IPU PARLINE database: TURKEY (Türkiye Büyük Millet Meclisi (T.B.M.M)), Oversight

Parliament name (generic / translated)

Türkiye Büyük Millet Meclisi (T.B.M.M) / Grand National Assembly of Turkey

Structure of parliament

Unicameral

Type of political regime

parliamentary

Notes

The President is the Head of State (Aricle 104 of the Constitution). In this capacity he or she represents the Republic and the unity of the nation, ensures the implementation of the Constitution and the regular and harmonious functioning of state organs.

Head of the executive

Prime Minister

Notes

Executive power and functions are exercised and carried out by the President and the Council of Ministers (Article 8 of the Constitution). The latter consists of the Prime Minister and other ministers (Article109 of the Constitution). The Prime Minister is the Chairman of the Council and ensures cooperation among the ministers and supervises the implementation of general policy.

Method for appointing the executive

The President is elected by the National Assembly, either from among its members or from among the citizens who fulfil the requirements to be eligible as deputies (Article 101 of the Constitution). The nomination of a candidate for the Presidency from outside the parliament requires a written proposal by at least one-fifth of all members of the Assembly.

The President is elected by a two-thirds majority of all members of the Assembly by secret ballot. If such a majority cannot be obtained in the first two ballots, a third ballot is held and the candidate who receives an absolute majority of votes is elected. If no such majority is obtained, a fourth ballot is held between the two candidates with the greatest number of votes. If the President still cannot be elected with an absolute majority, new elections for the parliament are held immediately.

The Prime Minister is appointed by the President from among the parliamentarians. Ministers are nominated by the Prime Minister and appointed by the parliament, and may be dismissed by the President upon the proposal of the Prime Minister.

Term of office of the executive and coincidence with the term of the legislature

The President is elected for a term of office of seven years (Article 101 of the Constitution), but cannot be elected for a second term. Parliamentary elections for are held every five years (Article 77 of the Constitution).

Incompatibility of the functions of member of the executive and member of Parliament

No

Members of the Government can be parliamentarians. Only the President-elect loses his or her status as a member of the National Assembly.

Dissolution of Parliament

Yes

Circumstances

The Assembly may decide to hold a new election before the termination of its term (Article 77 of the Constitution). In cases where the Council of Ministers fails to receive a vote of confidence or is compelled to resign by a vote of no confidence, or if a new Council of Ministers cannot be formed within 45 days, the President, in consultation with the President of the Assembly, may call for new elections (Article 116 of the Constitution).

Modalities

In the event of a decision to hold new elections, the Council of Ministers resigns and the President appoints a Prime Minister to form a provisional Council of Ministers. The latter is composed of members of all parties in proportion to their membership, with the exception of the ministers of justice, internal affairs and communications. In the event of a decision to hold new elections, the powers of the Assembly continue until the new election. The decision to call for new elections is published in the official gazette and the election is held thereafter. Between 1990 and 2000, the parliament decided to hold early elections in 1995 and 1999.

Accountability of Government to Parliament

Yes

All presidential decrees, except those that the President is empowered to enact by himself, must be signed by the Prime Minister and ministers concerned (Article 105 of the Constitution). The Prime Minister and ministers are accountable for these decrees. The Prime Minister supervises the implementation of the Government's general policy (Article 112 of the Constitution). The ministers are jointly responsible for the implementation of this policy. Each minister is also individually responsible to the Prime Minister for the conduct of affairs under his or her jurisdiction and for the acts and activities of his or her subordinates.

Modalities of oversight

Oral and written questions of parliamentarians

A question is a request for information addressed to the Prime Minister or ministers to be answered orally or in writing on behalf of the Council of Ministers. The replies can pave the way for an interpellation, which is a more extensive and effective means of supervision.

