Changes for adaptation to the Presidential Government System

Following the presidential and general elections, for the purpose of “adaptation to the Presidential Government System”, a number of executive decrees were issued under the scope of the Law numbered 7142 and dated May 2018, entitled “Authorization Act Amending Various Laws and Executive Decrees for the Purpose of Adaptation to the Turkish Constitution.” Executive Decrees 698 and 700, set to come into effect on the President’s date of inauguration, shifted all the powers and authorities of the council of ministers and the prime minister outlined in a large number of laws and executive decrees to the president; the phrases ‘council of ministers’ and ‘the prime minister’ were removed from the entire legislative corpus.

To this end, the phrases “cabinet council”, “council of ministers” and “prime minister” were replaced by the phrase “president”. In the areas where the vice presidents are now authorized, the phrase “prime minister” was replaced with “vice presidents”. Likewise, “bylaw” and “charter” were replaced by “regulation to be issued by the president” or “presidential executive decree”. Furthermore, the obligation to obtain the prior suggestion, proposition or opinion of the related ministry was removed from various law articles.

In these two executive decrees’ articles on validity, it was stated that any references to the council of ministers or ministries in the laws and executive decrees currently in effect will be deemed to have been replaced by references to the president.

Executive Decree 698 also stipulated that assistant specialists serving in the central organization of the prime minister’s office, whose specialization thesis is approved at the end of the two-year term, will be granted the right to take the proficiency exam without having to have worked for three years.

Executive Decree 699 added one sentence to the Article 20 paragraph 2 on the Law on the Election of the President, stipulating that the Supreme Election Board’s report confirming the election of the president will be submitted to the Presidency of the Turkish Grand National Assembly to be delivered to the President. The executive decree also states that the president’s inauguration ceremony at the TGNA will be held within the three days following the first day that the TGNA convenes after its own election; in case the president is elected in the second tour or in case only the presidential election is held, the ceremony will be organized within the three days after the election results become official and the TGNA will be convened immediately.

Executive Decree 700 sorted out all relevant articles in the legislation, and stipulated that certain issues which previously had to be legislated by special laws can now also be legislated by presidential decree.

Changes for adaptation to the Presidential Government System