Erdoğan cabinet gets legislative power, bypasses parliament

The enactment surpasses the parliamentary procedure to make legislation and is against the constitution
Friday, 11 May 2018 15:24

Turkish parliament authorized the cabinet to make legislative changes and to issue decrees on a wide range of subjects related to public institutions and the authorities of the Prime Ministry. The enactment surpasses the parliamentary procedure to make legislation and is against the constitution.

Turkish President Recep Tayyip Erdoğan’s ruling AKP party and ultra-nationalist ally MHP have enough votes in parliament to pass the legislation. The enactment empowers the cabinet to issue decrees with the force of law until the next president is sworn in after the June 24 vote, or July 8 in the event of a second round.

With the law, the cabinet will be able to pass adjustment of current legislation in line with the controversial constitutional amendment approved in the April 2017 referendum, to make regulations on the establishment of public institutions and associations, and to redefine institutions under the Prime Ministry, Hürriyet Daily News reported. It also authorizes the cabinet to make changes and regulations on articles regarding the president’s executive authority, and it will be valid until the snap presidential and parliamentary elections to be held on June 24, the report added.

According to the constitution, legislative changes must first be submitted to parliament before being referred to the related constitutional parliamentary commission. After due assessment by the commission, the draft is submitted to parliament’s General Assembly for MPs’ discussion and then voted on.

Deputy Prime Minister Bekir Bozdağ defended the law, saying the harmonization of current legislation needs a new procedure as snap elections will be held on June 24.

"Because the election has been brought forward there is no possibility of referring these changes to parliament, assessing them in the commissions and discussing them in the General Assembly. That is why it was not an option for the government, it was a necessity," Bozdağ said.

Adjustment is necessary ahead of the shift to the new governance system after the June 24 elections, when the new constitution that was narrowly approved in the April 2017 fraudulent referendum will go into full effect and the president-elect will have the executive authority to issue presidential decrees.

Following the referendum, the rules in the constitution forming the basis of a parliamentary system of Turkey were ruled out. Turkish parliament was supposed to adjust the laws in effect with the constitution. However, the adjustment law has not been put in effect since then.