# Constitution of the Republic of Turkey (2004)

Source: Constitutional Court of The Republic of Turkey

## 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.
Article 1: Form of the State
II
Article 2: Characteristics of the Republic
III
Article 3: Integrity of the State, Official Language, Flag, National Anthem, and Capital
IV
Article 4: Irrevocable Provisions
V.
Article 5: Fundamental Aims and Duties of the State
VI
Article 6: Sovereignty
VII
Article 7: Legislative Power
VIII
Article 8: Executive Power and Function
IX
Article 9: Judicial Power
X
Article 10: Equality before the Law
XI
Article 11: Supremacy and Binding Force of the Constitution

## Part Two: Fundamental Rights and Duties
### Chapter: General Provisions

I
Article 12: Nature of Fundamental Rights and Freedoms
II
Article 13: Restriction of Fundamental Rights and Freedoms
III
Article 14: Prohibition of Abuse of Fundamental Rights and Freedoms
IV
Article 15: Suspension of the Exercise of Fundamental Rights and Freedoms
V
Article 16: Status of Aliens

### Chapter Two: Rights and Duties of the Individual

I
Article 17: Personal Inviolability, Material and Spiritual Entity of the Individual
II
Article 18: Prohibition of Forced Labour
III
Article 19: Personal Liberty and Security
IV. Privacy and Protection of Private Life
A
Article 20: Privacy of Individual Life
B
Article 21: Inviolability of the Domicile
C
Article 22: Freedom of Communication
V
Article 23: Freedom of Residence and Movement
VI
Article 24: Freedom of Religion and Conscience
VII
Article 25: Freedom of Thought and Opinion
VIII
Article 26: Freedom of Expression and Dissemination of Thought
IX
Article 27: Freedom of Science and the Arts
X. Provisions Relating to the Press and Publication
A
Article 28: Freedom of the Press
B
Article 29: Right to Publish Periodicals and Non-periodicals
C
Article 30: Protection of Printing Facilities
D
Article 31: Right to Use Media Other Than the Press Owned by Public Corporations
E
Article 32.: Right of Rectification and Reply
XI. Rights and Freedoms of Assembly
A
Article 33: Freedom of Association
B
Article 34: Right to Hold Meetings and Demonstration Marches
XII
Article 35: Property Rights
XIII. Provisions Relating to the Protection of Rights
A
Article 36: Freedom to Claim Rights
B
Article 37: Guarantee of Lawful Judgement
C
Article 38: Principles Relating to Offences and Penalties
XIV
Article 39: Right to Prove an Allegation
XV.
Article 40: Protection of Fundamental Rights and Freedoms

### Chapter Three: Social and Economic Rights and Duties

1
Article 41: Protection of the Family
II
Article 42: Right and Duty of Training and Education
III. Public Interest
A
Article 43: Utilisation of the Coasts
B
Article 44: Land Ownership
C
Article 45: Protection of Agriculture, Animal Husbandry, and of Persons Engaged in These Activities
D
Article 46: Expropriation
E
Article 47: Nationalization and Privatisation
IV
Article 48: Freedom to Work and Conclude Contracts
V. Provisions Relating to Labour
A
Article 49: Right and Duty to Work
B
Article 50: Working Conditions and Right to Rest and Leisure
C
Article 51: Right to Organize Labour Unions
D
Article 52: Activities of Labour Unions
VI. Collective Bargaining, Right to Strike and Lockout
A
Article 53: Right of Collective Bargaining
B
Article 54: Right to Strike and Lockout
VII
Article 55: Guarantee of Fair Wage
The state shall take the necessary measures to ensure that workers earn a fair wage commensurate with the work they perform and that they enjoy other social benefits.
VIII. Health, the Environment and Housing
A
Article 56: Health Services and Conservation of the Environment
B
Article 57: Right to Housing
IX. Youth and Sports
A
Article 58: Protection of the Youth
B
Article 59: Development of Sports
X. Social Security Rights
A
Article 60: Right to Social Security
B
Article 61: Persons Requiring Special Protection in the Field of Social Security
C
Article 62: Turkish Nationals Working Abroad
XI
Article 63: Conservation of Historical, Cultural and Natural Wealth
XII
Article 64: Protection of Arts and Artists
XIII
Article 65: The Extent of Social and Economic Duties of the State

