A blueprint for expanding presidential powers

What happened?

Turkey’s parliament approved a controversial new draft constitution which would expand the powers of the presidency under Recep Tayyip Erdogan early yesterday.

The bill was passed with 339 “yes” votes, meaning it would then be put to a referendum likely to be in April and, if approved, would become law.

While critics say the move is part of a power grab by Erdogan for a one-man rule, supporters say it will simply put Turkey in line with France and the US and is needed for efficient government.

More powers for the president

Under the new constitution, the president would have strengthened executive powers to directly appoint top public officials, including ministers.

The president would also be able to assign one or several vice-presidents. The office and position of prime minister, currently held by Binali Yildirim, would be scrapped.

The current constitution, adopted in 1982 in the wake of the 1980 military coup, guarantees independence of the courts from an “organ, authority and office”.

But the draft constitution would allow the president to directly intervene in the judiciary.

The president and the parliament would together be able to choose four members of the Supreme Board of Judges and Prosecutors (HSYK), a key judicial council that appoints and removes personnel in the judiciary. The parliament would choose seven members on its own.

Military courts, which have convicted officers and even sentenced former prime minister Adnan Menderes to death following a 1960 coup, would in the future not be allowed.

However the draft said that on issues clearly regulated by laws, the president could not introduce decrees.

State of emergency

Under the draft constitution, a state of emergency would be imposed in the event of an “uprising against the homeland” or “acts of violence which put the nation in ... danger of being divided”, the official news agency Anadolu said.

The president would decide whether or not impose a state of emergency and then present it to the parliament.

The parliament, when it deems it to be necessary, can shorten, lengthen or lift the state of emergency, the agency added.

More members of parliament

The number of members of the Turkish parliament would rise from 550 to 600. The minimum age limit for MPs would also be lowered from 25 to 18.

Legislative elections would take place once every five years — instead of four — and on the same day as the presidential elections.

The parliament would still have power to enact, modify and remove legislation. It would retain supervisory powers to write enquiries with help from an investigative authority.

If the president was accused or suspected of a crime, then parliament could request an investigation.

Longer term for Erdogan?

The draft constitution states that the next presidential and parliamentary elections are to be held simultaneously on November 3, 2019.

The president would have a five-year term with a maximum of two mandates.

If this is so, Erdogan would be able to stay in power until 2029, not 2024.