Government reports to Parliament

Not applicable

Measures

Vote of confidence on Government programs and/or legislative proposals

The Government programme is read by the Prime Minister or by one of the ministers before Parliament within a week of the formation of the Council of Ministers, following which there is a vote of confidence (Article 110 of the Constitution). Debate on the vote of confidence begins two full days after the reading of the programme and the vote is taken one full day after the end of debate. If the Prime Minister deems it necessary, and after discussing the matter in the Council of Ministers, he or she may ask for a vote of confidence in the parliament (Article 111 of the Constitution). The request for such a vote may not be debated before one full day has elapsed from the time it was submitted to the parliament and may not be put to the vote until one full day has passed after the debate. A request for a vote of confidence may be rejected only by an absolute majority of the total number of members.

Motions of censure and votes of no confidence (sub-report)

Circumstances

A motion of censure may be tabled either on behalf of a political party or by the signature of at least 20 deputies (Article 99 of the Constitution) and may concern the entire Government or an individual minister.

Modalites

A motion of censure is circulated in printed form to the members within three days of its being tabled. Inclusion of a motion of censure on the agenda is debated within ten days of its circulation. In this debate, only one of the signatories to the motion, one deputy from each political party, and the Prime Minister or one minister on behalf of the Council of Ministers, may take the floor. Together with the decision to include the motion of censure on the agenda, the date for debating it will also be decided. However, the debate may not take place less than two days after the decision to place it on the agenda and may not be deferred for more than seven days. In the course of that debate, a motion of no confidence with a statement of reasons tabled by deputies or parties, or the request for a vote of confidence by the Council of Ministers, may be put to the vote only after a full day has elapsed. In order to unseat the Council of Ministers or a minister, an absolute majority of the total number of members is required in the voting, in which only the votes of no confidence are counted.

Consequences

If a motion of censure is adopted against the Council of Ministers, the entire Government resigns, whereas if an individual minister is concerned, only the latter resigns from office. A number of motions of censure were initiated between 1990 and 2000. While most of them were not put on the agenda, five were ultimately tabled in the parliament.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

Parliamentary investigation concerning the Prime Minister or other ministers may be requested through a motion tabled by at least one-tenth of all parliamentarians (Article 100 of the Constitution). The President may be impeached for high treason on the proposal of at least one-third of all parliamentarians (Article 105 of the Constitution). The President and judges of the Constitutional Court, the High Court of Appeals, the Council of State, the Military High Court of Appeals, the High Military Administrative Court of Appeals, their chief public prosecutors, deputy public prosecutors, and the presidents and members of the Supreme Council of Judges and public prosecutors, and the Audit Court, may be tried for offences relating to their functions by the Constitutional Court in its capacity as the Supreme Court.

Modalites and procedure

In the event of a decision to initiate an investigation, this investigation is conducted by a Commission of 15 members chosen by lot on behalf of each party from among three times the number of members the party is entitled to have on the Commission, representation being proportional to the parliamentary membership of the party. The Commission submits its report on the result of the investigation to the Assembly within two months. If the investigation is not completed within the time allotted, the Commission is granted a further and final period of two months. At the end of this period, the report must be submitted to the office of the Speaker of the parliament.

Following its submission to this office, the report is distributed to the members within ten days and debated within ten days after its distribution, and if necessary a decision may be taken to bring the person involved before the Supreme Court. The decision to bring a person before the Supreme Court is taken by secret ballot only. Political parties in the Assembly may not hold discussions or take decisions regarding parliamentary investigations. The Assembly considers and decides on the requests within one month at the latest. The Prime Minister or other ministers may be impeached by an absolute majority of all parliamentarians, while the President may be impeached by the decision of at least three-fourths of the total number of members.

Consequences

All judgements of the Supreme Court are final. In the event of a temporary absence of the President on account of illness, travel abroad or similar circumstances, the speaker of the Assembly serves as acting President and exercises the powers of President until he or she resumes the functions, and in the event that the Presidency falls vacant as a result of death or resignation or for any other reason, until the election of a new President. A minister who is brought before the Supreme Court by decision of the Assembly loses his or her ministerial status. If such position becomes vacant, a new appointment must be made to it within 15 days. If the Prime Minister is brought before the Supreme Court, the Government is considered to have resigned.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

Ministers are jointly responsible for the implementation of governmental policy. Each minister is also individually responsible to the Prime Minister for the conduct of affairs under his or her jurisdiction and for the acts and activities of his or her subordinates.

