Relations Between the Executive and Bureaucracy in Turkey Konuralp Ercilasun Kwangwoon University – Seoul Maltepe University – Istanbul

STRUCTURE ► Political System and Checks & Balances ► Executive and Legislative ► President ► Judiciary and other independent councils ► Approaches of the executive ► Changes with the last referendum

POLITICAL SYSTEM ► Depends on separation of powers  Executive ► Council of Ministers, governing party or parties  Legislative ► Parliament – 550 members  Judiciary ► Different levels of courts CHECKS AND BALANCES ► President ► Judiciary and Administrative Offices

EXECUTIVE AND LEGISLATIVE ► Normally one or more political parties which has absolute majority (276 seats) in the Parliament forms the executive power. ► The Parliament operates mostly by majority while deciding laws or regulations. ► Only some few exceptions need a majority of 2/3 (367 seats) including the amendments of the Constitution. ► There is a strong discipline in the political parties.  Members of a party mostly acts together, very few members vote against his party’s opinion. ► So, usually the executive dominates the legislative…

THE PRESIDENT ► Had a symbolic value before ► 1982 Constitution  President still symbolic apparently, in fact has a significant role.  Has executive, legislative and judiciary powers.

LEGISLATIVE DUTIES AND POWERS ► If he considers it necessary, he makes the annual opening speech of the Grand National Assembly and if necessary, he convenes the Assembly ► Publishing Laws (If he agrees) ► Send the laws back to the Assembly for reconsideration, (If he doesn’t agree. He can only send back once. If the law is accepted again by the Assembly, then he should recognize it) ► If necessary, he decides for a referendum regarding the laws on amendment of the Constitution. (e.g Referendum) ► If he considers that some laws are violating the Constitution, he can prosecute for the annulment of the law. (Constitutional Court would judge, during 2000s President Sezer sometimes used this power) ► To decide holding new elections for the Assembly. ● Nominal power ● Some power ● Considerable Power

EXECUTIVE DUTIES AND POWERS ► To appoint the Prime Minister and accept his resignation, (usually head of the winning party of the elections. There are exceptions. Most marginal exception was the appointment of an independent deputy in 1998) ► To appoint and dismiss ministers upon the recommendation of the Prime Minister, ► If necessary, he presides the scheduled Cabinet meeting or he calls them to hold a meeting, ► Sends ambassadors to foreign states, and accepts the foreign ambassadors, ► Ratify and promulgate international treaties, ► To act as the Commander-in-chief of the Turkish Armed Forces in the name of the Assembly, ► To decide the use of the Turkish Armed Forces, ► To appoint the Commander of the Turkish Armed Forces ► To convene and to preside the National Security Council, ► To declare martial law or emergency rule, ► To sign decrees ► To pardon convicts who are too old or have chronic illness or disability, ► To appoint the State Supervisory Board members and its Chairman ► To order State Supervisory Board to make reviews, researches or monitoring; ► Elect the members of the Board of Higher Education, ► Appoint rectors of universities ● Nominal power ● Some power ● Considerable Power

JUDICIARY DUTIES AND POWERS To appoint the ► Members of the Constitutional Court, ► Quarter of the members of the State Council, ► Chief Public Prosecutor and Vice Chief Public Prosecutor of the Supreme Court, ► Members of the Supreme Military Court, ► Members of the High Council of Judges and Prosecutors. President also performs the appointments and other duties and powers which are decided by the Constitution and laws. ● Nominal power ● Some power ● Considerable Power

PRACTICES OF PRESIDENTIAL POWERS ► President Evren  No open conflict between the president and the executive ► President Özal  Some frictions between the two offices ► President Demirel  Sometimes very harmonious relations, but sometimes directly interference to the Parliamentary practices ► President Sezer  Open conflict between the two offices ► ? President Gül  No conflicts at all.

REVIEW OF PRESIDENTIAL POWER ► So, it can be said that Turkey has a parliamentary system with a significant role of President since ► Gül is the last president who is elected by the Assembly. ► Next president will be decided by direct elections. ► Election by the majority of the population probably will result in the strengthening of the President.

JUDICIARY – Before Referendum ► The ordinary courts are independent entities although the executive power has the force to affect them and some ministers and prime ministers have used this power. ► High Courts and Judiciary Councils:  Constitutional Court,  Supreme Military Court,  High Council of Judges and Prosecutors. ► These entities are more independent than the ordinary courts as most of the members are assigned for long terms, so they are not afraid for their position.

SOME INDEPENDENT COUNCILS ► Radio Television Supreme Council ► Energy Market Regulatory Authority ► Banking Regulation and Supervision Agency ► Capital Markets Board of Turkey ► Turkish Competition Authority ► Most of these councils founded during the coalitions ► Mostly the members of these councils were elected by Assembly ► During coalitions political parties have to compromise with each other for these elections. ► However during one-party government, the ruling party doesn’t have to compromise, so it can exert its own opinion.

APPROACHES OF THE CURRENT EXECUTIVE ► Current ruling party believes that  Public election is the core of democracy  Parliament is the main ruling body  Everything should be decided either by parliament or by people  The executive should exercise full authority on every small parts of bureaucracy as they are the representatives of the majority of the population.

CONFLICTS ► Executive:  “Assembly is the representative of the people; if it decides to abolish the Constitutional Court, the Court can do nothing, but obeys the decision.”  “There is an aristocracy of the Councils and High Courts in our country” ► So, there is an open and continuous conflict between the current Executive and some High Courts. ► Main conflicts are between the Executive on one side and  The Constitutional Court,  The High Council of Judges and Prosecutors  The Board of Higher Education ► Conflict ended after Gül selected as the president and assigned a new Chair to the Board  Turkish General Staff Office on the other side. ► The Office lost some public support after many officials were accused of planning coup-d’etat against the ruling party. Although noone has been convicted yet, the Office lost its popularity among people during the trial process

CHANGES WITH THE REFERENDUM ► Referendum on the amendment of the Constitution took place on September 12, 2010 and the amendment was accepted by 58%. ► During the campaigning period main debate was on the changes on the structures of the Constitutional Court and the High Council of Judges and Prosecutors. ► Opposition parties argued that the ruling party aims to dominate all institutions. ► The ruling party argued that all these changes aim to promote democracy and to end institutional anarchy.

CONCLUSION ► As the amendment is approved, the executive gained a considerable power. ► The term of office of the current President is also a topic of debate.  Is it 5 years (till 2012) or 7 years (till 2014) term? ► These amendments and the public election of the president seems to change the parliamentary system towards a semi- presidential system.

Thank you for your attention…