T.C. Roma Büyükelçiliği

Ambasciata    di Turchia -

The Constitution of the Republic of Turkey

Work on the first constitution in Turkey began 140 years ago. The first constitution in Turkey, the “Kanun-i Esasi”, went into effect in 1876, during the final period of the Ottoman Empire. This was followed by another constitution entitled “Teşkilat-ı Esasiye Kanunu” which went into effect in 1921. The 1924 Constitution established the Republic of Turkey. Another constitution was prepared in 1961, and in 1982 the current constitution was promulgated.

In the 1961 Constitution, the Republic of Turkey adopted the “principle of the separation of powers”, which is the basic constitutional requirement. In addition, constitutional adjudication was anticipated. Provisions for a Constitutional Court were also included in the Constitution. Thus, the principle that laws cannot be unconstitutional became functional.

The Constitution of the Republic of Turkey states that “sovereignty is vested fully and unconditionally in the nation”. The people exercise their sovereignty directly through elections and indirectly through authorized organs within the framework of the principles laid down in the Constitution. These organs consist of the legislative, executive, and judiciary branches of the government. Legislative power is vested in the Turkish Grand National Assembly, which is the supreme power in the land, and cannot be delegated. Executive power and functions are exercised and carried out by the President and the Council of Ministers. Judiciary power is exercised by independent courts.

Turkey is a social and democratic state of law which has adopted the “principle of the separation of powers” in its Constitution. This principle which presupposes the supremacy of the law, gives the    Constitutionaladopted the Court legislative power and administrative courts executive power.

The principle of national sovereignty of the first Constitution is fully accepted
on April 20, 1924

The current TGNA was inaugurated on January 6, 1961.
It is one of the largest parliament buildings in the world

Fundamental Rights and Freedoms. The Constitution of the Republic of Turkey contains all the fundamental rights and freedoms that pertain to the norms of natural and contemporary rules. It is stated in the Constitution that every Turkish citizen has the right to exercise the fundamental rights and freedoms set forth in the Constitution according to the requirements of equality and social justice, in order to lead a dignified life within the national culture, civilization and legal system as well as the right and authority to develop one’s material and spiritual being to this end. It is emphasized that the Republic of Turkey is a state which respects human rights. The state has been given the duty of removing political, economic and social obstacles which limit the fundamental rights and freedoms of the individual, which are not in accord with the principles of a social legal state and justice, and to attempt to prepare the necessary conditions for developing the physical and spiritual well-being of the people. The State has been given the duty and is obliged to provide for the family unity of Turkish citizens who work in foreign countries, to educate their children, and to fulfill their cultural needs and social security.

It is emphasized that everyone has basic rights and freedoms, which are inviolable, untransferable and unrenounceable, and that the individual has certain duties and responsibilities towards the society, his/her family and other individuals. Furthermore, fundamental rights dictate the following: an individual has the right to life and the right to develop his/her material and spiritual entity; the physical integrity of the individual shall not be violated except under medical necessity and written consent; no one shall be subjected to torture or torment; no one shall be sentenced to punishment incompatible with human dignity, and no one shall be subjected to forced labor.

In addition, within the context of fundamental rights and freedoms, the following have been regulated and guaranteed by the Constitution: the inviolability of the home, the freedom of communication, the freedom of travel, the freedom of religion and conscience, the freedom of thought and opinion, the freedom of expression and dissemination of thoughts, the freedom of science and arts, the freedom of the press, the freedom of forming a group with an organized structure, the right to hold meetings and demonstration marches and the right of property. Everyone has individual freedom and security. The secrecy of private life is essential and everyone has the right to request that respect is shown to his/her private and family life.

The protection of family and youth, the right and the duty of education and training, the freedom to work and sign contracts, union rights, fair wages, the right to live in a healthy and stable environment, the right to own property, the right to social security, and the protection of art and the artist, are all provisions of the Constitution since they are the outcome of social and economic rights pertaining to contemporary justice. In addition, the right to elect and be elected, the duty to pay tax, and the duty to serve in the military, and the right of petition are political and economic rights which have been regulated and secured.

