shall not be regarded as part of the text of the Constitution.

This Constitution, upon its adoption by referendum and its publication in the Official Gazette, shall become the Constitution of the Republic of Türkiye and shall enter into force in its entirety, with the exception of the exceptions indicated below and the provisions concerning the entry into force of these exceptions.

a) In Chapter II of PART TWO, the provisions on personal liberty and security, the provisions on the press and publication, and the rights and freedoms of assembly,

In Chapter III, the provisions on labour, and the provisions on collective labour agreements, the right to strike and lockout,

These provisions shall enter into force when new laws on them are enacted or amendments are made to the existing laws, and in any event at the latest when the Grand National Assembly of Türkiye takes office. However, until these provisions enter into force, the existing laws and the communiqués and decisions of the National Security Council shall be applied.

b) In PART TWO, the provisions on the rights to engage in political activity and on political parties shall enter into force upon the publication of the Law on Political Parties to be newly drafted on the basis of them;

The right to vote and to be elected shall enter into force upon the publication of the Law on Elections to be drafted likewise on the basis of these provisions;

Upon such publication.

c) In PART THREE, the provisions relating to the legislature;

These provisions shall enter into force together with the announcement of the results of the first general election of deputies. However, the duties and powers of the Grand National Assembly of Türkiye under this chapter shall, without prejudice to the provisions of the Law on the Constituent Assembly No. 2485 of 29 June 1981, be carried out by the National Security Council until the Grand National Assembly of Türkiye takes office.

d) In PART THREE, the duties and powers under the heading of the President of the Republic, and the State Supervisory Council, the bylaws under the heading of the Council of Ministers, National Defence, the procedures governing states of emergency, and, under the heading of administration, the provisions other than those on local administrations and the Atatürk High Institution of Culture, Language and History, as well as all provisions relating to the judiciary except those on State Security Courts, shall enter into force together with the announcement in the Official Gazette of the adoption of the Constitution by referendum. The provisions on the President of the Republic and the Council of Ministers that have not entered into force shall enter into force upon the Grand National Assembly of Türkiye taking office, and the provisions on local administrations and State Security Courts shall enter into force upon the publication of the relevant laws.

e) Where the provisions of the Constitution that are to enter into force together with the announcement of its adoption by referendum, and the existing institutions, establishments and boards and those to be established, require the enactment of new laws or amendments to existing laws, the procedures relating to them shall be carried out, pursuant to Article 11 of the Constitution, in accordance with the provisions of the existing laws that are not contrary to the Constitution or directly in accordance with the provisions of the Constitution.

f) The provision of the second paragraph of Article 164, which regulates the procedure for the consideration of draft laws on the final accounts, shall begin to be applied as of the year 1984.