Constitution of the Republic of Turkey (2004)

Preamble
(As amended on October 17, 2001) In line with the concept of nationalism and the reforms and principles introduced by the founder of the Republic of Turkey, Atatürk, the immortal leader and the unrivalled hero, this Constitution, which affirms the eternal existence of the Turkish nation and motherland and the indivisible unity of the Turkish state, embodies;

The determination to safeguard the everlasting existence, prosperity and material and spiritual well-being of the Republic of Turkey, and to attain the standards of contemporary civilization as an honourable member with equal rights of the family of world nations;

The understanding of the absolute supremacy of the will of the nation and of the fact that sovereignty is vested fully and unconditionally in the Turkish nation and that no individual or body empowered to exercise this sovereignty in the name of the nation shall deviate from liberal democracy and the legal system instituted according to its requirements;

The principle of the separation of powers, which does not imply an order of precedence among the organs of state, but refers solely to the exercising of certain state powers and discharging of duties which are limited to cooperation and division of functions, and which accepts the supremacy of the Constitution and the law;

The recognition that no protection shall be accorded to an activity contrary to Turkish national interests, the principle of the indivisibility of the existence of Turkey with its state and territory, Turkish historical and moral values or the nationalism, principles, reforms and modernism of Atatürk and that, as required by the principle of secularism, there shall be no interference whatsoever by sacred religious feelings in state affairs and politics; the acknowledgment that it is the birthright of every Turkish citizen to lead an honourable life and to develop his or her material and spiritual assets under the aegis of national culture, civilization and the rule of law, through the exercise of the fundamental rights and freedoms set forth in this Constitution in conformity with the requirements of equality and social justice;

The recognition that all Turkish citizens are united in national honour and pride, in national joy and grief, in their rights and duties regarding national existence, in blessings and in burdens, and in every manifestation of national life, and that they have the right to demand a peaceful life based on absolute respect for one another’s rights and freedoms, mutual love and fellowship and the desire for and belief in “Peace at home, peace in the world”.

This Constitution, which is to be embraced with the ideas, beliefs, and resolutions it embodies below should be interpreted and implemented accordingly, thus commanding respect for, and absolute loyalty to, its letter and spirit.

Is entrusted by the Turkish nation to the patriotism and nationalism of its democracy-loving sons and daughters.

Part One: General Principles
I.

II

III

IV

V.

VI

VII

VIII

IX

X

XI

Chapter: General Provisions
I

II

III

IV

V

Chapter Two: Rights and Duties of the Individual
I

II

III

IV. Privacy and Protection of Private Life

A

B

C

V

VI

VII

VIII

IX

X. Provisions Relating to the Press and Publication

A

B

C

D

E

''XI. Rights and Freedoms of Assembly''

A

B

XII

''XIII. Provisions Relating to the Protection of Rights''

A

B

C

XIV

''XV. ''

Chapter Three: Social and Economic Rights and Duties
1

II

'''III. Public Interest'''

A

B

C

D

E

IV

V. Provisions Relating to Labour

A

B

C

D

''VI. Collective Bargaining, Right to Strike and Lockout''

A

B

VII

''VIII. Health, the Environment and Housing''

A

B

IX. Youth and Sports

A

B

X. Social Security Rights

A

B

C

XI

XII

XIII

Chapter Four: Political Rights and Duties
I

II

III. Provisions Relating to Political Parties

A

B

IV. Right to Enter Public Service

A

B

V

VI

VII

Chapter One: Legislative Power
I. The Turkish Grand National Assembly

A

B

C

D

E

F. Provisions Relating to Membership

1

2

3

4

5

6

7. Salaries and Allowances

''II. Functions and Powers of the Turkish Grand National Assembly''

A

B

C

D

E

F

''III. Provisions Relating to the Activities of the Turkish Grand National Assembly''

A

B

C

D

E

''IV. Ways of Collecting Information and Supervision by the Turkish Grand National Assembly''

A

B

C

Chapter Two: The Executive
I. President of the Republic

A

B

C

D

E

F

G

H

II. Council of Ministers

A

B

C

D

E

F

G

H

I. National Defence

A

B

''III. Procedure Governing Emergency Rule''

A. States of Emergency

1

2

3

B

''IV. Administration''

A. Fundamentals of the Administration

1

2

B

C. Organisation of the Administration

1

2

D. Provisions Relating to Public Servants

1

2

E. Institutions of Higher Education and Their Higher Bodies

1

2

3

F

G

H

I

J

Chapter Three: Judicial Power
I. General Provisions

A

B

C

D

E

F

G

H

''II. Higher Courts''

A. The Constitutional Court

1

2

3

4

5

6

7

8

B

C

D

E

F

III

IV

Chapter One: Financial Provisions
I. Budget

A

B

C

D

E

Chapter Two: Economic Provisions
I

II

III

''IV. Forests and the Inhabitants of Forest Villages''