The Constitution states that everyone is equal before the law. Discrimination cannot be made among individuals because of language, religion, sect, race, color, sex, political opinion, philosophical belief and similar reasons. No privilege can be granted to any individual, family, group or class. With the condition that they take the national unity, territorial integrity, sovereignty and the independence of the Republic of Turkey into consideration, foreigners also have the same rights and freedoms.

Atatürk arriving at the TGNA opening session ceremony on November 1, 1937 with TGNA Chairman Abdülhalik Renda and Chief of the General Staff Fevzi Çakmak

Rules related to the limitation of fundamental rights and freedoms in the Constitution are in conformity with universal rules. Fundamental rights and freedoms can be limited with the objective of protecting the unity of the country and the nation, national sovereignty, the Republic, public order and interests, national and general security and general morality, health and for special reasons stated in the Constitution. However, this limitation cannot be in violation of the necessities of a democratic societal structure and cannot be used outside of the objectives envisaged. It is the core of freedom that forms the limits of these limitations.

It is stated in the Constitution that fundamental rights and freedoms cannot be used with the objective of violating the integrity of the country and nation, of endangering the existence of the Turkish State and Republic, of destroying the fundamental rights and freedoms of others, of placing the government of the State under the control of an individual or a group of people, or of establishing the hegemony of one social class over others, or of creating discrimination on the basis of language, race, religion or sect, or of establishing, by any other means, a system of government   based    on    these    concepts    and   ideas. Furthermore, the fundamental rights and freedoms of an individual are also protected against the illegal interventions of the State.

Some of the provisions of international agreements and declarations have been reflected in the Constitution, and some have even formed the basis for certain articles. Thus, international control on the subject of human rights was adopted. Some of these agreements and declarations are as follows: the UN Universal Human Rights Declaration enacted in 1949; the European Charter on Human Rights and the Protection of Fundamental Freedom ratified in 1954; the right for individual application by Turkish citizens to the European Commission for Human Rights was recognized in 1987, and the compulsory judicial power of the European Court of Human Rights was recognized in 1989.

Foundations of the State System. According to the Constitution of the Republic of Turkey, Turkey is a republic. It is a democratic, secular and social state governed by the supremacy of law, respecting human rights and committed to the nationalism of Atatürk. The democracy adopted by the Constitution is a representative democracy. No individual or organ can use any State authority which does not originate from the Constitution.

The “unitary state” model and the principle of a “single people” are essential. The nation is “single”, the country is “whole”, and the State is “one”.

According to the principle of secularism, the basic social, economic, political and legal system of the State may not even partially depend on religious rules; and religion, religious beliefs and objects which are considered to be sacred by a religion cannot be abused in any manner whatsoever, with the objective of obtaining political or personal advantages or influence.

The principle of a social state is a contemporary component which completes the traditional principle of the legal state. This principle has assigned the State to protect individuals who are socially weak against the socially strong and to provide social justice and social security.

Amendment of the Constitution. The Constitution has decrees which cannot be amended and cannot even be proposed to be amended. The decrees related to the Turkish State being a Republic, the precepts on which the state system is based, the unitary structure of the state, the design of its flag, the national anthem, and that Turkish is the official language and the capital of Turkey is Ankara are such decrees.

To make an amendment to the Constitution, it is necessary that there be a written proposal from a minimum of one third of the total number of members of the Turkish Grand National Assembly (TGNA); the Parliamentary General Assembly should discuss the proposal twice and the proposal should be accepted by a majority of three-fifths of the total number of members of parliament in a secret ballot. The President has the authority to send the laws related to amendments to the Constitution back to the Parliament to be discussed once more, and to present them to a referendum.

The TGNA made the last amendment to the  Article 38 of the Constitution on October 3, 2001. Article 38 related to fundamental rights and freedoms was amended within the framework of the European Human Rights Charter, and the issues leading to the closure of political parties were rewritten; the period of custody was shortened to four days at the most; freedoms pertaining to belief, thought and expression were expanded; it was accepted that no citizen should be prevented from using different languages, dialects or accents in their daily lives; the prerequisite for a written warrant to enter and search domiciles and seize property was approved; the right of a citizen to freely travel abroad regardless of the economic situation of the country was accepted; foreigners residing in Turkey were granted the right to petition on a reciprocal basis with their respective home countries; and it was decreed that the death penalty shall not be carried out except for crimes of terrorism and during times of war.

