| Parliament name (generic / translated) |
Türkiye Büyük Millet Meclisi (T.B.M.M) / Grand National Assembly of Turkey |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 80 of the Constitution of 07.11.1982, as amended up to and including 17.05.1987)
|
| Start of the mandate |
· When the election results are published. Procedure.
|
| Validation of mandates |
· Validation by the Supreme Electoral Council (Art. 79 (2) of the Constitution)
· Procedure (Art. 79 (2) of the Constitution)
|
| End of the mandate |
· When the mandates of newly elected MPs start (for early dissolution, see Art. 77 (2) and (3) of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 84 of the Constitution)
· Procedure (Art. 84 of the Constitution): loss of membership shall be decided by an absolute majority of the total number of Members of the Turkish Grand National Assembly.
· Authority competent to accept the resignation: the Turkish Grand National Assembly
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Resignation from one party in order to join another party (art. 84 (1) and (2) of the Constitution)
- Dissolution of a political party (Art. 84 (3) of the Constitution)
- Loss of mandate for incompatibilities (art. 82 and 84 (1) of the Constitution)
- Loss of mandate by judicial decision (art. 84 (1) of the Constitution)
- Loss of mandate for not attending sittings of Parliament (art. 84 (1) of the Constitution; see Participation in the work of Parliament)
- General procedure (Art. 84 (1) and 85 of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The members of the Board
3. The other MPs
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary + additional allowance (Art. 86 of the Constitution): $ 3,000 per month
· No exemption from tax, except for travel allowances
· Special pension scheme for MPs who have served for at least two years
· Other facilities:
(a) Secretariat
(b) Advisers
(c) Official housing
(d) Official car for Chairmen of committees, members of the Bureau and Chairmen of the International Groups
(e) 50 % discount for postal services, discount for telephone services
(f) 50 % discount for travel and transport services
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 83 (1) of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament. Exception.
· Derogations: offence of Parliament (Art. )
· Non-accountability takes effect on the day when the mandate begins. It does not offer, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 83 (2) to (5) of the Constitution).
· It applies to criminal and civil proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: when a Member is caught in the act of committing a crime punishable by a heavy penalty, and in cases subject to Art. 14 of the Constitution if an investigation has been initiated before the election, the Assembly does not have to waive parliamentary immunity. However, the competent authority shall immediately and directly notify the Assembly.
· Parliamentary inviolability does prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 83 (2) of the Constitution):
- Competent authority: the Turkish Grand National Assembly
- Procedure (Art. 83 (2) to (5), Art. 85 of the Constitution). In this case, MPs must be heard. They do have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament .
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| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the General Secretariat of the Turkish Grand National Assembly.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings
· Penalties foreseen in case of failure to fulfil this obligation: loss of mandate (Art. 84 (1) of the Constitution)
· Body competent to judge such cases/to apply the penalties: the Turkish Grand National Assembly
|
| Discipline |
· Disciplinary measures foreseen:
- Order to leave the sitting
- Order to present apologies
· Specific cases:
- Offence or insult
- Absence at plenary sittings of Parliament (Art. 84 (1) of the Constitution; see Participation in the work of Parliament)
· Competent body to judge such cases/to apply penalties: the Presidency of the Turkish Grand National Assembly
· Procedure:
- Order to leave the sitting
- Order to present apologies
- Absence at plenary sittings of Parliament (Art. 84 (1) of the Constitution; see Participation in the work of Parliament - penalties)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there is one relevant provision (Art. 84 (1) of the Constitution
· Penalties foreseen for violation of the rules of conduct: loss of mandate (Art. 84 (1) of the Constitution)
· Competent body to judge such cases/to impose penalties: the Turkish Grand National Assembly
· Procedure (Art. 84 (1) of the Constitution). In this case, MPs have means of recourse.
|
| Relations between MPs and pressure group |
· There are some legal provisions in this field (Art. 68 (5), and 69 (2) and (8) of the Constitution, Law of Political Parties; independence of political parties). |