Means and modalities of oversight

Hearings in Committees

The parliament exercises oversight over the actions of the administration by holding hearings in committees.

Committees of inquiry and missions to Government departments

An assembly inquiry falls under the supervisory and research authority of the parliament. In case a motion is approved, which is given for obtaining information on a specific subject, an Assembly Inquiry Committee is formed which is selected from among the members of the parliament. The report prepared by the Committee is opened for discussion in the Assembly.

Oral and written questions of parliamentarians

A question is a request for information addressed to the Prime Minister or other ministers to be answered orally or in writing on behalf of the Council of Ministers. Written and verbal questions are directed at the Government or ministers one by one. If an oral question is not answered after three parliamentary meetings, it automatically becomes a written question. Written questions should be answered within 15 days, but this time limit may be extended to 30 days. Time for questions is set aside at least twice a week at the beginning of a session for no less than one hour. The replies received to questions can pave the way for a motion for an interpellation, a more extensive and effective means of supervision.

Role of Parliament in the appointment of senior Government officials

The members of the High Board of Radio-Television, as well as the members of the Audit Court are appointed by the parliament.

Activity reports of the Government administration and of public services or establishments

The report of the High Supervisory Council about state-owned and state economic enterprises is discussed in the parliament.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

Not available

Relationship to Parliament

Not available

Consultation of Parliament in the preparation of the national budget

No

The Council of Ministers submits the draft of general and subsidiary budgets and the report containing the national budgetary estimates to the parliament (Article 162 of the Constitution).

Modalities of oversight

Examination of the budget / finance act by Parliament

The expenditure of the State and those of public corporations other than state economic enterprises are determined by annual budgets (Article 161 of the Constitution). Draft budgets that are adopted by the Budget Committee are considered by the Assembly and decided on before the beginning of the fiscal year. Parliamentarians 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 are read out and put to the vote without separate debate. During debates on the draft budget act, parliamentarians may not make proposals that entail an increase in expenditure or a decrease in revenue.

The appropriations granted under the general and subsidiary budgets indicate the limit of expenditures allowed. No provisions may be included in the budget to the effect that the limit of expenditures may be exceeded in pursuance of a decision of the Council of Ministers. The latter is not empowered to amend the budget by a decree having the 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 these budgets, the financial resources that would meet the stated expenditure must be indicated.

Reports on the budget / finance act by Committees

The draft budgets and reports are considered by the Budget Committee and adopted within 55 days

Fields overseen

Defence budget

The Ministry of National Defence does not ask the opinion of the parliament or of the National Defence Committee in the process of drafting its budget.

Budget of special departments

Not applicable

Role of Parliament in national development plans

National development plans are debated for a maximum of 20 days in the Planning and Budget Committee and for eight days in the plenary.

Parliament's deadline for the examination and adoption of the budget / finance act

The Council of Ministers submits the draft budgets at least 75 days before the beginning of the fiscal year (Article 162 of the Constitution).

Consequences of failure by Parliament to adopt the budget / finance act

A budgetary deadlock represents a vote of no confidence in the Government with the stated consequences, and a temporary budget would have to be debated.

Budgetary autonomy of Parliament

Yes

Like the other budget positions, the draft budget of the parliament is debated in the plenary.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Draft final accounts must be submitted to the parliament by the Council of Ministers within seven months of the end of the relevant fiscal year (Article 164 of the Constitution). The draft final accounts are placed on the agenda of the Budget Committee together with the draft budget act for the new fiscal year. The Committee submits the draft budget act to the plenary in conjunction with the draft final accounts, and the plenary considers and decides on the draft final accounts in conjunction with the draft budget act for the new fiscal year.