On December 27, 2002, the Article 76 of the Constitution was amended and the phrase “ideological and anarchic actions” was replaced with the phrase “terrorist actions”. A fifth clause was added to the Article 87: “if a province or region is not represented in the Parliament, or the relevant seat is vacated for some reason, within ninety days of this occurrence, on the first Sunday, a by-election will be held”.

Fundamental Organs of the State

Legislative Organ. According to Article 7 of the Constitution, legislative power is vested in the TGNA on behalf of the Turkish people, and this right is nondelegable. The Turkish Grand National Assembly (TGNA) is composed of 550 deputies elected once every five years. The Parliament can decide to hold new elections before  its term is completed, or to postpone elections for a year in case of war or to have an early election. The President, based on his constitutional authority, may also decide to hold new elections. In case a vacancy occurs in the TGNA, a by-election may be held. By-elections shall be held once in every election term. A by-election shall not be held within one year before the general election.

The election of deputies shall be carried out according to the principles of freedom, equality, secret ballot, single stage, general vote with open counting and documentation. Elections are held under the general administration and supervision of the judicial organs. Every Turkish citizen who is over eighteen years of age has the right to vote, and every Turkish citizen over the age of thirty, who has completed his/her primary school education, has the right to be elected. The method of election is determined by law.

Members of parliament at a General Assembly session

Deputies represent the entire nation and when they begin their duties, they take an oath, the text of which is included in the Constitution. Deputies have legal immunity regarding their votes and their thoughts, which they verbally express. The Parliament has the authority to lift this immunity and to dismiss a deputy from his duties. The deputies may apply to the Constitutional Court to counter these decisions.

The TGNA, besides its special functions and authorities provided by the Constitution, adopts, amends and abrogates the laws; supervises the Council of Ministers and ministers; gives authority to the Council of Ministers to promulgate decrees having the force of law, and adopts the budget and final account draft laws. Furthermore, making decisions for declaring war, martial law or emergency rule; approving the signing of international agreements are also among the functions and authorities of the TGNA.

The Turkish Grand National Assembly carries out its activities through commissions in accordance with the internal regulations prepared by itself and the Constitution. Commissions are formed according to various subjects of expertise. The commissions engage in preparatory activities, but the final word belongs to the General Assembly of the Parliament. Every citizen can apply or file a complaint with the Petition Commission.

Executive Organ. The executive organ is composed of the President and the Council of Ministers. The higher education institutions, the public professional institutions, the Turkish Radio and Television Corporation, the Atatürk Cultural, Linguistic and Historical Supreme Council and Directorate of Religious Affairs are within the executive organ.

President. The President is the head of the state. He/she represents the Republic of Turkey and the unity of the Turkish Nation. A president is elected from among individuals who are at least forty years of age, deputies who have received higher education or Turkish  citizens  who  are qualified to be elected as a deputy. He/she is selected by the TGNA by secret ballot and with a two-thirds majority of the total number of parliament members. The term of office is seven years.

The President ensures the implementation of the Constitution and the regular and harmonious functioning of the organs of State. In the legislative field, the President’s duties are to convene the TGNA when necessary; to promulgate laws and when deemed necessary to return laws to Parliament to be reconsidered; to hold a referendum for constitutional amendments when he/she considers it necessary; to file a suit at the Constitutional Court claiming that there are violations of the Constitution related to laws and decrees having the force of law and the Internal Regulations of the Parliament, and to call new TGNA elections when the necessity arises. His/her functions in the executive field are quite comprehensive. He/she appoints the Prime Minister, and the ministers upon the proposals of the Prime Minister; sends representatives of the Turkish State to foreign countries, receives representatives of foreign states, and ratifies and promulgates international agreements. Furthermore, he/she functions as the head of the National Security Council and the Council of Ministers when necessary; signs decrees; commutes or pardons the sentences of certain convicts if the conditions are met, and appoints or selects the members of the State Supervisory Council, the Higher Education Council and university rectors. The President’s functions related to the judiciary are limited to selection of members of the Supreme Courts.