### Chapter Four: Political Rights and Duties

I
Article 66: Turkish Citizenship
II
Article 67: Right to Vote, to be Elected and to Engage in Political Activity
III. Provisions Relating to Political Parties
A
Article 68: Forming Parties, Membership and Withdrawal From Membership in a Party
B
Article 69: Principles to be Observed by Political Parties
IV. Right to Enter Public Service
A
Article 70: Entry into Public Service
B
Article 71: Declaration of Assets
V
Article 72: National Service
VI
Article 73: Obligation to Pay Taxes
VII
Article 74: Right of Petition

## Part Three: Fundamental Organs of the Republic
### Chapter One: Legislative Power

I. The Turkish Grand National Assembly
A
Article 75: Composition
B
Article 76: Eligibility to be a Deputy
C
Article 77: Election Term of the Turkish Grand National Assembly
D
Article 78: Deferment of Elections to the Turkish Grand National Assembly, and By-elections
E
Article 79: General Administration and Supervision of Elections
F. Provisions Relating to Membership
1
Article 80: Representing the Nation
2
Article 81: Oath-Taking
    ”I swear upon my honour and integrity, before the great Turkish Nation, to safeguard the existence and independence of the state, the indivisible integrity of the Country and the Nation, and the 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 peace and prosperity in society, national solidarity and justice, and loyalty to the Constitution.”
3
Article 82: Activities Incompatible with Membership
4
Article 83: Parliamentary Immunity
5
Article 84: Loss of Membership
6
Article 85: Application for Annulment
7. Salaries and Allowances
Article 86: Salaries and Allowances
II. Functions and Powers of the Turkish Grand National Assembly
A
Article 87: General Provisions
B
Article 88: Proposal and Debate of Laws
C
Article 89: Promulgation of Laws by the President of the Republic
D
Article 90: Ratification of International Treaties (As amended on May 22, 2004)
E
Article 91: Authorisation to Enact Decrees Having the Force of Law
F
Article 92: Declaration of State of War and Authorisation to Deploy the Armed Forces
III. Provisions Relating to the Activities of the Turkish Grand National Assembly
A
Article 93: Convening and Adjournment
B
Article 94: Bureau of the Assembly
The Bureau of the Assembly shall be so composed as to ensure proportionate representation to the number of members of each political party group in the Assembly. Political party groups shall not nominate candidates for the Office of the Speaker.
C
Article 95: Rules of Procedure, Political Party Groups and Security Affairs
D
Article 96: Quorums Required for Sessions and Decisions
E
Article 97: Publicity and Publication of Debates
IV. Ways of Collecting Information and Supervision by the Turkish Grand National Assembly
A
Article 98: General Provisions
B
Article 99: Motions of Censure
C
Article 100: Parliamentary Investigation