A

B

V

A

B

Part Five: Miscellaneous Provisions
I

1. Act No. 430 of 3 March 1340 (1924) on the Unification of the Educational System;

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

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

4. The principle of civil marriage according to which the marriage act shall be concluded in the presence of the competent official, adopted with the Turkish Civil Code No. 743 of 17 February 1926, and Article 110 of the Code;

5. Act No. 1288 of 20 May 1928 on the Adoption of International Numerals:

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

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

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

Part Six: Provisional Articles
PROVISIONAL ARTICLE 1. On the proclamation, under lawful procedure, of the adoption by referendum of the Constitution as the Constitution of the Republic of Turkey, the Chairman of the Council of National Security and Head of State at the time of the referendum, shall assume the title of President of the Republic and shall exercise the Constitutional functions and powers of the President of the Republic for a period of seven years. The oath taken as Head of State on 18 September 1980, shall remain valid. At the end of the period of seven years the election for the Presidency of the Republic shall be held in accordance with the provisions set forth in the Constitution.

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

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

PROVISIONAL ARTICLE 2. The Council of National Security formed on 12 December 1980 under Act No. 2356 shall continue to exercise its functions under Act No. 2324 on the Constitutional Order and Act No. 2485 on the Constituent Assembly until the convening of the Turkish Grand National Assembly and the formation of the Bureau of the Assembly following the first general elections held under the Political Parties Act and the Elections Act prepared in accordance with the Constitution.

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

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

The functions of the Presidential Council shall be as follows:

a. to examine laws adopted by the Turkish Grand National Assembly and submitted to the President of the Republic concerning: the fundamental rights and freedoms and duties, the principle of secularism, the preservation of the reforms of Atatürk, national security and public order set forth in the Constitution, the Turkish Radio and Television Corporation, international treaties, the sending of Armed Forces to foreign countries and the stationing of foreign forces in Turkey, emergency rule, martial law and the state of war, and other laws deemed necessary by the President of the Republic, within the first ten days of the period of fifteen days granted to the President of the Republic for his consideration;

b. on the request of the President of the Republic and within the period specified by him:

to consider and give an opinion on matters relating to the holding of new general elections, the exercise of emergency powers and the measures to be taken during a state of emergency, the management and supervision of the Turkish Radio and Television Corporation, the training of the youth and the conduct of religious affairs;

c. According to the request of the President of the Republic, to consider and investigate matters relating to internal or external security and such other matters as are deemed necessary, and to submit its findings to the President of the Republic.

PROVISIONAL ARTICLE 3. With the convening of the Turkish Grand National Assembly and the formation of the Bureau of the Assembly following the first general elections held in accordance with the Constitution:

a. Act No. 2324 of 27 October 1980 on the Constitutional Order;

b. Act No. 2356 of 12 December 1980 on the Council of National Security;

c. Act No. 2485 of 29 June 1981 on the Constituent Assembly, shall cease to have effect and the legal existence of the Council of National Security and the Consultative Assembly shall terminate.

PROVISIONAL ARTICLE 4. (Repealed on May 17, 1987)

PROVISIONAL ARTICLE 5. On the tenth day following proclamation by the Supreme Election Council of the results of the first general elections, the Turkish Grand National Assembly shall convene of its own accord at the premises of the Turkish Grand National Assembly in Ankara at 15.00 hours. The eldest deputy shall take the chair for this session. At this session the deputies shall take their oaths.

PROVISIONAL ARTICLE 6. Until the Turkish Grand National Assembly, formed in accordance with the Constitution, adopts the Rules of Procedure which shall govern its sessions and proceedings, those provisions of the Rules of Procedure of the National Assembly which were in force before 12 September, 1980, and which are not contrary to the Constitution shall apply.

PROVISIONAL ARTICLE 7. The present Council of Ministers shall continue in office until the convening of the Turkish Grand National Assembly and the formation of the new Council of Ministers following the first general elections.

PROVISIONAL ARTICLE 8. Legislation relating to the organisation, duties, powers and functioning of the new organs, institutions and agencies established under the Constitution and other legislation whose introduction or amendment is provided for in the Constitution, shall be enacted during the period of Constituent Assembly, starting from the date of the adoption of the Constitution; legislation which cannot be dealt with during this period shall be enacted within the year following the first session of the newly elected Turkish Grand National Assembly.

PROVISIONAL ARTICLE 9. Within a period of six years following the formation of the Bureau of the Turkish Grand National Assembly which is to convene after the first general elections, the President of the Republic may refer to the Turkish Grand National Assembly for further consideration of any Constitutional amendments adopted by the Assembly. In this case the re-submission of the Constitutional amendment draft in its unchanged form to the President of the Republic by the Turkish Grand National Assembly, is only possible with a three-fourths majority of the votes of the total number of members.

PROVISIONAL ARTICLE 10. Local elections shall be held within a year of the first session of the Turkish Grand National Assembly.

PROVISIONAL ARTICLE 11. Regular and substitute members of the Constitutional Court who were in office on the date of the adoption by referendum of the Constitution shall continue to hold office and exercise their functions. Those previously elected by the Constitutional Court to specific offices shall retain the status thus acquired.

