President of Turkey
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The President of Turkey is the head of state of the Republic of Turkey. In this capacity he represents the Republic of Turkey, and the unity of the Turkish nation; he ensures the implementation of the Turkish constitution, and the organized and harmonious functioning of the organs of state. The articles from 101 to 106 of the constitution establish all the requirements, election, duties and responsibilities for the office of the president.
The office of the President of Turkey was established with the proclaimation of the Republic of Turkey on October 29, 1923. The first president elected was Mustafa Kemal Atatürk. Current office-holder is the 10th president Ahmet Necdet Sezer since May 16, 2000.
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[edit] Qualifications
In order to become President of Turkey, the candidate must be a member of the Turkish Grand National Assembly, or be a Turkish citizen, who is eligible to be deputy, be at least 40 years of age and have completed higher education.
The president-elect has to sever his relations, if any, with his party, and his status as a member of the Turkish Grand National Assembly must cease.
[edit] Election
The election of the president must begin 30 days before the term of office of the incumbent president expires or 10 days after the presidency falls vacant, and must be completed within 30 days of the beginning of the election. Candidates must be declared to the bureau of the parliament within the first 10 days of this period, and elections must be completed within the remaining 20 days. If the parliament is not in session, it must be summoned immediately to meet.
A written proposal by at least one-fifth of the total number of the parliament members is required when a candidate for the presidency from outside the Turkish Grand National Assembly will be nominated.
The president is elected by a two-thirds majority of the total number of members of the Turkish Grand National Assembly by secret ballot. If a two-thirds majority of the total numbers cannot be obtained in the first two ballots, between which there must be at least a 3-day interval, a third ballot has to be held, and the candidate, who receives the absolute majority of the votes of the total number of members is elected president. If an absolute majority of the votes of the total number of the members is not obtained in the third ballot, a fourth ballot will be held between the two candidates who receive the greatest number of votes in the third ballot; if the president cannot be elected by an absolute majority of the total number in this ballot, new general elections for the Turkish Grand National Assembly must be held immediately.
[edit] Term of office
The president is elected for a term of office of 7 years, and can not be elected for a second time.
The term of office of the incumbent president continues until the president-elect takes office.
[edit] Oath of office
On assuming office, the president takes the following oath before the parliament:
"In my capacity as President of the Republic, I swear upon my honor and integrity before the Turkish nation and before history to safeguard the existence and independence of the state, the indivisible integrity of the country and the nation and the absolute sovereignty of the nation, to abide by the constitution, the rule of law, democracy, the principle of the secular republic, not to deviate from the ideal according to which everyone is entitled to enjoy human rights and fundamental freedoms under conditions of national peace and prosperity and in a spirit of national solidarity and justice, and do my utmost to preserve and exalt the glory and honor of the Republic of Turkey and perform without bias the functions that I have assumed."
[edit] Duties and responsibilities
[edit] Legislative functions
- to deliver, if he deems it necessary, the opening address of the parliament on the first day of the legislative year,
- to summon the parliament to meet, when necessary,
- to promulgate laws,
- to return laws to the parliament to be reconsidered,
- to submit to referendum, if he deems it necessary, legislation regarding amendment of the constitution,
- to appeal to the Constitutional Court for the annulment of certain provisions or the entirety of laws, decrees having the force of law, and the Rules of Procedure of the parliament on the grounds that they are unconstitutional in form or in content,
- to call new elections for the parliament
[edit] Executive functions
- to appoint and to accept the resignation of the prime minister,
- to appoint and dismiss ministers upon the proposal of the prime minister,
- to preside over the council of ministers or to call the council of ministers to meet under his chairmanship whenever he deems it necessary,
- to accredit representatives of the Turkish State to foreign states, and to receive the representatives of foreign states appointed to the Republic of Turkey,
- to ratify and promulgate international treaties,
- to represent the Supreme Military Command of the Turkish Armed Forces on behalf of the Turkish Grand National Assembly,
- to decide on the mobilization of the Turkish Armed Forces,
- to appoint the Chief of the General Staff,
- to call the National Security Council to meet,
- to preside over the National Security Council,
- to proclaim martial law or state of emergency, and to issue decrees having the force of law, upon a decision of the council of ministers meeting under his chairmanship,
- to sign decrees,
- to remit, on grounds of chronic illness, disability, or old age, all or part of the sentences imposed on certain individuals
- to appoint the members and the chairman of the State Supervisory Council,
- to instruct the State Supervisory Council to carry out inquiries, investigations and inspections,
- to appoint the members of the Higher Education Council,
- to appoint rectors of universities.
[edit] Judiciary functions
- to appoint the members of the Constitutional Court, one-fourth of the members of the Council of State, the Chief Public Prosecutor and the Deputy Chief Public Prosecutor of the Higher Court of Appeals, the members of the Military High Court of Appeals, the members of the Supreme Military Administrative Court and the members of the Supreme Council of Judges and Public Prosecutors.
The president performs also the duties of selection and appointment, and other duties conferred to by the constitution and laws.
[edit] Accountability and non-accountability
All presidential decrees, except those which the president is empowered to enact on his own without the signatures of the prime minister and the minister concerned, in accordance with the provisions of the constitution and other laws, must be signed by the prime minister, and the ministers concerned. The prime minister and the ministers concerned are accountable for these decrees. The decisions and orders signed by the president on his own initiatives may not be appealed against to any judicial authority, including the Constitutional Court. The president may be impeached for high treason on the proposal of at least one-third of the total number of the members of the parliament, and by the decision of at least three-fourths of the total number of the members.
[edit] Acting president
In the event of a temporary absence of the president on account of illness, travel abroad or similar circumstances, the speaker of the parliament serves as acting president, and exercises the powers of the president until the president resumes his functions, and in the event that the presidency falls vacant as a result of death or resignation or for any other reason, until the election of a new president.