### Chapter Two: The Executive

I. President of the Republic
A
Article 101: Qualifications and Impartiality
B
Article 102: Election
C
Article 103: Taking the Oath
    “In my capacity as President of the Republic I swear upon my honour and integrity before the Turkish Grand National Assembly and before history to safeguard the existence and independence of the state, the indivisible integrity of the Country and the Nation and the absolute sovereignty of the Nation, to abide by the Constitution, the rule of law, democracy, 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 do my utmost to preserve and exalt the glory and honour of the Republic of Turkey and perform without bias the functions that I have assumed.”
D
Article 104: Duties and Powers
a) Those relating to legislation:
to deliver, if he or she deems it necessary, the opening address of the Turkish Grand National Assembly on the first day of the legislative year,
to summon the Turkish Grand National Assembly to meet, when necessary,
to promulgate laws,
to return laws to the Turkish Grand National Assembly to be reconsidered,
to submit to referendum, if he or she deems it necessary, legislation regarding amendment of the Constitution.
to appeal to the Constitutional Court for the annulment in part or entirety of certain provisions of laws, decrees having the force of law, and the Rules of Procedure of the Turkish Grand National Assembly on the grounds that they are unconstitutional in form or in content,
to call new elections for the Turkish Grand National Assembly.
b) Those relating to executive functions:
to appoint the Prime Minister and to accept his or her resignation,
to appoint and dismiss Ministers on the proposal of the Prime Minister,
to preside over the Council of Ministers or to call the Council of Ministers to meet under his or her chairmanship whenever he or she deems it necessary,
to accredit representatives of the Turkish state to foreign states and to receive the representatives of foreign states appointed to the Republic of Turkey,
to ratify and promulgate international treaties,
to represent the Supreme Military Command of the Turkish Armed Forces on behalf of the Turkish Grand National Assembly,
to decide on the mobilization of the Turkish Armed Forces,
to appoint the Chief of the General Staff,
to call the National Security Council to meet,
to preside over the National Security Council,
to proclaim martial law or state of emergency, and to issue decrees having the force of law, in accordance with the decisions of the Council of Ministers under his or her chairmanship,
to sign decrees,
to remit, on grounds of chronic illness, disability, or old age, all or part of the sentences imposed on certain individuals,
to appoint the members and the chairman of the state Supervisory Council,
to instruct the State Supervisory Council to carry out inquiries, investigations and inspections,
to appoint the members of the Higher Education Council,
to appoint rectors of universities.
c) Those relating to the judiciary:
to appoint the members of the Constitutional Court, one- fourth of the members of the Council of State, the Chief Public Prosecutor and the Deputy Chief Public Prosecutor of the High Court of Appeals, the members of the Military High Court of Appeals, the members of the Supreme Military Administrative Court and the members of the Supreme Council of Judges and Public Prosecutors.
E
Article 105: Presidential Accountability and Non-accountability
F
Article 106: Acting for the President of the Republic
G
Article 107: General Secretariat of the President of the Republic
H
Article 108: State Supervisory Council
II. Council of Ministers
A
Article 109: Formation
B
Article 110: Taking Office and Vote of Confidence
C
Article 111: Vote of Confidence While in Office
D
Article 112: Functions and Political Responsibilities
E
Article 113: Ministers, and the Formation of Ministries
F
Article 114: Provisional Council of Ministers During Elections
G
Article 115: Regulations
H
Article 116: Calling for Elections for the Turkish Grand National Assembly by the President of the Republic
I. National Defence
A
Article 117: Offices of Commander-in-Chief and Chief of the General Staff
B
Article 118: National Security Council
III. Procedure Governing Emergency Rule
A. States of Emergency
1
Article 119: Declaration of State of Emergency on Account of Natural Disaster or Serious Economic Crisis
2
Article 120: Declaration of State of Emergency on Account of Widespread Acts of Violence and Serious Deterioration of Public Order
3
Article 121: Rules Relating to the State of Emergency
B
Article 122: Martial Law, Mobilization and State of War
IV. Administration
A. Fundamentals of the Administration
1
Article 123: Integral Unity and Public Legal Personality of the Administration
2
Article 124: By-laws
B
Article 125: Recourse to Judicial Review
C. Organisation of the Administration
1
Article 126: Central Administration
2
Article 127: Local Administrations
D. Provisions Relating to Public Servants
1
Article 128: General Principles
2
Article 129: Duties and Responsibilities, and Guarantees During Disciplinary Proceedings
Disciplinary decisions shall be subject to judicial review, with the exception of warnings and reprimands.
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 duties shall be brought against the administration only in accordance with the procedure and conditions prescribed by law, and subject to recourse to them.
E. Institutions of Higher Education and Their Higher Bodies
1
Article 130: Institutions of Higher Education
Institutions of higher education, under the supervision and control of the state, can be established by foundations in accordance with the procedures and principles set forth in the law provided that they do not pursue lucrative aims.
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 shall not include the liberty to engage in activities directed against the existence and independence of the state, and against the integrity and indivisibility of the Nation and the Country.
Universities and units attached to them are under the control and supervision of the state and their security is ensured by the state.
University rectors shall be appointed by the President of the Republic, and faculty deans by the Higher Education Council, in accordance with the procedures and provisions of the law.
The administrative and supervisory organs of the universities and the teaching staff may not for any reason whatsoever be removed from their office by authorities other than those of the competent organs of the university or by the Higher Education Council.
The budgets drawn up by universities, after being examined and approved by the Higher Education Council shall be presented to the Ministry of National Education, and shall be put into effect and supervised in conformity with the principles applied to general and subsidiary budgets.
The establishment of institutions of higher education and their organs, their functioning and elections, their duties, authorities and responsibilities, the procedures to be followed by the state in the exercise of the right to supervise and inspect the universities, the duties of the teaching staff, their titles, appointments, promotions and retirement, the training of the teaching staff, the relations of the universities and the teaching staff with public institutions and other organisations, the level and duration of education, admission of students into institutions of higher education, attendance requirements and fees, principles relating to assistance to be provided by the state, disciplinary and penalty matters, financial affairs, personnel rights, conditions to be conformed with by the teaching staff, the assignment of the teaching staff in accordance with inter-university requirements, the pursuance of training and education in freedom and under guarantee and in accordance with the requirements of contemporary science and technology, and the use of financial resources provided by the state to the Higher Education Council and the universities, shall be regulated by law.
2
Article 131: Superior Bodies of Higher Education
3
Article 132: Institutions of Higher Education Subject to Special Provisions
F
Article 133: Radio and Television Administrations and State-Financed News Agencies
G
Article 134: The Atatürk High Institution of Culture, Language and History
H
Article 135: Public Professional Organisations
I
Article 136: Department of Religious Affairs
J
Article 137: Unlawful Orders
An order which in itself constitutes an offence shall under no circumstances be executed; the person who executes such an order shall not evade responsibility.

