CHP plans triple appeal against landmark reform package

The staunchest opposition to the Justice and Development Party (AK Party) government's plans to amend the Constitution, a remnant of the Sept. 12, 1980 coup d'état, continues to come from the CHP, which believes the planned amendments will help the ruling party to expand its control over the judiciary. Therefore, the CHP refuses to attend the voting sessions in Parliament. The main opposition party is supported by the Peace and Democracy Party (BDP) and the Democratic Left Party (DSP) in its protest. The Nationalist Movement Party (MHP) is attending the vote, but its deputies are casting votes against the amendments.

The CHP is now working on a number of alternatives in applying to the top court for the annulment of the amendments if Parliament passes the reform package. Party officials have announced that seven independent deputies and six DSP deputies will cooperate with the CHP to take the amendments to the Constitutional Court. The MHP and the BDP are, however, reluctant to lend support to the main opposition party in its top court campaign.

A political party has to garner the support of at least 110 deputies if it wishes the Constitutional Court to annul a bill already passed in Parliament on the grounds of its content. In early April the government presented a 30-article reform package to Parliament. Among other things, the package includes changes to the structure of the Constitutional Court and the Supreme Board of Judges and Prosecutors (HSYK) and would make party closures more difficult.

However, some members of the higher judiciary are opposed to Parliament selecting some members of the HSYK and the Constitutional Court. As for the amendment making party closures more difficult, they say the right to file closure cases against political parties should not be subject to the approval of Parliament as is proposed in the package.

The CHP announced its intention to block the government’s efforts on three articles included in the constitutional amendment package in early April. It said it would not cooperate with the ruling party on the most debated articles, covering changes to the structure of the Constitutional Court and the HSYK and making party closures more difficult. Later in the same month, the CHP changed its tactics and refused to support the package as a whole.

The main opposition party is now planning to make three separate applications to the top court for the annulment of the planned amendments to the Constitution. The party will base its arguments for the first appeal on the alleged violation of parliamentary bylaws when the package was being voted in Parliament. The party does not have to gather the support of 110 deputies for such an appeal.

A tug-of-war among deputies over the violation of bylaws wasted five hours in Parliament on Monday, delaying the voting process. CHP deputies claimed that Parliament Speaker Mehmet Ali Şahin had violated parliamentary bylaws when opening the articles of the constitutional package to debate.

The CHP also plans to apply to the Constitutional Court if the ruling AK Party takes the planned amendments to a referendum. In such a case, the main opposition party will ask the top court for a stay on the referendum. Such a move may prevent the government from holding the expected referendum for several months, according to observers.

The CHP’s third appeal to the Constitutional Court against the constitutional amendments will target both the content and procedural grounds of the reform package. The party will argue that the amendments violate the principle of the separation of powers in Turkey. CHP members who are experts in law are now trying to decide when to file the petitions with the top court. Though the party is willing to apply to the Constitutional Court once the reform package is approved in Parliament, such a move faces the risk of rejection by the top court.

In the meantime, CHP parliamentary group deputy chairman Kemal Anadol complained on Tuesday about deputies casting their votes on the constitutional amendments publicly in Parliament and said his party would take the issue to the Constitutional Court. Deputies are supposed to use secret ballots on the amendments.

According to analysts, Turkey will be dragged into an atmosphere of chaos if the Constitutional Court decides on a stay for the referendum based on an appeal from the CHP. In such a case, the ruling AK Party will most probably play its final trump card and call for early parliamentary elections. The elections will also have a decisive impact on the referendum.

There is also the possibility of the Constitutional Court only nullifying certain articles of the constitutional reform package. For instance, the court may rule against the changes to the structure of the Constitutional Court and the HSYK.

On the other hand, if the court rejects the CHP’s expected appeals against the reform package, Turkey will hold a referendum on the constitutional amendments early in July.