I understand that Turkey is a party to several international treaties, but I don’t see any effects of these treaties in daily life. Is an international treaty applied as local law or is it a kind of supplementary or second-level regulation? Best regards. Patrick”Dear Patrick: An international treaty is one of the sources of the Turkish legal system along with others such as local laws, communiqués and other substantial or procedural legal regulations. The position and power of an international treaty is governed by Article 90 of the Constitution. Article 90 states (this is the official translation of the article that I have slightly changed so one can understand it better), “The ratification of treaties concluded with foreign states and international organizations on behalf of the Republic of Turkey shall be subject to adoption by the Turkish Grand National Assembly [Parliament] by a new enactment which approves the ratification of the treaty.
“Treaties regulating economic, commercial and technical relations and treaties covering a period of less than one year may be put into effect through promulgation, provided that such treaty should not entail any financial commitment by the state and provided that such treaty should not infringe upon the status of individuals or upon the property rights of Turkish citizens abroad. In such cases, a treaty shall be submitted to the Turkish Grand National Assembly [Parliament] ... within two months of their promulgation.
“A treaty in connection with the implementation of an international treaty and economic, commercial, technical or administrative treaties that are concluded depending on the authorization as is stated in the relevant legislation should not require approval by the Turkish Grand National Assembly [Parliament]. However, a treaty concluded under the provision of this paragraph and affecting economic or commercial relations and the private rights of individuals should not be put into effect unless promulgated.”
Treaties resulting in amendments to Turkish laws shall be subject to the provisions of the first paragraph.
International treaties which are duly put into effect have the same effect as local laws
The Constitution was amended and modified recently and changed the status of international treaties concerning fundamental rights and liberties. Presently, the status of such treaty is now elevated and placed above local domestic laws.
This is actually a very academic matter which exceeds the limits of an expat zone article, and I tried to keep it as enjoyable as possible. If you have any specific questions, please feel free to contact me.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