### Chapter Three: Judicial Power

I. General Provisions
A
Article 138: Independence of the Courts
B
Article 139: Security of Tenure of Judges and Public Prosecutors
C
Article 140: 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 subsequent imposition of disciplinary penalties, the conduct of investigation concerning them and the subsequent decision to prosecute them on account of offences committed in connection with, or in the course of, their duties, the conviction for offences or instances of 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 exercise their duties until they reach the age of sixty-five; promotion according to age and the retirement of military judges shall be prescribed by law.
Judges and public prosecutors shall not assume official or public functions other than those prescribed by law.
Judges and public prosecutors shall be attached to the Ministry of Justice where their administrative functions are concerned.
D
Article 141: Publicity of Hearings and Verdict Justification
Special provisions shall be provided in the law with respect to the trial of minors.
The decisions of all courts shall be made in writing with a statement of justification.
E
Article 142: Organisation of Courts
F
Article 143: State Security Courts
State Security Courts shall consist of a president, two regular members and one substitute, one chief public prosecutor and a sufficient number of public prosecutors.
The president, two regular and one substitute members and the chief public prosecutor from among the first category judges and public prosecutors, the public prosecutors from the other public prosecutors of the Republic shall be appointed by the Supreme Council of Judges and Public Prosecutors in accordance with the procedures prescribed by special law for a four-year term; those whose term of office has expired may be reappointed.
The High Court of Appeals is the competent authority to examine appeals against the judgements of the State Security Court.
G
Article 144: Supervision of Judges and Public Prosecutors
H
Article 145: Military Justice
Military courts also have jurisdiction to try non-military persons for military offences specified in the special law; and for offences committed while performing their duties specified by law, or against military personnel on military places specified by law.
The offences and persons falling within the jurisdiction of military courts in time of war or under martial law, their organisation and the appointment, where necessary, of judges and public prosecutors from courts of justice to military courts shall be regulated by law.
II. Higher Courts
A. The Constitutional Court
1
Article 146: Organisation
The President of the Republic shall appoint two regular and two substitute members from the High Court of Appeals, two regular and one substitute member from the Council of State, and one member each from the Military High Court of Appeals, the High Military Administrative Court and the Audit Court, three candidates being nominated for each vacant office by the Plenary Assemblies of each court from among their respective presidents and members, by an absolute majority of the total number of members; the President of the Republic shall also appoint one member from a list of three candidates nominated by the Higher Education Council from among members of the teaching staff of institutions of higher education who are not members of the Council, and three members and one substitute member from among senior administrative officers and lawyers.
To qualify for appointments as regular or substitute members of the Constitutional Court, members of the teaching staff of institutions of higher education, senior administrative officers and lawyers shall be required to be over the age of forty and to have completed their higher education, or to have served at least fifteen years as a member of the teaching staff of institutions of higher education or to have actually worked at least fifteen years in public service or to have practiced as a lawyer for at least fifteen years.
The Constitutional Court shall elect a president and Deputy president from among its regular 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.
2
Article 147: Termination of Membership
3
Article 148: Functions and Powers
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 debates under urgent procedure was complied with. Verification as to form may be requested by the President of the Republic or by one-fifth of the members of the Turkish Grand National Assembly. Applications for annulment on the grounds of defect in form shall not be made more than ten days after the date on which the law was promulgated; nor shall objection be raised.
The President of the Republic, members of the Council of Ministers, presidents and members of the Constitutional Court, of the High Court of Appeals, of the Council of State, of the Military High Court of Appeals, of the High Military Administrative Court of Appeals, their Chief Public Prosecutors, Deputy Public Prosecutors of the Republic, and the presidents and members of the Supreme Council of Judges and Public Prosecutors, and of the Audit Court shall be tried for offences relating to their functions by the Constitutional Court in its capacity as the Supreme Court.
The Chief Public Prosecutor of the Republic or Deputy Chief Public Prosecutor of the Republic shall act as public prosecutor in the Supreme Court.
The judgements of the Supreme Court shall be final.
4
Article 149: Functioning and Trial Procedure
The Constitutional Court shall convene with its president and ten members, and shall take decisions by absolute majority. Decision of annulment of Constitutional amendments and closure in the cases of the political parties shall be taken by three-fifths majority.
The Constitutional Court shall give priority to the consideration of, and to decisions on, applications for annulment on the grounds of defect in form.
The organisation and trial procedures of the Constitutional Court shall be determined by law; its method of work and the division of labour among its members shall be regulated by the Rules of Procedure made by the Court.
5
Article 150: Annulment Action
6
Article 151: Time Limit for Annulment Action
7
Article 152: Contention of Unconstitutionality Before Other Courts
If the court is not convinced of the seriousness of the claim of unconstitutionality, such a 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 contention. If no decision is reached within this period, the trial court shall conclude the case under existing legal provisions. However, if the decision on the merits of the case becomes final, the trial court is obliged to comply with it.
