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May 27, 2012
 
 
 
 
 
 

AK Party fine-tunes reform package to prevent annulment

9 April 2010 / ERCAN YAVUZ, ANKARA
In a move to prevent the opposition from taking the government’s constitutional amendment package to the Constitutional Court for annulment, the ruling Justice and Development Party (AK Party) has made some changes to articles that would create grounds for its abrogation.

After the main opposition Republican People’s Party (CHP) announced that they are determined to take the changes to the Constitutional Court, AK Party jurists identified the deficiencies in the package that would pave the way for an annulment. In light of this, the ruling party withdrew the 29-article constitutional amendment package it submitted to Parliament last week to prevent recent debates over the list of signatures attached to the bill from casting a shadow over the future of the package.

Soon after the government presented the first proposal to Parliament, the CHP started a debate alleging that Parliament Speaker Mehmet Ali Şahin’s signature was among the signatures on the package sponsored by the AK Party, which is against parliamentary bylaws since the speaker should be impartial. Although both Şahin and AK Party officials denied the claims, uneasy with the ongoing debates on the issue, the AK Party withdrew the proposal to present it once again after changing the signature list. The package with the new signatures, including that of the prime minister, was submitted to Parliament again on Monday. Parliament’s Constitutional Commission began reviewing the package yesterday.

Commission discussion on reform package begins with quarrel

Parliament’s Constitutional Commission began reviewing the government’s 29-article constitutional reform package yesterday amid bickering between deputies.

The Constitutional Commission gathered at 2 p.m. under the chairmanship of Burhan Kuzu, the head of the commission. The government was represented by Deputy Prime Minister Cemil Çiçek while the Justice and Development Party (AK Party) was represented by the party’s parliamentary group deputy chairman Bekir Bozdağ. Republican People’s Party (CHP) and Nationalist Movement Party (MHP) parliamentary group deputy chairmen were also present at the meeting. Kuzu delivered an opening speech at the beginning of the meeting in which he underlined the need to amend the current Constitution. When Kuzu requested members of the press leave the meeting after his speech since dozens of deputies were also there to observe the meeting, a squabble erupted over finding a seat for Tunceli independent deputy Kamer Genç. A seat was later found for Genç. Hamza Erdoğan Ankara

The AK Party also removed the articles that are directly related to elections, taking into consideration the fact that according to the Constitution changes made to the Election Law cannot be implemented for elections to be held within the next year. The government was planning to introduce the “Turkey deputy” system in response to criticism of Turkey’s current 10 percent election threshold. The government suggested that 100 deputies in the 550-seat Turkish Parliament be elected as “Turkey deputies” to provide fair representation for parties. However, taking into consideration that the inclusion of this system to the package would be delayed if the CHP initiated a debate, the AK Party removed it from the package.

CHP playing final trump card

The AK Party’s moves to foil the CHP’s plans for an annulment seem to have made it harder for the CHP to appeal to the Constitutional Court. Another development that disappointed the main opposition party was the recent remarks of former President Ahmet Necdet Sezer, who said the CHP cannot appeal the package before a referendum is held on it.

“This change cannot be enacted without being accepted in a referendum. For this reason, it cannot be filed at this time,” he said.

The CHP, which currently has 97 deputies in Parliament, needs 13 more deputies to appeal to the top court. Failing to get the support of 13 deputies, the CHP’s latest move has been to ask President Abdullah Gül for help.

Speaking at his party’s parliamentary group meeting on Tuesday, CHP leader Deniz Baykal called on Gül to remove three articles included in the package regarding judicial reform and submit them to a public referendum. Baykal said that if the president listens to his suggestion, he will have done a “historic service” to the society. “If the president does so, we, the CHP, would compromise,” Baykal said, adding that this would be the way to ease tension. Baykal then said his party would work in Parliament to approve the other suggestions in the constitutional amendment package.

The articles Baykal wants removed from the package are those on the structure of the Constitutional Court and the Supreme Board of Judges and Prosecutors (HSYK) as well as a change regarding party closures. However, these articles are the raison d’être of the package.

The AK Party’s jurists are also planning to lower the 10 percent election threshold after the enactment of the constitutional changes, which was a demand of the smaller parties in Parliament during their meetings with the AK Party to discuss the package.

 
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