| The Constitution of the Republic of Turkey |
| Oleshka | Дата: Monday, 06.07.2009, 01:57 | Сообщение # 46 |
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| III. Supreme Council of Judges and Public Prosecutors ARTICLE 159. The Supreme Council of Judges and Public Prosecutors shall be established and shall exercise its functions in accordance with the principles of the independence of the courts and the security of tenure of judges. 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 reelected at the end of their term of office. The Council shall elect a deputy president from among its 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. The Minister of Justice may, in cases where delay is deemed prejudicial, confer temporary powers on judges or public prosecutors to prevent the disruption of services, subject to the approval of the Supreme Council of Judges and Public Prosecutors at its first meeting thereafter. IV. Audit Court ARTICLE 160. The Audit Court shall be charged with auditing, on behalf of the Turkish Grand National Assembly, all the accounts relating to the revenue, expenditure and property of government departments financed by the general and subsidiary budgets, with taking final decisions on the acts and accounts of the responsible officials, and with exercising the functions required of it by law in matters of inquiry, auditing and judgement. Parties concerned may file a single request for reconsideration of a final decision of the Audit Court within fifteen days of the date of written notification of the decision. No applications for judicial review of such decisions shall be filed in administrative courts. In the event of a dispute between the Council of State and the Audit Court concerning decisions on matters of taxation or similar financial obligations and duties, the decision of the Council of State shall take precedence. The organisation, functioning and auditing procedure of the Audit Court, the qualifications, appointment, duties and powers, rights and obligations of its members, other matters relating to their personnel status, and the security of tenure of the President and members shall be regulated by law. The procedure for auditing, on behalf of the Turkish Grand National Assembly, of State property in possession of the Armed Forces shall be regulated by law in accordance with the principles of secrecy required by National Defence.
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| Oleshka | Дата: Monday, 06.07.2009, 01:58 | Сообщение # 47 |
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| PART FOUR FINANCIAL AND ECONOMIC PROVISIONS CHAPTER ONE FINANCIAL PROVISIONS I. Budget A. Preparation and Implementation of the Budget ARTICLE 161. The expenditures of the State and those of public corporations other than state economic enterprises shall be determined by annual budgets. 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. No provisions other than those pertaining to the budget shall be included in the Budged Act. B. Debate on the Budget ARTICLE 162. The Council of Ministers shall submit the draft of general subsidiary budgets and the report containing the national budgetary estimates to the Turkish Grand National Assembly at least seventy-five days before the beginning of the fiscal year. 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. The 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. During debates in the plenary session on the draft Budget Act, members of the Turkish Grand National Assembly shall not make proposals which entail an increase in expenditure or a decrease in revenue. C. Principles Governing Budgetary Amendments ARTICLE 163. The appropriations granted under the general and subsidiary budgets shall indicate the limit of expenditure allowed. No provisions shall be included in the budget to the effect that the limit of expenditure may be exceeded in pursuance of a decision of the Council of Ministers. The Council of Ministers shall not be empowered to amend the budget by a decree having force of law. In draft amendments entailing an increase in appropriations under the budget for the current fiscal year and, in draft laws and law proposals providing for additional financial commitments in the budgets for the current or following year, the financial resources which would meet the stated expenditure shall be indicated. D. Final Account ARTICLE 164. Draft final accounts shall be submitted to the Turkish Grand National Assembly by the Council of Ministers within seven months of the end of the relevant fiscal year, unless a shorter period is prescribed by law. The Audit Court shall submit its notice of conformity to the Turkish Grand National Assembly within seventy-five days of the submission of the draft final accounts in question. 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. The submission of the draft final accounts and the notice of conformity to the Turkish Grand National Assembly shall not prelude the auditing of accounts for the relevant year which have not already been dealt with by the Audit Court and shall not indicate that a final decision has been taken on these accounts. E. Auditing of State Economic Enterprises ARTICLE 165. The principles governing the auditing, by the Turkish Grand National Assembly of the accounts of public establishments and partnerships in which more than half of the capital directly or indirectly belongs to the State, shall be regulated by law.
