Six Tables published a 12-item statement following CHP Chairman Kemal Kılıçdaroğlu was selected as the presidential candidate.
The published statement became the subject of discussion because of its articles that violated the Constitution.
LAWYERS TALK TO NEWS7
Member of the Constitutional Commission of the Grand National Assembly of Turkey, AK Party Afyonkarahisar Deputy Ali Ozkaya and Kırıkkale University Law Faculty, Constitutional Law Instructor Dr. Adnan KucukHe made special statements to Haber7.
ÖZKAYA: EXECUTION IS NOT ONLY AUTHORITY, IT IS ALSO A DUTIES
Ali Özkaya, who gave critical information regarding the duties and powers of the President, said in his statement:
“The President is the head of state, and the executive power belongs to the president. Our Constitution says this. At the same time, Article 11 of the Constitution states that ‘Constitutional provisions are the basic legal rules that bind the legislative, executive and judicial organs, administrative authorities and other institutions and individuals. Laws cannot be contrary to the Constitution. .’ Again, in Article 8 of the Constitution, ‘The executive power and duty are exercised and performed by the President and the Council of Ministers in accordance with the Constitution and laws.’ The executive is not only a power, but also a duty. Therefore, the president has to use his powers in Article 104 of the Constitution, in accordance with the Constitution and the laws, as well as the issues in his jurisdiction and duty in Article 8 of the Constitution.”
ABSOLUTE AUTHORITY BELONGS TO THE PRESIDENT
Özkaya stated that it is natural for the President to consult, but he has absolute authority.Of course, the President consults, talks and consults. But he exercises absolute authority. If you say, ‘The President uses his authority with his deputies and ministers by signing,’ this would be unconstitutional. You are violating the Constitution.” said.
THEY WILL TAKE THE EXECUTIVE BOARD ELECTED BY THE NATION UNDER TUTORIAL
Ali Özkaya emphasized that Six Tables, which defamed the Presidential Government System, intends to bring a monstrous system to Turkey. Stating that a system that violates the current Constitution is imposed, Özkaya said:
“The Strengthened Parliamentary System that those who call our Presidential Government System a freak want to bring is a much more disastrous system. You can change the Constitution for the system you put forward, you can do whatever you want in accordance with it. But as long as the current Constitution exists, you can never limit it to any other authority. “It is to take the authority given by the Constitution, the executive organ chosen by the nation, under guardianship. No organ can use an authority that is not in the Constitution. This would be a clear constitutional violation.”
THE MAYOR AND THE VICE PRESIDENT CANNOT BE BOTH
Drawing attention to the 12th article in the statement published by Altılı Masa, Özkaya noted that the duties of both mayor and vice president cannot be carried out at the same time. Ozkaya, “The Constitution established the administration’s guardianship authority over the neighborhood administrations. It is clear that the central government has the authority of administrative tutelage over the local government in the 5th paragraph of Article 127 of the Constitution. The mayor is the head of the local government. Bringing the mayor to the level of vice-president or minister, who has administrative tutelage, would also be inconsistent with the Constitution.” he stated.
“EVEN MGK DECISIONS ARE RECOMMENDED DECISIONS”
Stating that even the decisions of the National Security Council are in the nature of advice to the President, Özkaya said:It is neither possible nor correct to compare a consultative body regulated by the constitution under the Presidency to the protocol created by the advisory body.” he stated.
SUCH APPOINTMENTS CAUSE NEW CHAOS AND CRISES
Noting that appointments to be made in violation of the Constitution will be the subject of lawsuits and cause new crises, Özkaya said, “Those whose rights have been violated by appointments will file a lawsuit. These are the subject of serious discussion. The judiciary can never ignore open violations of the Constitution.” made a statement.
SMALL: THE ONE WILL SAY THE LAST WORD
“Can the President partner with the authorities or not? There is no other provision in the Constitution on this issue.” said Academician Dr. Adnan Kucuk said:Such legislation may be established by presidential decree or a law. However, the Constitutional Court will have the final word. The decision of the AYM is binding on everyone.” he said.
HOW HEALTHY WILL THE SYSTEM WORK?
Pointing out that the legal cover can be created somehow, Küçük said, “Can they achieve this by creating the legal infrastructure? They can provide. The important thing is: How healthy will this system be when it comes to making an important decision regarding national security policies? To give a concrete example… Let’s assume that HDP is also involved in this process. Even if they are not included, if they feel that they have to take their sensitivities into account because they need the vote, there may be a problem in the functioning when HDP does not vote in a decision taken.‘ he said.
TURKEY MAY FACE SERIOUS PROBLEMS
Adnan Küçük stated that Turkey might face serious problems with the system put in front of the nation.In the fight once morest terrorism, in policies regarding the Eastern Mediterranean, Aegean and Libya, beyond the Constitution or the law, Turkey may face serious problems. There are moments when you have to make the decision within 10 minutes or 1 hour. When a path is followed, saying ‘Let’s gather those 5-6 people and consult’, the one who takes the horse passes Üsküdar. Turkey may come to the point of destruction. Even following reaching the point of destruction, the point will be reached whether that decision is taken or not. In that respect, the executive must be strong and have the ability to make snap decisions. Such an event cannot happen anywhere in the world. Turkey may face a more problematic system than the parliamentary system” he stated.
SOURCE: NEWS7
Nurullah Alpay
Haber7.com – Editor
