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May 25, 2012
 
 
 
 
 
 
Columnists 07 July 2009, Tuesday 0 0 0 0
FATMA DİŞLİ ZIBAK
f.zibak@todayszaman.com

Tough times for Gül

As the July 13 deadline approaches for President Abdullah Gül to make up his mind about a reform package approved by Parliament in late June that requires civilian courts to try members of the armed forces in peacetime, everyone wonders whether Gül will approve the package in line with his pro-reform and pro-European Union stance or whether he will veto it, bowing to pressure from certain circles.
Ever since this package was approved, there has been nonstop controversy over it because opposition parties have accused the Justice and Development Party (AK Party) government of not informing them about its full content and have urged Gül to veto it. Opponents of the restriction of the authority of military courts say the legislation runs counter to the Constitution, demanding that Gül use his veto; others are warning him to reconcile with other state institutions regarding the package. Analysts say President Gül has to seek a compromise on many issues, but in this case, he has to make his choice on the side of a pro-EU and pro-democratic practices.

In the wake of calls for Gül to find a middle path and reach a compromise on the disputed legislation, Star's Eser Karakaş says President Gül, who will either put this legislation into effect by approving it or return it to Parliament for one more review, is only responsible for reconciling it with the law and it is very obvious what universal law suggests about the reform package in question. “While the compass of universal law [that of the EU and the European Court of Human Rights] persists, ignoring these and making amendments in line with the historical missions of local institutions and the roles they played in society in the past will mean that Turkey will remain in the ranks of undeveloped countries,” he explains. Karakaş suggests that it is not right for Gül to compromise between two options, one outdated and the other in line with EU standards. “If a need has emerged for a compromise between the political authority and the bureaucracy, which has to work under the command of the political authority in a state structure, this means that there is something wrong with that state structure,” contends Karakaş.

According to Akşam's İsmail Küçükkaya, the action Gül will take regarding the reform package is apparent, and he does not seem in favor of vetoing the package. “Gül and his aides do not find the package to be in conflict with the Constitution; they even assess that it is in line with the international treaties Turkey signed, but they affirm that there are serious loopholes and ambiguities in the package. They agree with the reservations of the military and believe that an additional amendment is necessary. Gül aims to approve this legislation quickly. He sees it as very important for democratization on the one hand and he wants to eliminate the ambiguities in it on the other hand,” says Küçükkaya. He recalled how Gül acted about a similar piece of legislation over which there was much controversy -- legislation initiated in 2008 that would have given covered women access to university education. He waited for a long time to see whether a compromise could be reached and then approved it after seeing no signs of compromise. Küçükkaya says Gül will act the same way again. “Back then, Gül approved the package and released a historic reasoned opinion regarding his decision; now he is very likely to do the same,” says Küçükkaya, explaining that Gül will not veto the legislation but will express his reservations about it.

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