8
Article 153: Decisions of the Constitutional Court
In the course of annulling the whole, or a provision, of laws or decrees having the force of law, the Constitutional Court shall not act as a law-maker and pass judgment leading to new implementation.
Laws, decrees having the force of law, or the Rules of Procedure of the Turkish Grand National Assembly 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 Turkish Grand National Assembly shall debate and decide with priority on the draft bill or law proposal, designed to fill the legal void arising from the annulment decision.
Annulment decisions cannot be applied retroactively.
B
Article 154: The High Court of Appeals
Members of the High Court of Appeals shall be appointed by the Supreme Council of Judges and Public Prosecutors from among first category judges and public prosecutors of the Republic, of the courts of justice, 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 division shall be elected by the Plenary Assembly of the High Court of Appeals 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 of the High Court of Appeals shall be appointed by the President of the Republic for a term of four years from among five candidates nominated for each office by the Plenary Assembly of the High Court of Appeals from among its own members by secret ballot. They may be re-elected at the end of their term of office.
C
Article 155: Council of State
The Council of State is the last instance for reviewing decisions and judgements 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.
The Council of State shall try administrative cases, give its opinion within two months of time on draft legislation, the conditions and the contracts under which concessions are granted concerning public services which are submitted by the Prime Minister and the Council of Ministers, examine draft regulations, settle administrative disputes and discharge other duties as prescribed by law.
Three-fourths of the members of the Council of State shall be appointed by the Supreme Council of Judges and Public Prosecutors from among the first category administrative judges and public prosecutors, or those considered to be of this profession; and the remaining quarter by the President of the Republic from among officials meeting the requirements designated by law.
The president, chief public prosecutor, deputy president, and heads of division 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. They may be re-elected at the end of their term of office.
D
Article 156: Military High Court of Appeals
Members of the Military High Court of Appeals shall be appointed by the President of the Republic from among three candidates nominated for each vacant office by the Plenary Assembly of the Military High Court of Appeals from among military judges of the first category, by secret ballot and by an absolute majority of the total number of members.
The president, chief public prosecutor, second presidents and heads of division of the Military High Court of Appeals shall be appointed according to rank and seniority from among the members of the Military High Court of Appeals.
E
Article 157: High Military Administrative Court of Appeals
Members of the High Military Administrative Court of Appeals who are military judges shall be appointed by the President of the Republic from a list of three candidates nominated for each vacant office by the president and members of the Court, who are also military judges, by secret ballot and by an absolute majority of the total number of such members, from among military judges of the first category; members who are not military judges shall be appointed by the President of the Republic from a list of three candidates nominated for each vacant office by the Chief of the General Staff from among officers holding the rank and qualifications prescribed by law.
The term of office of members who are not military judges shall not exceed four years.
The president, chief public prosecutor and head of division of the Court shall be appointed from among military judges according to rank and seniority.
F
Article 158: Court of Jurisdictional Disputes
The organisation of the Jurisdictional Court of Disputes the qualifications of its members and the procedure for their election, 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.
III
Article 159: Supreme Council of Judges and Public Prosecutors
The President of the Council is the Minister of Justice. The Undersecretary to the Minister of Justice shall be an ex-officio member of the Council. Three regular and three substitute members of the Council shall be appointed by the President of the Republic for a term of four years from a list of three candidates nominated for each vacant office by the Plenary Assembly of the High Court of Appeals from among its own members and two regular and two substitute members shall be similarly appointed from a list of three candidates nominated for each vacant office by the Plenary Assembly of the Council of State. They may be re-elected at the end of their term of office. The Council shall elect a deputy president from among its elected regular members.
The Supreme Council of Judges and Public Prosecutors shall deal with the admission of judges and public prosecutors of courts of justice and of administrative courts into the profession, appointments, transfers to other posts, the delegation of temporary powers, promotion, and promotion to the first category, the allocation of posts, decisions concerning those whose continuation in the profession is found to be unsuitable, the imposition of disciplinary penalties and removal from office. It shall take final decisions on proposals by the Ministry of Justice concerning the abolition of a court or an office of judge or public prosecutor, or changes in the jurisdiction of a court. It shall also exercise the other functions given to it by the Constitution and laws.
There shall be no appeal to any judicial instance against the decisions of the Council.
The functioning of the Council and methods of performing its duties, the procedure governing election and working methods, the principles relating to the examination of objections within the Council shall be regulated by law.
The Minister of Justice is empowered to appoint judges and public prosecutors with their consent, to temporary or permanent functions in the central offices of the Ministry of Justice.
IV
Article 160: Audit Court (As amended on May 22, 2004)

