{"id":672584,"date":"2019-12-04T09:16:21","date_gmt":"2019-12-04T06:16:21","guid":{"rendered":"https:\/\/www.turkishnews.com\/tr\/content\/?p=672584"},"modified":"2019-12-04T09:16:21","modified_gmt":"2019-12-04T06:16:21","slug":"erdogans-power-grab","status":"publish","type":"post","link":"https:\/\/www.turkishnews.com\/en\/content\/2019\/12\/04\/erdogans-power-grab\/","title":{"rendered":"Erdo\u011fan\u2019s power grab"},"content":{"rendered":"<div class=\"story-intro format-l\">\n<figure class=\"art\">\n<div class=\"fig-graphic\">\n<div class=\"photo-wrapper\">\n<div class=\"photo-article\"><\/div>\n<\/div>\n<\/div>\n<\/figure>\n<\/div>\n<p>The Taksim Square in Istanbul | Chris McGrath\/Getty Images<\/p>\n<header>\n<p class=\"subhead\">What the upcoming referendum means for Turkey.<\/p>\n<\/header>\n<footer class=\"meta\">By <span class=\"byline\"><span class=\"vcard\">Zia Weise<\/span><\/span><\/p>\n<p class=\"timestamp\"><strong><time datetime=\"2017-03-31T04:06:40+00:00\">3\/31\/17, 4:06 AM CET<\/time><\/strong><\/p>\n<p class=\"updated\"><strong>Updated <time datetime=\"2017-04-12T12:00:21+00:00\">4\/12\/17, 12:00 PM CET<\/time><\/strong><\/p>\n<\/footer>\n<div class=\"content-groupset pos-beta\">\n<div class=\"content-group story-core\">\n<div class=\"story-text has-sidebar\">\n<p>ISTANBUL \u2014 The cure-all for Turkey\u2019s ills is close at hand \u2014 if you believe Recep Tayyip Erdo\u011fan: a \u2018yes\u2019 result in next month\u2019s referendum would restore security and stability, the president promises.<\/p>\n<p>Yet opposition leaders warn that switching to a presidential system of government, as proposed by Erdo\u011fan, would threaten democracy. To foreign observers, this may be strange to hear. After all, a number of democracies are governed by an executive presidency, among them the United States.<\/p>\n<p>But in Turkey\u2019s case, the term is used as shorthand for a constitutional reform package that \u2014 if approved \u2014 would represent the most radical political change since the modern republic\u2019s foundation in 1923.<\/p>\n<p>Critics, including the Council of Europe\u2019s Venice Commission, fear the new constitution would mark a point of no return for the country\u2019s slide into authoritarianism.<\/p>\n<p>At its core, the overhaul\u00a0proposed by the ruling Justice and Development Party (AKP) would replace Turkey\u2019s parliamentary model of government with a presidential system, handing President Recep Tayyip Erdo\u011fan executive powers. Erdo\u011fan would become both head of state and head of government \u2014 on paper, like the presidents of the U.S., Mexico, or Cyprus.<\/p>\n<p>Erdo\u011fan\u00a0has invoked the U.S. model to soothe fears of authoritarian rule while also insisting that Turkey would design its own system. In January, the government finally laid out the plans for his \u201cTurkish-style\u201d model, proposing a powerful executive presidency and a significantly diminished parliament.<\/p>\n<blockquote><p>&#8220;Presidentialism\u00a0\u00e0 la Turca is a recipe for disaster. Whoever receives this much power would be in a position to abuse this much power\u201d \u2014\u00a0<em>Aykan Erdemir, Foundation for Defense of Democracies<\/em><\/p><\/blockquote>\n<p>In\u00a0a report released this month, the Venice Commission saw \u201clittle resemblance\u201d between Turkey\u2019s proposals and the American model, noting that the amendments \u201cwould confer substantially more power on the president, and include substantially fewer checks and balances\u201d than in the U.S. \u2014 an argument echoed by many of Erdo\u011fan\u2019s opponents.<\/p>\n<p>\u201cA presidential system doesn\u2019t necessarily mean the erosion of the separation of powers,\u201d said Aykan Erdemir, a fellow at the Washington-based Foundation for Defense of Democracies and former MP for the main opposition party CHP. \u201cBut presidentialism\u00a0\u00e0 la Turca is a recipe for disaster. Whoever receives this much power would be in a position to abuse this much power.\u201d<\/p>\n<p>Ahead of the April 16 referendum, here\u2019s a guide to the proposed changes.<\/p>\n<h3>A powerful president &#8230;<\/h3>\n<p>The existing Turkish constitution ascribes a mainly ceremonial role to the president, with the power largely in the hands of the prime minister and parliament \u2014 in theory, at least.<\/p>\n<p>Ever since Erdo\u011fan\u00a0became Turkey\u2019s first directly elected president in 2014, after more than a decade as prime minister and leader of the AKP, he has expanded the office beyond its constitutional limits, effectively remaining in charge of the country. A state of emergency imposed in the aftermath of last summer\u2019s failed coup has allowed him to rule by decree.