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| Oleshka | Дата: Monday, 06.07.2009, 02:01 | Сообщение # 48 |
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| PART FOUR CHAPTER TWO ECONOMIC PROVISIONS I. Planning ARTICLE 166. The planning of economic, social and cultural development, in particular the speedy, balanced, and harmonious development of industry and agriculture throughout the country, and the efficient use of national resources on the basis of detailed analysis and assessment and the establishment of the necessary organisation for this purpose are the duty of the State. Measures to increase national thriftiness and production, to ensure stability in prices and balance in foreign trade transactions, to promote investment and employment, shall be included in the plan; in 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. The procedure and principles governing the preparation of development plans, their approval by the Turkish Grand National Assembly, their implementation and their revision, and of the prevention of amendments liable to affect the unity of the plan shall be regulated by law. II. Supervision of Markets and Regulation of Foreign Trade ARTICLE 167. The State shall take measures to ensure and promote the sound, orderly functioning of the money, credit, capital, goods and services markets; and shall prevent the formation, in practice or by agreement, of monopolies and cartels in the markets. In order to regulate foreign trade for the benefit of the economy of the country, the Council of Ministers may be empowered by law to introduce or lift additional financial impositions on imports, exports, and other foreign transactions, in addition to tax and similar impositions. III. Exploration and Exploitation of Natural Resources ARTICLE 168. Natural wealth and resources shall be placed under the control and at the disposal of the State. The right to explore and exploit them belongs to the State. The State may delegate this right to individuals or public corporations for specific periods. Of the natural wealth and resources, those to be explored and exploited by the State in partnership with individuals or public corporations, and those to be directly explored and exploited by individuals or public corporations shall be subject to the explicit permission of the law. The conditions to be observed in such cases by individuals and public corporations, the procedure and principles governing supervision and control by the State, and the sanctions to be applied shall be prescribed by law.
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| Oleshka | Дата: Monday, 06.07.2009, 02:09 | Сообщение # 49 |
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| IV. Forests and the Inhabitants of Forest Villages A. Protection and Development of Forests ARTICLE 169. The State shall enact the necessary legislation and take the necessary measures for the protection of forests and the extension of their areas. Forest areas destroyed by fire shall be reforested; other agricultural and stock breeding activities shall not be allowed in such areas. All forests shall be under the care and supervision of the State. 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. Act 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 to be 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 on other occasions. The restraining of forest boundaries shall be prohibited, except in respect of areas whose preservation as forests is considered technically and scientifically useless, but whose conversion into agricultural land has been found definitely advantageous, and in respect of fields, vineyards, orchards, olive groves, or similar areas which technically and scientifically ceased to be forest before 31 December 1981 and whose use for agricultural or stock breeding purposes has been found advantageous, and in respect of built up areas in the vicinity of cities, towns, or villages. B. Protection of the Inhabitants of Forest Villages ARTICLE 170. Measures shall be introduced by law to secure cooperation between the State and the inhabitants of villages located in or near forests in the supervision and exploitation of forests for the purpose of ensuring their conservation and improving the living conditions of their inhabitants; the law shall also regulate the development of areas which technically and scientifically ceased to be forests before 31 December 1981, the identification of areas whose preservation as forest is considered technically and scientifically useless, their exclusion from forest boundaries, their improvement by the State for the purpose of settling all or some of the inhabitants of forest villages in them, and their allocation to these villages. The State shall take measures to facilitate the acquisition, by these inhabitants, of farming equipment and other inputs. The land owned by villager resettled outside a forest shall immediately be reforested as a state forest. V. Promotion of Cooperatives ARTICLE 171. 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. Cooperatives shall be subject in all respects to the supervision and inspection of the State, and shall not engage in political activities and shall not cooperate with political parties. VI. Protection of Consumers, Small Traders, and Craftsmen A. Protection of Consumers ARTICLE 172. The State shall take measures to protect and inform consumers; shall encourage their initiatives to protect themselves. B. Protection of Small Traders and Craftsmen ARTICLE 173. The State shall take measures to protect and support small traders and craftsmen.
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| Oleshka | Дата: Monday, 06.07.2009, 02:10 | Сообщение # 50 |
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| PART FIVE MISCELLANEOUS PROVISIONS I. Preservation of Reform Laws ARTICLE 174. No provision of the Constitution shall be construed or interpreted as rendering unconstitutional 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, and which were in force on the date of the adoption by referendum of the Constitution of Turkey. 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 Convents 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.
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| Oleshka | Дата: Monday, 06.07.2009, 02:11 | Сообщение # 51 |
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| 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 he took 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 Council of National Security 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 filling 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 immunity 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.
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| Oleshka | Дата: Monday, 06.07.2009, 02:12 | Сообщение # 52 |
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| The following 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 Ataturk, 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 specific 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 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. Provisional Article 4 of the Constitution of the Republic has been abolished with a referendum held on 6 September 1987, in accordance with Law No: 3361 of 17 May 1987 and Law No: 3376 of 23 May 1987. The results of the referendum are published in the Official Gazette No: 19532, dated 12 September 1987. PROVISIONAL ARTICLE 5. On the tenth day following the 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 hrs. 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 any Constitutional amendments adopted by the Assembly. In this case the resubmission 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.
