Turkey's parliament on Saturday approved a contentious constitutional amendments package, paving the way for a referendum on a presidential system that would greatly expand the powers of President Recep Tayyip Erdogan's office.
The constitutional amendments cleared the minimum threshold necessary to put the measures to a national referendum for final approval. The vote took place with 488 lawmakers in the 550-seat assembly in attendance. A total of 339 parliamentarians voted yes, 142 no, five cast empty ballots and two were ruled out as invalid.
A public vote on the issue is expected as early as March 26, and no later than mid-April, according to officials of the ruling Justice and Development Party, or AKP.
In addition to changing the system of government, the amendments would allow the president to keep ties with his party and restructure the nation's highest judicial body.
Kemal Kılıçdaroglu, head of the opposition Republican People's Party, condemned the outcome saying parliament had handed over its own authority and betrayed its history. He vowed to lead a struggle for democracy to have the reforms rejected in the referendum.
GREATER POWERS FOR ERDOĞAN
Erdoğan aims to legitimize the illegal but de facto authorities at his disposal and to further expand his span of authority.
According to the amendments, Erdoğan will become the chief executive and the head of the state. In the existing system, the executive authority is distributed between the President of the Republic and the Cabinet, and the Council of Ministers represents the government. The constitutional amendments annul the Office of the Prime Minister and centralize the authority for assigning ministers in the hands of the President of the Republic. The President will also have the right to unseat ministers at will.
There would no longer be a formal cabinet but there will be ministers, whom the president will have the power to appoint and fire.
The president would be elected for a five-year term and serve for a maximum of two mandates. If Erdoğan's existing time as president is not counted in this, it means that in theory, he could stay in office until 2029.
SUPERVISORY POWER TO BE ANNULLED
Th amendments propose to annul Parliament’s supervisory power over the Council of Ministers. Accordingly, the Cabinet will be liable only to the President of the Republic.
Moreover, the vote of confidence, which the Parliament gives to the Council of Ministers before starting duty according to the current legislation, will be repealed as well. Another right currently held by the Parliament against the Cabinet, the motion of censure, is also to be repealed in the new system. The current system allows a parliamentary investigation if 10 percent of the total chairs votes “yes”, however, the new system abolishes this right.
JURISDICTION WILL SUBMIT TO ERDOĞAN
In the current system, the judiciary is assigned as follows: 46 percent by the President of the Republic, 41 percent by the Judicial Office itself, 8 percent by the Parliament, and 5 percent by the Cabinet.
The constitutional amendments allow Erdoğan to be the sole authority in assigning the judiciary. If the draft is ratified, 69 percent of the judiciary will be assigned by Erdoğan, whereas 31 percent by the Parliament. However, the bill proposes the President of the Republic to be also head of a political party. Thus, if the President’s party gains the majority of seats in the Parliament, Erdoğan himself will determine 100 percent of the judiciary.
WILL ERDOĞAN BE LIABLE TO ACCOUNT FOR?
According to the constitutional amendments, the following steps will become necessary to call Erdoğan to the Supreme Court:
In a case of an accusation, the Grand National Assembly of Turkey can demand a prosecution against the President of the Republic by means of a motion approved by the absolute majority of the total member number.
The Assembly discusses the motion within one month of time and may decide to start a persecution by the approval of the three-fifth of the total member number in a secret ballot.
The Grand National Assembly of Turkey may decide to bring the President to the Supreme Court by the approval of the three-fifth of the total member number in a secret ballot.
If the President of the Republic is found guilty of any crime constituting an impediment to be elected, he/she is unseated.
In short, 301 MP votes will be necessary for a motion of persecution, which then will need 360 votes to start. For Erdoğan to be brought to the Supreme Court, 400 votes will be necessary. If such miracle happens to realize, Erdoğan is to be judged by the very Constitutional Court (under the title of the Supreme Court) that he assigns.
PARLIAMENTARY QUESTION
MPs will be able to submit a parliamentary question to the ministers and deputy chairmen but not directly to the President of the Republic.
SUPERVISION
The supervisory power of the Grand National Assembly of Turkey to inspect the Cabinet and Council of Ministers will be repealed. Two of the most crucial supervisory means, the motion of censure and parliamentary investigation will be abolished.
THE SUPREME BOARD OF JUDGES AND PROSECUTORS (HSYK)
The epithet “supreme” will be removed from the HSYK. The number of members will be decreased from 22 to 12. The Grand National Assembly of Turkey will assign half of the members. The President of the Republic will appoint the other half.
THE PRESIDENT AND THE PARTY LEADER
The existing constitution does not allow the President of the Republic for any political party affiliation. This means that the President is formally independent. The new draft will allow Erdoğan to be the Head of the State, the chief executive, and the party leader of the AKP at the same time.
UNCONDITIONAL POWER TO CANCELLATION
According to the new draft, the President of the Republic will be able to abolish the Parliament without any justification. The related article is as follows:
The Grand National Assembly of Turkey may decide to repeat the elections by the approval of three-fifth of the total member number. In this case,
In case the President of the Republic decides to repeat the elections, the general parliamentary election is held together with the presidential election.