Council of Ministers. The Council of Ministers is composed of the Prime Minister and the ministers. The Prime Minister is appointed by the President from among the members of parliament and the ministers are chosen by the Prime Minister from among the deputies or those eligible for election as deputies and they are appointed by the President. Ministers can be dismissed from their duties by the President, upon the proposal of the Prime Minister, when deemed necessary.

When the Council of Ministers, which is responsible for the policy of the government, is formed, the government’s program is read out in the TGNA and a vote of confidence is taken. After obtaining a vote of confidence, the government begins its duties.

The National Security Council, presided over by the President, is composed of the Prime Minister, the Chief of the General Staff, the Minister of National Defense, the Minister of the Interior, the Minister of Foreign Affairs, commanders of the Army, Navy and the Air Force and the General Commander of the Gendarmerie. Under the amendment to the constitution dated October 3,  2001,  the number of civilians in the council was increased with the addition of three deputy prime ministers and the Minister of Justice. The Council makes decisions related to the determination, establishment and application of national security policy. It informs the Council of Ministers about these decisions. The Council of Ministers gives priority to the decisions of the National Security Council.

The Presidents of the Republic of Turkey

Mustafa Kemal Atatürk
(1923-1938)

Judicial Power. Judicial power in Turkey is exercised by independent courts and supreme judiciary organs. With the principle of the legal state as a basis, the independence of the courts and the judges, and the guarantee of the judges’ rights are established. Court hearings are open to everyone, except the closed sessions which are decided in special circumstances. In crime and punishment, the fact that the responsibility for the punishment is individual and the presumption that the individual is innocent until proven guilty are valid. Everyone has the freedom to seek his/her rights before a judge.

Functionally, a tripartite judicial system has been adopted by the Constitution, and according to this, the judiciary system has been separated in the form of administrative judiciary, legal judiciary and special judiciary. The military courts and the State Security Courts are special judiciary organs. In 1999 with the amendment of Article 143 of the Constitution, the structure of the State Security Courts was changed and they were transformed into new bodies composed entirely of civilian judges and public prosecutors. With another amendment to Article 125 of the Constitution in the same year, in cases of disputes concerning charters and contracts for public services, the path has been opened to take the cases to international arbitration.

The Constitutional Court, the Supreme Court of Appeals, the Council of State, the Supreme Military Court of Appeals, the Supreme Military Administrative Court and the Court of Jurisdictional Disputes are the high courts mentioned in the judicial section of the Constitution.

Constitutional Court. The basic function of the Constitutional Court is to protect and develop human rights and basic freedoms and to examine the constitutionality concerning both the form and substance of laws, decrees that have the force of law, and the Rules of Procedure of the TGNA. The Court only supervises the form of the amendment to the Constitution.

It judges, with its capacity as the High Tribunal, the President, members of the Council of Ministers, supreme courts, the chairman and members of the Supreme Council of Judges and Public Prosecutors and of the Supreme Council of Public Accounts,  the  Chief  Prosecutors  and  the Deputy Republic Chief Prosecutor, for crimes related to their offices. It examines cases advocating the closure of political parties and the requests of the Republic Chief Prosecutor of the Supreme Court of Appeals to warn the political parties. It audits the finances of the political parties. It examines the TGNA decisions to revoke the immunities of deputies, or to dismiss the members of parliament. It designates the President and the Deputy President of the Jurisdictional Disputes Court.

Chairman and members of the Constitutional Court at a meeting

The President, the parliamentary groups of the party in power, the main opposition party and a minimum of one fifth of the total number of members of the TGNA have the right to apply to the Constitutional Courtfor an annulment action. Furthermore, if a court trying a case finds that the law to be practiced is unconstitutional, or if it is convinced of the seriousness of a claim of unconstitutionality submitted by one of the parties, it can file a lawsuit at the Constitutional Court.

The Constitutional Court is composed of eleven regular and four substitute members. The decisions are made by convening the eleven members. The members are designated according to special procedures and quotas from among the members of the Supreme Court of Appeals, the Council of State, the Supreme Military Court of Appeals, the Supreme Military Administrative Court, the chairman and the members of the Supreme Council of Public Accounts, university professors, and high-level administrators and lawyers.

