The government, which has seen that passage of a new constitution through the current Parliament will not be possible because of the opposition parties blocking the government’s plans, wants to carry out its plans for a new constitution after the general elections of 2011. Until the elections, the government wants to work on the enactment of EU harmonization laws that do not require a constitutional change.
The allocation of seats in Parliament following the general elections of 2007 has made it difficult for the government to push ahead not only in constitutional changes but also in EU laws. The Republican People’s Party (CHP) and the Nationalist Movement Party (MHP) continue to oppose a new constitution as well as many of the EU harmonization laws. Taking this into consideration, the AK Party, which has 337 seats in Parliament, wants to push for EU laws by using its parliamentary majority.
Taking important steps toward Turkey’s EU goal with eight harmonization laws in 2003, the government declared that 2010 would be “EU harmonization year,” having only enacted one harmonization law in 2009.
In 2009, a law that allowed members of the military to be tried in civilian courts in peace time was the only legal amendment that was enacted in line with EU harmonization laws.
Upon advice from Turkey’s chief EU negotiator, Egemen Bağış, the government decided to allocate one week of every month to EU harmonization laws. The EU process will continue to be one of the agenda items in the first Cabinet meeting of every month.
At a press conference on Friday, Interior Minister Beşir Atalay said that 2011’s general elections would be a referendum for a new constitution.
A bill proposed by the AK Party’s parliamentary group deputy chairman, Bekir Bozdağ, which aims to reduce the waiting period before a referendum can be put to public vote from 120 to 45 days, will supposedly turn the 2011 elections into a referendum on a new constitution. The bill will come to Parliament this week.
Since the CHP and MHP continue to oppose constitutional amendments, the government decided to postpone amending the Political Parties Laws, the Ombudsman Law, the Election Law and laws that will change the structure of the Constitutional Court and Supreme Board of Judges and Prosecutors (HSYK) to 2011.
The government plans to work on two harmonization packages in 2010, one of which will be about freedom of expression and thought while the other concerns laws regarding the government’s Kurdish initiative, which aims to resolve Turkey’s long-standing Kurdish problem. Laws that will expand the freedom of the press will be made in the first package as well as amendments in the Turkish Penal Code (TCK) and the Radio and Television Supreme Council (RTÜK) Law. The Human Rights Presidency, which operates under the Prime Ministry, will be turned into a Human Rights Council which will include representatives from nongovernmental organizations and human rights associations. Separate councils will be established to fight discrimination and ill-treatment by the security forces.
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