Parliamentary oversight of public companies

No data

Not available

Modalities of oversight

Body for auditing the Government's books and method for appointing

The audit court is charged with auditing, on behalf of the parliament, all the accounts relating to the revenue, expenditure and property of the Government departments financed by the general and subsidiary budgets, taking final decisions on the acts and accounts of the responsible officials and exercising the functions required of it by law in matters of inquiry, auditing and judgment (Article 160 of the Constitution). The parties concerned may file a single request for reconsideration of a final decision of the audit court within 15 days of the date of written notification of the decision. No applications for judicial review of such decisions may 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 takes precedence.

The organization, 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 personal status, and the security of tenure of the President and other members is regulated by law. The procedure for the auditing, on behalf of the parliament, of state property in possession of the armed forces is regulated by law in accordance with the principles of secrecy required by national defence.

Reports of the public auditor's office

The Audit Court must submit its notice of conformity of the draft final accounts to the parliament within 75 days of the submission of the accounts in question. The submission of the draft final accounts and the notice of conformity to the parliament does not preclude the auditing of accounts for the relevant year which have not already been dealt with by the audit court and need not indicate that a final decision has been taken on these accounts.

Specialised committee

Not applicable

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy through the Foreign Affairs Committee.

Powers of the Committee

Not available

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in the parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits and participation in inter-parliamentary conferences.

Plenary debates on foreign policy issues

Not applicable

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Not applicable

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President ratifies and promulgates international treaties (Article 104 of the Constitution). The ratification of treaties concluded with foreign States and international organizations on behalf of the Republic are subject to adoption by the parliament by a law that approves the ratification (Article 90 of the Constitution). Agreements regulating economic, commercial and technical relations, and covering a period of no more than one year, may be put into effect through promulgation, provided they do not entail any financial commitment to the State, and provided they do not infringe upon the status of individuals or upon the property rights of citizens abroad. In such cases, the agreements must be brought to the knowledge of the parliament within two months of their promulgation.

Agreements in connection with the implementation of an international treaty, and economic, commercial, technical, or administrative agreements that are concluded depending on an authorization provided by law, do not require the approval of the parliament. However, such agreements affecting economic or commercial relations and the private rights of individuals may not be put into effect unless promulgated. Agreements resulting in amendments to the law are subject to adoption by the parliament of a law approving the ratification. International agreements duly put into effect carry the force of law. No appeal to the Constitutional Court may be made with regard to these agreements on the grounds that they are unconstitutional.

Other mechanisms for participation in foreign policy by Parliament

Foreign policy is essentially determined by the Government and more precisely by the Ministry of Foreign Affairs.

National Defence Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over defence policy through the National Defence Committee.

Powers of the Committee

The Committee considers draft laws transferred to it.

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

The Ministry of National Defence and general staff work in harmony on this subject, with final authority being vested in the Council of Ministers.

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The power to authorize the declaration of a state of war in cases deemed legitimate by international law and, except where required by international treaties to which Turkey is a party or by the rules of international courtesy to send armed forces to foreign countries and to allow foreign armed forces to be stationed in Turkey, is vested in the national Assembly (Article 92 of the Constitution). If the country is subjected, while the parliament is adjourned or in recess, to sudden armed aggression and it thus becomes imperative to decide immediately on the deployment of the armed forces, the President can decide on their mobilization.

Role of Parliament in sending troops abroad

The power to authorize the declaration of a state of war, in cases deemed legitimate by international law and except where required by international treaties to which Turkey is a party or by the rules of international courtesy to send armed forces to foreign countries and to allow foreign armed forces to be stationed in Turkey, is vested in the National Assembly (Article 92 of the Constitution). If the country is subjected, while the parliament is adjourned or in recess, to sudden armed aggression and it thus becomes imperative to decide immediately on the deployment of the armed forces, the President can decide on their mobilization.

Other mechanisms for participation in national defence policy by Parliament

Defence policy is essentially determined by the President, who represents the supreme military command of the armed forces on behalf of the parliament, decides on their mobilization, appoints the Chief of General Staff, calls the National Security Council to meet and presides over it, proclaims martial law or a state of emergency, and issues decrees having the force of law, in accordance with the decisions of the Council of Ministers under his or her chairmanship (Article 104 of the Constitution).

