CHP kicks up new row to block constitutional changes

The ruling Justice and Development Party (AK Party) has accelerated efforts to make changes to the Constitution as part of the country’s accession to the European Union with a recent move by the party to reduce the waiting time to hold a referendum on constitutional amendments from the current 120 days to 60 days.

The CHP, which on various occasions has announced that it would not lend support to the government’s constitutional reform package, brought a new argument to the debate on the bill on Tuesday. CHP parliamentary group deputy chairman Hakkı Süha Okay said that even if the bill is approved by Parliament, the amendments would be valid for a referendum to be held within a period of less than one year, according to the Constitution. Arguing that a referendum on constitutional amendments is subject to the Election Law, Okay said, “According to the Constitution, changes made to the Election Law cannot be implemented for elections to be held within the next year.” He also accused the government of having no knowledge of the Constitution.

The ruling party, on the other hand, argued that the bill is not subject to the Election Law. AK Party parliamentary group deputy chairman Bekir Bozdağ told reporters that “somebody is trying to include the bill on the waiting period for referenda in the Election Law, but laws on elections and referenda are separate laws.”

Speaking to Today’s Zaman, Serap Yazıcı, an expert in constitutional law, said the latest CHP move is “the CHP’s misconstrual of the clear provisions in the Constitution.” According to Yazıcı, this move is similar to the CHP’s infamous “367 case.” During the presidential election of 2007, inspired by an opinion written by former Supreme Court of Appeals Chief Prosecutor Sabih Kanadoğlu, the CHP applied to the Constitutional Court demanding that the election be canceled, claiming that at least 367 deputies must be present during the parliamentary session to constitute a quorum for the election to be valid. The court canceled the presidential election, and the AK Party called snap parliamentary elections in 2007.

Stating that it is correct that changes made to the electoral system should be passed at least one year before the elections in order to affect the next elections, Yazıcı underlines that the bill drafted by the AK Party, however, concerns the law on public votes, not the Election Law, countering the CHP’s argument. “This amendment is independent from the Election Law. So the CHP’s claim is totally unsubstantiated in terms of the law,” she said. Expressing her hope that the Constitutional Court does not back the CHP’s argument as it did in 2007, she stresses that the referendum can be held after a 120-day period that and the CHP cannot block it, even if the high court annuls the amendment.

Changing the Constitution has been on the AK Party’s agenda since it first came to power in 2002, yet it has so far been unable to make major changes to the current version, which was prepared by the military following the Sept. 12, 1980 coup d’état. The AK Party attempted to draft a new civilian constitution following the July 22, 2007 elections, an attempt that also ended in failure. Now, the AK Party reportedly plans to prepare at least a mini “democracy package” that would smooth Turkey’s way during its EU accession period.

The AK Party cannot currently amend the Constitution by itself as it has 338 seats in Parliament. According to the Constitution, constitutional changes that are voted for by more than 330 but less than 367 deputies must be taken to a public vote.

Under current law, a 120-day waiting period is required to hold a referendum on constitutional amendments. The government has attempted to reduce this period to accelerate the constitutional amendment process, claiming that the current period is unnecessarily long.  Bozdağ drafted a bill in January to reduce the waiting period to hold a referendum on amendments to the Constitution from the current 120 days to 45 days.

Parliament’s Constitutional Commission approved it with one change, increasing the proposed 45 days to 60 days upon the request of the Supreme Election Board (YSK), which said that 45 days would be insufficient for preparations to hold a referendum.