## Part Four: Financial and Economic Provisions
### Chapter One: Financial Provisions

I. Budget
A
Article 161: Preparation and Implementation of the Budget
The beginning of the fiscal year and the preparation and implementation of the general and subsidiary budgets shall be defined by law.
The law may prescribe special periods and procedures for investments relating to development plans, or for business and services expected to last more than one year.
B
Article 162: Debate on the Budget
The draft budgets and the reports shall be considered by the Budget Committee, which shall be composed of forty members. In the composition of this Committee, the proportional representation of the various political party groups and independent members in the Assembly, shall be taken into consideration subject to the allocation of at least twenty-five seats to members of the party or parties in power.
Draft budget, which shall be adopted by the Budget Committee within fifty-five days shall thereafter be considered by the Assembly and shall be decided on before the beginning of the fiscal year.
Members of the Turkish Grand National Assembly shall express their opinions on ministerial, departmental and subsidiary budgets during the debates held in Plenary Session on each budget as a whole; the various headings and motions for amendments shall be read out and put to the vote without separate debate.
C
Article 163: Principles Governing Budgetary Amendments
D
Article 164: Final Account
The draft final accounts shall be placed on the agenda of the Budget Committee together with the Draft Budget Act for the new fiscal year. The Budget Committee shall submit the draft Budget Act to the Plenary Assembly in conjunction with the draft final accounts; the Plenary Assembly shall consider, and decide on the draft final accounts in conjunction with the draft Budget Act for the new fiscal year.
E
Article 165: Auditing of State Economic Enterprises