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| Oleshka | Дата: Monday, 06.07.2009, 02:12 | Сообщение # 53 |
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| 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 functions 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. 2575 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. No allegation of unconstitutionality shall be made in respect of decisions or measures taken under laws or decrees having force of law enacted during this period or under Act No. 2324 on the Constitutional Order. 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 on 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.
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| Oleshka | Дата: Monday, 06.07.2009, 02:13 | Сообщение # 54 |
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| PART SEVEN FINAL PROVISIONS I. Amendment of the Constitution, Participation in Election and Referendum: ARTICLE 175. The constitutional amendment shall be proposed in writing by at lest one-third of the total number of members of the Turkish Grand National Assembly. Proposals to amend the Constitution shall be debated twice in the plenary session. The adoption of a proposal for an amendment shall require a three-fifths majority of the total number of members of the Assembly by a secret ballot. 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. The President of the Republic may refer the laws related to the Constitutional amendments for further consideration. If the Assembly adopts the draft law referred by the President by a two-thirds majority, the President may submit the law to referendum. 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 will 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 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 promulgated in the Official Gazette. Laws related to Constitutional amendment which are submitted for referendum shall require the approval of more than half of the valid votes casted. 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, by- and local elections. II. Preamble and Headings of Articles ARTICLE 176. The Preamble, which states the basic views and principles underlying the Constitution, shall form an integral part of the Constitution. The headings of articles merely indicate the subject matter of the articles, their order, and the connections between them. These headings shall not be regarded as a part of the text of the Constitution.
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| Oleshka | Дата: Monday, 06.07.2009, 02:16 | Сообщение # 55 |
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| III. Entry into Force of the Constitution ARTICLE 177. On its adoption by referendum and its publication in the Official Gazette, this Constitution shall become the Constitution of the Republic of Turkey and shall come into force in its entirety, subject to the following exceptions and the provisions relating to their entry into force: a. The provisions of Part II, Chapter II relating to personal liberty and security, the press, publication and the media, and the right and 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 Ataturk High Institution of Culture, Language, and History; and all the provisions relating to the judiciary power, except the Courts of the Security of the State, shall come into force on the publication in the Official Gazette of the adoption by referendum of the Constitution. The provisions relating to the President of the Republic and the Council of Ministers which do not come into force shall come into force when the Turkish Grand National Assembly assumes its functions, and the provisions relating to local administrations and to the Courts of the Security of the State 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. The second paragraph of Article 164 regulating the procedure for the consideration of draft final accounts shall come into force in 1984. Law Amending Articles 67, 75, 175 and Abolishing Article 4 of the Constitution of the Republic of Turkey as Law No: 2709 dated 7 November 1982.
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| Oleshka | Дата: Monday, 06.07.2009, 02:17 | Сообщение # 56 |
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| Law No. 3361 Date: 17 May 1987 ARTICLE 1. Clause 3 of Article 67 of the Constitution of the Republic of Turkey has ben amended as follows: All Turkish citizens entering the age of 20 in the year of election and referendum shall have the right to vote in elections and take part in a referendum, the months and days of the age not taken into account. ARTICLE 2. Article 75 of the Constitution of the Republic of Turkey has been amended as follows: The Turkish Grand National Assembly shall be composed of four hundred and fifty deputies elected by universal suffrage by the nation. ARTICLE 3. Article 175 of the Constitution of the Republic of Turkey has been amended as follows: Amendment of the Constitution, Participation in Elections and Referendum: The constitutional amendment shall be proposed in writing by at lest one-third of the total number of members of the Turkish Grand National Assembly. Proposals to amend the Constitution shall be debated twice in the plenary session. The adoption of a proposal for an amendment shall require a three-fifths majority of the total number of members of the Assembly by a secret ballot. 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. The President of the Republic may refer the laws related to the Constitutional amendments for further consideration. If the Assembly adopts the draft law referred by the President by a two-thirds majority, the President may submit the law to referendum. 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 will 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 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 promulgated 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 casted. 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, by- and local elections. ARTICLE 4. Provisional Article 4 of the Constitution of the Republic of Turkey has been abolished. This provision shall go into effect upon approval by a referendum which will be held according to the provisions of Article 175 as revised by law. Validity: ARTICLE 5. Article 2 of this Law and the amendment made in Article 75 of the Constitution shall go into effect in the first general election for the Turkish Grand National Assembly to follow. Other provisions shall go into effect upon the promulgation of this Law. THE END
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