Circumstances

In the event of natural disaster, dangerous epidemic diseases or a serious economic crisis, the Council of Ministers, meeting under the chairmanship of the President, may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months (Article 119 of the Constitution). In the event of serious indications of widespread acts of violence aimed at the destruction of the free democratic order or of fundamental rights and freedoms, or serious deterioration of public order because of acts of violence, the Council of Ministers, meeting under the chairmanship of the President and after consultation with the National Security Council, may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months.

The Council of Ministers, under the chairmanship of the President and after consultation with the National Security Council, may declare martial law in one or more regions or throughout the country for a period not exceeding six months, in the event of widespread acts of violence which are more dangerous than the cases necessitating a state of emergency.

During the period of martial law, the Council of Ministers meeting under the chairmanship of the President may issue decrees having the force of law on matters necessitated by the state of martial law. Likewise, during the state of emergency, the Council may issue decrees having the force of law on matters necessitated by the state of emergency. These decrees are published in the official gazette and are submitted for approval to the parliament on the same day. Extension of the period of martial law, for a maximum of four months each time, require a decision by the parliament. In the event of a state of war, the limit of four months does not apply. The martial law commanders exercise their duties under the authority of the Chief of General Staff.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

In the event of a declaration of a state of emergency or of martial law, the decision is published in the official gazette and is immediately submitted to the National Assembly for approval. If the parliament is in recess, it is assembled immediately. The Assembly may alter the duration of the state of emergency by extending the period for a maximum of four months only, each time at the request of the Council of Ministers, or by lifting the state of emergency. The Assembly may, when it deems necessary, reduce or extend the period of martial law or lift it. If the holding of new elections is found impossible because of war, the parliament may decide to defer elections for a year. If the grounds for deferment do not disappear, this measure may be repeated under the procedure for deferment.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court is composed of eleven regular and four substitute members (Article 146 of the Constitution). The President appoints 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 also appoints 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. The Court elects a President and Deputy President from among its regular members for a term of four years by secret ballot and an absolute majority of all members. They may be re-elected at the end of their term of office.

Means and procedures

The Constitutional Court examines the constitutionality, in respect of both form and substance, of laws, of decrees having the force of law, and of the rules of procedure of the parliament (Article 148 of the Constitution). Constitutional amendments are examined and verified only with regard to their form. However, no action may be brought before the Constitutional Court alleging unconstitutionality as to the form or substance of decrees having the force of law issued during a state of emergency, martial law or in time of war. The verification of laws as to form are restricted to consideration of whether the requisite majority was obtained in the last ballot, while the verification of constitutional amendments are 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 or by one-fifth of the members of the parliament. Applications for annulment on the grounds of defect in form may not be made more than ten days after the date on which the law was promulgated, nor may objection be raised.

The President, parliamentary groups of the party in power and of the main opposition party, and a minimum of one-fifth of all parliamentarians, have the right to apply for annulment action to the Constitutional Court based on the assertion of the unconstitutionality of laws in form and in substance, of decrees having the force of law, of rules of procedure or of specific articles or provisions thereof. If a court, which is trying a case, finds that the law or the decree to be applied is unconstitutional, or if it is convinced of the seriousness of a claim of unconstitutionality submitted by one of the parties, it postpones the consideration of the case until the Constitutional Court decides on the issue. If the court is not convinced of the seriousness of the claim of unconstitutionality, such a claim together with the main judgment are decided upon by the competent authority of appeal.

The Constitutional Court decides on the matter and makes public its judgment within five months of receiving the contention. If no decision is reached within this period, the trial court concludes 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. No allegation of unconstitutionality may be made with regard to the same legal provision until ten years elapse after publication in the official gazette of the decision of the Constitutional Court dismissing the application on its merits. The decisions of the Constitutional Court are final and binding on the legislative, executive, and judicial organs, on the administrative authorities, and on persons and corporate bodies. Laws, decrees or the rules of procedure or provisions thereof cease to have effect from the date of publication in the official gazette of the annulment decision.

Evaluation of laws

No

Not applicable

Measures

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