Decisions of the Constitutional Court are final. These decisions cannot be amended in any manner and their execution cannot be delayed, and they apply to all legal, legislative and judiciary organs, administrations, real and corporate bodies.

The Legal System

The legal system of the Republic of Turkey is provided by the laws and the procedures of the executive organs (regulations, statutes, decrees) dictated by the Constitution. Furthermore, the administration contributes to providing for this system with some regulatory procedures such as general written notices, circulars, and budget application directives. The regulatory procedures of the executive organs and the administration include all the organizations of the State. They can also be related to specific subjects, institutions, local administrations and autonomous organizations.

The Constitution states that the international agreements which are put into effect by the government are legal decrees, and it is not possible to apply to the Constitutional Court with the claim that these agreements are in violation of the Constitution. It has been provided that, international agreements, which are put into effect by the government by adopting a legal decree, be applied directly by internal law.

In the early years of the Republic, it was accepted that it would be suitable to benefit from western sources with some modifications required by the conditions of the country since the creation of a legal system, which is in conformity with the basic philosophy of the Republic, would take a long time. Thus, the Civil Code and the Law of Obligations, are based on the Swiss Civil Code; the Code of Civil Trials Procedure is based on the Swiss Code of Procedure; the Criminal Code is based on the Italian Criminal Code; the Code of Criminal Trials Procedure is based on the German Code of Criminal Trials Procedure; and the Commercial Code is based on  the German, British, Japanese and Brazilian codes. Rules in these codes which were not in conformity with the current conditions have been amended over time and some laws were reformulated in conformity with the universal norms and circumstances of the country.

Members of the Supreme Courts at Anıtkabir
(Atatürk’s Mausoleum)

A court trial

The universal principles of criminal law have been included in the Criminal Code as well as in the Constitution. No one can be punished for an action which was not considered a crime by the laws in force at the time the action was committed, and the judge, in a criminal case, cannot make judgments by making comparisons to other cases. If the law, when a crime was committed is different from the law which has gone into effect later, then the law which is in favor of the accused is applied. No one can be considered guilty until legally proven guilty. The responsibility for punishment is personal. Individual freedom can only be limited by law. Only the judge can make decisions related to the arrest and duration of arrest. People who are arrested are informed of the reason, and their close relatives are informed. In accordance with the amendment to the Constitution dated October 3, 2001, a person who is caught or arrested appears before a judge within 48 hours and in crimes in which there is more than one person concerned, this period is four days. Both these periods do not include the time necessary to bring the person to the house of detention or the nearest court.

Everyone has the right to claim or defend his/her rights as the plaintiff or defendant in the courts. This is a right determined in the Constitution and is an important element of the principle of a legal state. No one can be taken in front of another authority other than the court to which he/she is legally bound. The right to judge has been given only to independent judges. Judges and public prosecutors carry out their duties for judicial and administrative judgments. Judges and public prosecutors, in principle, cannot be forced  to retire until they  are  67  years old, and if they do not request it themselves, they cannot be dismissed and neither can they be deprived of their salaries, allocations and other employee rights, even when a court or its permanent staff position is abolished.

Judicial cases have two stages. Judicial cases are judged at courts of the first degree, such as the minor courts for petty offenses, and courts of first instance, excluding courts with special functions. The courts with special functions are: the High Criminal Courts, Labor Courts, Children’s Courts, Traffic Courts, Cadastre Courts, Commercial Courts and the State Security Courts. The authority for an appeal in judicial cases is the Supreme Court of Appeals. The Supreme Court of Appeals is composed of the criminal and civil departments. Furthermore, there are Criminal and Civil General Committees. There are no intermediate courts of appeal in Turkey.

The Constitution foresees military judgment in cases involving military personnel. The cases are judged at the military courts and as the authority of appeal; the Supreme Military Court of Appeals makes the final examination.