### Chapter Two: Economic Provisions

I
Article 166.: Planning
Measures to increase national efficiency and production, to ensure stability in prices and balance in foreign trade transactions, to promote investment and employment, shall be included in the plan; investments, public benefit and requirements shall be taken into account; the efficient use of resources shall be aimed at. Development activities shall be realised according to this plan.
II
Article 167: Supervision of Markets and Regulation of Foreign Trade
III
Article 168: Exploration and Exploitation of Natural Resources
IV. Forests and the Inhabitants of Forest Villages
A
Article 169: Protection and Development of Forests
The ownership of state forests shall not be transferred to others. state forests shall be managed and exploited by the state in accordance with the law. Ownership of these forests cannot be acquired through prescription, nor shall servitude other than that in the public interest be imposed in respect of such forests.
Acts and actions which might damage forests shall not be permitted. No political propaganda which might lead to the destruction of forests shall be made; no amnesties or pardons specifically granted for offences against forests shall be legislated. Offences committed with the intention of burning or destroying forests or reducing forest areas shall not be included within the scope of amnesties or pardons applicable on other occasions.
B
Article 170: Protection of the Inhabitants of Forest Villages
The state shall take measures to facilitate the acquisition, by these inhabitants, of farming equipment and other inputs.
V
Article 171: Promotion of Cooperatives
The state shall take measures in keeping with national and economic interests, to promote the development of cooperatives, which shall be primarily designed to increase production and protect consumers.
A
Article 172: Protection of Consumers
B
Article 173: Protection of Small Traders and Craftsmen

## Part Five: Miscellaneous Provisions

I
Article 174: Preservation of Reform Laws
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.
Article 175: Amendment of the Constitution, Participation in Elections and Referenda
The consideration and adopting of proposals for the amendment of the Constitution shall be subject to the provisions governing the consideration and adoption of legislation, with the exception of the conditions set forth in this article.
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
Article 176: Preamble and Headings of Articles
III
Article 177.: Entry into Force of the Constitution
a. The provisions of Part II, Chapter II relating to personal liberty, to security, the press, publication and the media, and the right to freedom of assembly.
The provisions of Chapter III, relating to labour, collective agreements, the right to strike, and lockout.
These provisions shall come into force when the relevant legislation is promulgated, or when the existing legislation is amended, and at the latest, when the Turkish Grand National Assembly assumes its functions. However until their entry into force, existing legislation and the decrees and decisions of the Council of National Security shall apply.
b. The provisions of Part II relating to political parties and the right to engage in political activities, shall come into force on the promulgation of the new Political Parties Act, which is to be prepared in accordance with these provisions.
The right to vote and stand for election shall come into force on the promulgation of the Elections Act, also to be prepared in accordance with these provisions.
c. The provisions of part III, relating to legislative power:
These provisions shall come into force on the proclamation of the results of the first general elections. However, the provisions relating to the functions and powers of the Turkish Grand National Assembly which take place in this section shall be exercised by the Council of National Security until the Turkish Grand National Assembly assumes its functions, the provisions of Act No. 2485 of 29 June 1981 on the Constituent Assembly being reserved.
d. The provisions of Part III relating to the functions and powers of the President of the Republic and to the State Supervisory Council under the heading “President of the Republic”; to regulations, National Defence, procedures governing emergency rule under the heading “Council of Ministers”; to all other provisions under the heading “Administration”, except local administration, and except the Atatürk High Institution of Culture, Language and History; and all the provisions relating to the judiciary, except the Courts of the Security of the State, shall come into force on publication in the Official Gazette of the adoption by referendum of the Constitution. The provisions relating to local administrations and to the Courts for State Security shall come into force on the promulgation of the relevant legislation.
e. If new legislation, or amendments to existing legislation are required in connection with the constitutional provisions which are to come into force on the proclamation of the adoption by referendum of the Constitution or in connection with existing or future institutions, organisations and agencies, the procedure to be followed shall be subject to those provisions of existing laws which are not unconstitutional, or to the provisions of the Constitution, in accordance with Article 11 of the Constitution.

## 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.)