President of Turkey
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The President of Turkey (Cumhurbaşkanı) 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 Prime minister. The office of the President of Turkey was established with the proclamation of the Republic of Turkey on October 29, 1923. The first president elected was Mustafa Kemal Atatürk. Current office-holder is the 11th president Abdullah Gül since August 28, 2007.
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[edit] Qualifications
In order to become President of Turkey, the candidate must have completed higher education, be at least forty years of age, and be a member of the Turkish Grand National Assembly or a Turkish citizen eligible to be a deputy.
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 repute before the great Turkish nation and before history to safeguard the existence and independence of the state, the indivisible integrity of country and nation, and the sovereignty of the nation without restriction or stipulation; to abide by the Constitution, the rule of law, democracy, the principles and reforms of Ataturk, and the principle of a secular republic; not to deviate from the ideal of all enjoying human rights and basic freedoms in peace, prosperity and in a spirit of national solidarity and justice; to preserve and enhance the glory and honor of the Republic of Turkey and to work with all my strength to perform with impartiality 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 grant full or partial clemency, 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 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.
[edit] See also
- Çankaya Köşkü Presidency of the Republic of Turkey
- List of Presidents of Turkey
[edit] References
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