Since it is noted, that the ward system based on the common utilization of living space in prisons and jails have resulted in negative circumstances regarding the rehabilitation especially of prisoners serving sentences for acts of terrorism, F-type prisons are used. The F-type prisons are constructed with the idea of preserving a more “individual” living space. In these prisons, three inmates at most are assigned a single room.

Individual and Public Administration. It is stated in the Constitution that the judiciary is open in response to all types of actions and procedures of the administration as a requirement of the principle of the legal state. However, the procedures which the President will carry out alone, the Supreme Military Council decisions and the Supreme Court of Judges and Public Prosecutors’ decisions have been excluded from judicial supervision.

The administrative courts judge cases filed against actions and procedures of the administration. The administrative courts also have two degrees. The administrative and tax courts are the courts of first degree and the Regional Administrative Courts are the upper degree courts for some cases. They judge as the first and final degree court in cases filed against administrative actions and procedures. The authority for an appeal in administrative cases is the Council of State.

The establishment of a Supreme Military Administrative Court is foreseen in the Constitution. This supreme court is the first and final degree court for procedures made by military authorities or even if they are not made by military authorities, for disputes that arise from administrative actions and procedures related to military service and which concern military personnel.

The Unitary Structure of the State and Administration

Turkey experienced a long, hard struggle to attain its national freedom and become an autonomous state. The National War of Independence is a struggle to attain sovereignty and freedom. The Misak-ı Milli accepted during this war defined the borders of the state and marked the national structure of the country. The people living in Anatolia, which is the most culturally rich mosaic of history and the cradle of many civilizations, participated wholly in the National War of Independence with their belief in freedom. Taking into consideration this historical fact, the Constitution determines the everlasting existence of the Turkish nation, country and the indivisible integrity of the state. The Constitution also determines the type of government formed in accordance with historical, social, economic, geographical and cultural factors.

The administration in Turkey has been organized in the form of the central administration and local administrations. There is a unity  of  the  legislative,  executive,  and  judicial branches and the code of laws in the State. The central administration provides this unity. The central administration is composed of the Prime Ministry and the other ministries. The Republic of Turkey has adopted a unitary state model with local administrations, not a model of a centralized, single-structured unitary state. The administrative services of the country are carried out by individuals elected by the people in the different regions besides the central administration. Local administration organizations such as the provincial special administrations, municipalities and villages have their own public juristic personality, duties and authority and assets which are separate from the State. However, the fact that the local administration model has been adopted does not influence the singular structure of the State, because the local administration organizations are governed by the laws put into effect by the central administration and continue their activities within the framework of these laws. A supervisory application called “administrative guardianship” has been adopted so that party interests will not dominate the activities of the local administration organizations and so that they do not engage in procedures which are in violation of equality.

Local administrations focus on environmental planning activities for parks, gardens and promenade areas

The number of parks in Turkey is increasing everyday

Election System  and Political Parties

Election System. The Constitution defines the election system. Elections in Turkey are single stage elections. According to a proportional representation system, general, equal and secret ballot elections are held throughout the country on the same day. The counting and detailed presentation of votes and recording are done publicly. Every province is an election area and every headman’s office is an election precinct.

The system of obtaining 10% of the votes to enter Parliament is applied throughout the country. Parties which do not receive at least 10% of the votes throughout the country in general elections, and the parties which do not receive at least 10% of the votes in regions where by-elections are held, cannot have deputies. According to the election results, the d’Hont system is applied for the sharing of deputies among the parties.

Political Parties. Political parties are essential elements of pluralistic and participatory democratic life. According to the Constitution, they are formed without prior permission. These parties attain a legal status when they submit, to the Ministry of the Interior, the names of 30 founding members who are eligible to be deputies. According to the Constitution, every Turkish citizen who is eighteen-years-old has the right to establish a party, to join an established party, or to resign from a political party. In general terms, judges and prosecutors, members of the Turkish Armed Forces and secondary education students cannot be members of a political party.

Regulations, programs and activities of the political parties cannot be in conflict with the independence of the State, the indivisible integrity of the country and the nation, human rights and freedoms, the principles of equality and the legal state, national sovereignty and the principles of a democratic and secular Republic. They cannot aim to protect or establish any class or group dictatorship or any kind of dictatorship; they cannot encourage crimes to be committed. If the regulations and program of a party violate these principles, then the party can be closed. The Constitutional Court decides to close a political party upon a case filed by the Chief Prosecutor of the Supreme Court of Appeals. The party may also be partially or wholly restricted from making use of state aid in accordance with the severity of the act it has committed. These decisions are final.

