The government’s long-awaited constitutional reform package has attracted considerable support from civil society, which has called on the Justice and Development Party (AK Party) government to speed up efforts to pass it in Parliament. The government’s attempt to change the existing Constitution, which was drafted during a period of martial law after the Sept. 12, 1980 coup d’état, has been met with enthusiasm by members of the SDP. According to the head of the platform, Ayhan Ogan, the package is among the most important steps taken by Turkey to abolish the tutelage over Parliament and free the country of the chains that impede it. “In fact, this package is insufficient in our opinion. We think Turkey’s needs can’t be met unless the 1982 Constitution is totally changed. However, we know that it is impossible to change the Constitution or to try juntas established to protect the status quo without judicial reforms. From this perspective, we see this proposal to change 26 articles of the Constitution as a step that would relieve Turkey. The political parties that oppose this package will have difficulty explaining their opposition, even to their grassroots supporters. This is the biggest change with a civilian understanding. We hope it passes in Parliament. If it does not, we are ready to do whatever falls on us to support this package in the referendum period,” Ogan said. The AK Party cannot currently amend the Constitution by itself, as it has 338 seats in Parliament and 367 votes are needed for constitutional amendments. Changes to the Constitution that are voted for by more than 330 but less than 367 deputies should be taken to a public vote. The AK Party is determined to take the package to the public if it fails to be approved in Parliament.
Representatives of the 402 civil society organizations under the umbrella of the platform also voiced their support for the package. Members of the platform, which was established nearly two months ago to push proposals for a new constitution, underline that the government’s move should be the precursor to a new civilian constitution.
Lawyer Necati Ceylan, the head of the Turkish Foundation for Volunteer Organizations (TGTV), also said he sees the reform package proposed by the government as positive but insufficient. “At least some of the members of the Supreme Board of Judges and Prosecutors [HSYK] and the Constitutional Court should be selected by Parliament. The board of judges and the board of prosecutors should be separate. The Supreme Court of Appeals and the Council of State should be restructured,” he said, proposing further reforms.
Mustafa Şentop, a member of the platform and a professor of constitutional law, also said the package should have been more courageous. He says the bravest amendments are the changes to party closure procedures. If the package is passed, it will make it more difficult to shut down political parties. Approval by two-thirds of a commission made of five members of every party represented in Parliament will be needed before a closure case against a political party can be filed based on a demand from the chief prosecutor of the Supreme Court of Appeals.
