On September 12, 2010, Turkey will hold a national referendum on a wide-ranging set of changes to the constitution. Turkey’s ruling Justice and Development Party (AKP) initially announced the proposed reforms on March 22. On May 7, the reforms passed through Turkey’s parliament by a majority, setting the stage for the national referendum; a two-thirds majority would have bypassed the need for the national vote.
Political Responses to the Reforms
The AKP and other proponents of the legislation argue that the reforms will enhance democracy in Turkey and boost its case for accession to the European Union. The opposition Republican People’s Party (CHP) opposes the reforms on the grounds that they violate the independent nature of Turkey’s military and judiciary. CHP appealed to Turkey’s Constitutional Court to block the entire set of reforms. The Court rejected two parts of the amendment but allowed the package as a whole to proceed. Among the components that were rejected were provisions that would have given the president more authority in appointing judges and allow individuals without legal backgrounds to become judges.
The Package
The package includes 26 amendments to articles in the 1982 constitution, which was drafted after the military coup of 1980. Its provisions affect Turkey’s military and judicial sectors as well as citizens’ rights. Proposed amendments include:
Military:
The amendment would make members of the military subject to civilian rather than military courts for crimes against the state. Cases against the top military officials would go to the Supreme Court. Engineers of the 1980 coup would no longer be immune to prosecution, although the window for prosecution will have closed.
Courts:
The amendment would expand the Constitutional Court’s membership from 11 to 17 and that of the Supreme Council of Judges and Prosecutor’s (HSYK), which appoints senior members of the courts, from 7 to 22. The president would elect four HSYK members and the judiciary the other 18. Courts would also be given more flexibility in choosing candidates for court positions.
Citizen’s Rights:
Specific articles would affect the rights of labor unions and add new protections for consumer and personal information.