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

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

PROVISIONAL ARTICLE 12. Persons appointed by the Head of State as regular and substitute members of the Supreme Council of Judges and Public Prosecutors from among the members of the High Court of Appeals and the Council of State under Provisional Article 1 of Act No. 2461 of 13 May 1981, on the Supreme Council of Judges and Public Prosecutors; as chief public prosecutor and deputy chief public prosecutor in accordance with the Provisional Article appended to Act No. 1730 on the High Court of Appeals under Act No. 2483 of 25 June 1981; and as president, chief public prosecutor, deputy presidents and heads of division of the Council of State under Provisional Article 14, paragraph 2 of Act No. 2576 of 6 January 1982 on the Council of State shall continue to exercise their functions until the end of the term of office for which they were elected.

The Provisions of the Provisional Articles of Act No. 2576 of 6 January 1982, which concern the appointment of the presidents and members of Administrative Courts shall also remain in force.

PROVISIONAL ARTICLE 13. The elections of one regular and one substitute member to be elected to the Supreme Council of Judges and Public Prosecutors from among the members of the High Court of Appeals shall take place within twenty days of the entry into force of the Constitution.

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

PROVISIONAL ARTICLE 14. The obligation of the labour unions to deposit their revenues in the state banks shall be fulfilled within two years of the entry into force of the Constitution, at the latest.

PROVISIONAL ARTICLE 15. No allegation of criminal, financial or legal responsibility shall be made, nor shall an application be filed with a court for this purpose in respect of any decisions or measures whatsoever taken by: the Council of National Security formed under Act No. 2356 which will have exercised legislative and executive power on behalf of the Turkish Nation from 12 September 1980 to the date of the formation of the Bureau of the Turkish Grand National Assembly which is to convene following the first general elections; the governments formed during the term of office of the Council, or the Consultative Assembly which has exercised its functions under Act No. 2485 on the Constituent Assembly.

The provisions of the above paragraphs shall also apply in respect of persons who have taken decisions and adopted or implemented measures as part of the implementation of such decisions and measures by the administration or by the competent organs, authorities and officials.

PROVISIONAL ARTICLE 16. Persons who fail to participate in the referendum on the Constitution without valid legal or actual reasons despite being entitled to vote and being included in the register of electors and the polling station register compiled for the referendum, shall neither participate nor stand for election in general elections, by-elections, local elections or referendums for a period of five years following the referendum on the Constitution.

PROVISIONAL ARTICLE OF THE LAW NO.4709

(The Law No.4709 amends some of the articles of the Constitution)

A) The last paragraph added to the Article 67 of the Constitution by Article 24 of this Law No.4709 shall not be implemented at the first general election to be held after this Law No.4709 goes into effect. B) The amendments made by Article 28 of this Law No.4709 to Article 87 of the Constitution shall not be implemented on those who perpetrate the acts described in Article 14 of the Constitution, before this Law No.4709 goes into effect.

This Law No.4709 goes into effect at the date of its issue and in case of submission to referendum, it shall be voted on as a whole.

Part Seven: Final Provisions
I.

If a law is adopted by a three-fifths or less than two-thirds majority of the total number of votes of the Assembly and is not referred by the President for further consideration, it shall be published in the Official Gazette and shall be submitted to referendum.

A law on the Constitutional amendment adopted by a two- thirds majority of the total number of members of the Turkish Grand National Assembly directly or if referred back by the President for further consideration, or its articles as considered necessary may be submitted to a referendum by the President. Laws or related articles of the Constitutional amendment not submitted to referendum shall be published in the Official Gazette.

Laws related to Constitutional amendment which are submitted to referendum, shall require the approval of more than half of the valid votes cast.

The Turkish Grand National Assembly, in adopting the laws related to the Constitutional amendment, shall also decide on which provisions shall be submitted to referendum together and which shall be submitted individually.

Every measure including fines shall be taken to secure participation in referenda, general elections, by-elections and local elections. }}

II

III

PROVISIONAL ARTICLES NOT INCLUDED IN THE CONSTITUTION OF THE REPUBLIC OF TURKEY
Provisional article of Law No. 4709 dated October 3, 2001

PROVISIONAL ARTICLE: A) The sentence added to Article 67 of the Constitution as the last paragraph of Article 24 of this Law shall not be implemented during the first general elections to be held following the enactment of this Law.

B) The amendment made to Article 87 of the Constitution through Article 28 of this Law shall not be implemented for those who committed activities covered under Article 14 of the Constitution prior to the enactment of this Law.

Provisional article of Law No. 4777 dated December 27, 2002

PROVISIONAL ARTICLE 1. The last paragraph of Article 67 of the Constitution of the Republic of Turkey shall not be implemented in the first by-elections to be held during the 22nd Term of the Turkish Grand National Assembly.

(After being drafted by the Consultative Assembly, the Constitution of the Republic of Turkey was accepted by 92% of the Turkish public in a referendum on November 7, 1982, and published in Official Gazette no. 17863, dated  November 9, 1982.)