Reactions to the AKP’s plan not to relinquish power even if it loses

The AKP intends to make post-24-June preparations by means of the bill in connection with the harmonisation laws that authorises the government to issue decrees with the force of law. The criteria for establishing ministries and appointing top-level civil servants will be regulated by presidential decree following the election. Even if he does not attain a majority in parliament, the plan will give Erdoğan a freer hand if he is elected. So, what does this plan amount to? Constitutional Law Professor and CHP candidate İbrahim Kaboğlu says that this plan is in blatant violation of the Constitution. And the CHP’s Özgür Özel described the AKP’s bill as a “constitutional disgrace.”

 Here are the key points from the article that İbrahim Kaboğlu penned on his own blog about the AKP’s bill:

 İBRAHİM KABOĞLU: IT SHOWS THAT THE NEW PERIOD WILL BE BASED ON OFFICIAL LIES

 The AKP, while on the one hand drafting decrees to give the president a freer hand, will, on the other, place a provision in the decree with the force of law for the repealing of the current laws governing civil service appointments along with ministries and public institutions and entities on the day the President takes office.

THE LIE MADE OFFICIAL: “PRESIDENTIAL SYSTEM OF GOVERNMENT IN PLACE OF THE PARLIAMENTARY SYSTEM OF GOVERNMENT”

What is the meaning of the “Bill on Amending various Laws and Decrees with the Force of Law for the Purpose of Achieving Harmonisation with the Amendments Made to the Constitution of the Republic of Turkey under Law Number 6771” (30.04.18) that was submitted to parliament on 8.5.18 by the Prime Minister?

 The means of achieving harmonisation through decrees with the force of law in place of statutes amounts in the first place to a violation of an imperative provision of the Constitution.

 Then, it gives an idea about the legislation of the “new period” since “annulment” will be cobbled together using means and methods that violate the Constitution.

 Finally, it shows that the “new period” will be based on official lies.

 BLATANT VIOLATION OF THE CONSTITUTION

 According to Provisional Article 21/A of the Constitutional amendment number 6771:

 “No later than six months after this Law enters force, the Grand National Assembly of Turkey (parliament) shall make the Parliamentary Standing Orders and statutory regulations that these amendments necessitate.”

 “The general election of members for the 27th legislative session of the Grand National Assembly of Turkey and the presidential election shall be held on 3/11/2019.”

 “If parliament passes an election resolution, the general election of members for the 27th legislative session of the Grand National Assembly of Turkey and the presidential election shall be held together.”

 The election resolution of 24/4/18 in parliament is in blatant violation of this constitutional provision. Parliament, having failed even within twelve months to accomplish its obligation to make regulations within six months, saw no objection to bringing the elections forward by sixteen months.

 Its failure to perform its constitutional obligation constitutes a breach of the Constitution through negligence; rather than rectifying this negligence even if belatedly, its resolving to repeat the elections amounts to “active” violation of the Constitution.

 AN ANNULMENT DECREE IN VIOLATION OF THE CONSTITUTION

 Under the bill, there is a wish to transfer “legislative power,” that is, the power to make Parliamentary Standing orders and statutory regulations, to the government in a manner that violates Article 7 of the Constitution.

 For the purpose of annulling the constitutional institutions and rules and the balance-supervision mechanism that have been in place since the 1876 Ottoman Constitution, Article 2 with the heading “principles and duration of powers” stipulates, “The Cabinet shall, in exercising the powers vested in it under this Law, ... the bringing into compliance of current statutes and decrees with the force of law with Law number 6771, the conducting of public services in a productive, speedy and effective manner and the making of regulations that accord with the nature and requirements of services...”

 ÖZGÜR ÖZEL: CONSTITUTIONAL DISGRACE

 CHP Group Deputy Chair Özgür Özel, stating that the government had previously obtained authorisation for periods in which parliament was closed but was this time requesting authorisation over the harmonisation laws that have not been debated for more than a year in the general assembly of parliament despite parliament having been open, in summary, said the following:

 “They did not touch the basic problem for six months. Another seven months have passed on top of this. They have shirked from making these regulations. But those who did the shirking are now saying, “Transfer your power to us.” We are faced with a constitutional disgrace. The justification is the bringing forward of the election. But, these regulations were supposed to have been made within six months. And 550 MPs were supposed to have contributed towards this. What they are trying to do is usurp parliament’s will. The authorisation law must specify the purpose, scope and principles of the decree with the force of law to be issued and the duration power is to be exercised and whether more than one decree may be issued over this period. Especially in the Özal period, the Constitutional Court gave shape through its rulings as to what elements decrees with the force of law need to incorporate. In case law that the Constitutional Court established in 1990, it subjected parliament’s ability to authorise the Cabinet to issue decrees with the force of law to three additional conditions of “speediness,” “necessity” and “importance,” and annulled certain authorisation laws that did not embody these conditions. Opaque wording must not be incorporated that permits the bending in all directions of the purpose, scope and principles as well as the subject matter of decrees with the force of law.”

 AKP'nin 'Kaybetse de iktidarı vermeme' planına tepkiler: Resmi yalanlara dayandırılacağını gösteriyor