Prime Minister Recep Tayyip Erdoğan

All political parties were closed with the military intervention on September 12, 1980. Permission for the establishment of political parties was granted in 1983. In the general elections held  the same year, the Motherland Party (ANAP) came to power with a clear majority, while the Populist Party (HP) and Nationalist Democracy Party (MDP) formed the opposition in parliament.

Ten political parties were given the opportunity to be represented in the TGNA, as a result of the general elections held throughout the country in 1995. These were: the Motherland Party (ANAP), the Great Unity Party (BBP), the Republican People’s Party (CHP), the Changing Turkey Party (DEPAR), the Democratic Turkey Party (DTP), the Democrat Party (DP), the Democratic Left Party (DSP), the True Path Party (DYP), the Nationalist Action Party (MHP) and the Welfare Party (RP).

The Welfare Party which formed a coalition government with the True Path Party which had 158 seats in the TGNA in the 1995 elections, was closed down by the Constitutional Court in January of 1998 because the party was based on religious ideology, and had made radical religious declarations and undertaken such actions in violation of the secular  Republic.

The deputies which were left without a party joined the Virtue Party (FP) established at the end of 1997.

As a result of the 1999 general elections the DSP, MHP, FP, DYP, and ANAP attained the right to be represented in the Parliament. The DSP placed first and MHP second in the elections. Though the FP was the third party, it did not receive as many votes as the closed RP. The DYP and ANAP which are the largest central right parties lost votes and the CHP, unable to pass the threshold of 10% of the votes, could not be represented in Parliament.

The FP, which deputies of the RP joined after its closure by the Constitutional Court, was also closed down on June 22, 2001 due to its radical religious declarations and actions. Whereas some of the deputies of the FP then formed the Liberation Party (SP), others joined the Justice and Development Party (AKP).

Important political developments occurred in Turkey in 2002. Prime Minister Ecevit was taken ill in May 2002, and this led to a growing opposition group within the DSP. Some deputies resigned from the party and under the leadership of ‹smail Cem, established the New Turkey Party in July 2002. Thus, the issue of whether to hold early elections was brought onto the agenda. The  TGNA  was  called  in  for  an extraordinary session on July 29, 2002 and with 449 votes decided that elections be held on November 3, 2002.

CHP Chairman Deniz Baykal

Prime Minister Recep Tayyip Erdoğan delivering a speech

Nineteen of the more then 50 political parties represented or not represented in the Parliament participated in the general elections held on November 3, 2002. The Justice and Development Party (AKP) under the chairmanship of Recep Tayyip Erdoğan, obtained 34.28% of the votes and won 363 of the 550 parliamentary seats. The AKP obtained the majority necessary to form a government. The second party to be represented in the Parliament was the Republican People’s Party (CHP). The party obtained 19.39% of the votes and won 178 seats in the Parliament. Furthermore, 9 independent candidates were elected to parliament. The DYP won 9.54%, MHP 8.36%, ANAP 5.13%, and DSP 1.22% of the votes. Since these parties were not able to exceed the 10% national threshold, they are not represented in the Parliament.

Citizen voting

Financial Structure and Auditing of Political Parties. The political parties exist due to membership fees, donations and state assistance. The Political Parties Law brought definite limitations for donations that can be made to the political parties by corporate or legal bodies. The State aids political parties according to the conditions set forth in the law. Public institutions and organizations, and local administrations are forbidden to donate real estate, goods, funds or rights to political parties.

Furthermore, political parties cannot receive assistance or donations as either funds or goods from foreign states, international organizations, foreigners, foreign associations, groups or institutions.

The Constitution has given the Constitutional Court the duty and authority to audit the finances of the political parties. The Constitutional Court carries this function within the framework of the Political Parties Law and its decisions are final.

Source: "Turkey 2003"
Rebublic of Turkey
Directorate General of Press & Information