<\/p>\n<div id=\"attachment_601410\" class=\"wp-caption aligncenter\">\n<p class=\"wp-caption-text\">A rally in Istanbul in support of Erdo\u011fan | Ozan Kose\/AFP via Getty Images<\/p>\n<div class=\"story-interrupt format-s pos-alpha predetermined\">\n<div id=\"div-gpt-ad-Instory-2\" class=\"dfp-ad dfp-Instory-2\" data-google-query-id=\"CInbjNyqm-YCFUHdyAodp0MAIA\">\n<div id=\"google_ads_iframe_\/52224093\/Instory-2_0__container__\"><\/div>\n<\/div>\n<\/div>\n<\/div>\n<p>Under the new constitution, the temporary powers granted to Erdo\u011fan by emergency law would become permanent. While parliament would retain its legislative role, the president could simply bypass parliament by issuing decrees with the force of law.<\/p>\n<p>\u201cIt\u2019s a paradigm shift,\u201d said Bertil Emrah Oder, a professor of constitutional law at Istanbul\u2019s Koc University. Currently, she noted, presidential decrees have to be approved by the cabinet \u2014 a check on the president\u2019s power that would no longer exist if the referendum passes.<\/p>\n<p>The government argues that presidential decrees cannot alter existing laws or fundamental rights and freedoms. However, this changes under emergency law, according to Oder. \u201cIf a state of emergency is declared, he could, in fact, regulate even these rights and freedoms,\u201d she said.<\/p>\n<blockquote><p>Erdo\u011fan has flouted the neutrality rule since becoming president and repeatedly campaigned on behalf of the AKP.<\/p><\/blockquote>\n<p>The constitutional changes abolish the role of prime minister. Instead, Erdo\u011fan\u00a0could appoint one or several vice-presidents. The president would be able to appoint his own cabinet, selecting and firing ministers and other senior officials without needing approval from parliament. He would be responsible for the annual budget and national security policy.<\/p>\n<p>On top of that, the president may be partisan. The current constitution requires the president to be neutral and give up any party affiliation \u2014 a law that casual Turkey-watchers may be unaware of, as Erdo\u011fan has flouted the rule since becoming president and repeatedly campaigned on behalf of the AKP.<\/p>\n<h3>\u2026 and a weakened parliament<\/h3>\n<p>Parliament would keep some powers \u2014 to declare war, for instance. But its ability to control the executive is\u00a0restricted under the new constitution.<\/p>\n<p>While the president retains his right to dissolve parliament whenever he wishes, lawmakers have few resources to rid themselves of the president: the impeachment process is complex, requiring the support of an absolute majority in parliament and the approval of the Constitutional Court. And the president appoints a number of Constitutional Court members.<\/p>\n<p>The constitutional amendments also revoke several checks on the executive, including parliament\u2019s right to issue motions of censure (a formal strong rebuke), votes of no confidence or oral questions to the executive. Lawmakers may only raise written questions.<\/p>\n<p>\u201cTaking the general ineffectiveness of impeachment procedures into account, that cannot be regarded as sufficient checks and balances,\u201d said Oder. Given the strict party discipline in Turkey, the president \u2014 who would keep his position as party leader \u2014 would have significant control over parliament, she added.<\/p>\n<div id=\"attachment_601409\" class=\"wp-caption aligncenter\">\n<p class=\"wp-caption-text\">A shop in the Mahmutpasa district in Istanbul | Ozan Kose\/AFP via Getty Images<\/p>\n<\/div>\n<p>Parliament\u2019s power to legislate is also weakened. Currently, the president may return bills to parliament to be reconsidered, but lawmakers can bypass his objections with a simple majority. Yet under the new constitution, the president gains veto rights on any law, a power that parliament can only override with an absolute majority.<\/p>\n<p>Erdo\u011fan\u00a0and his supporters argue that these changes would reduce instability and prevent political stalemates created by any\u00a0competing power centers. The government has dismissed suggestions that the new constitution would pave the way for more autocratic rule, insisting that the amendments would hand more power to the people, not the president.<\/p>\n<p>\u201cIn the current system, society elects parliament, and parliament forms a government. That\u2019s indirect legitimacy,\u201d Erdo\u011fan\u2019s adviser Mehmet Ucum\u00a0said during a conversation with reporters and others in Istanbul this week. \u201cIn the new system, society will elect the\u00a0parliament and the government \u2014 so, direct legitimacy,\u201d he said.<\/p>\n<h3>An &#8216;impartial&#8217; judiciary?<\/h3>\n<p>At first glance, Turkey\u2019s highly politicized justice system would be changed for the better under the new constitution. Military courts in peacetime would be abolished. Moreover, courts would have to act \u201con condition of impartiality\u201d \u2014 but critics say this amendment is rendered meaningless by the new powers granted to the president.<\/p>\n<p>The new constitution would enable Erdo\u011fan\u00a0to appoint four of 13 members of the Council of Judges and Prosecutors \u2014 the judiciary\u2019s top disciplinary board overseeing appointment and dismissal of judges and public prosecutors \u2014 in addition to the minister and undersecretary of justice, who also sit on the Council. The remaining seven members are elected by parliament.<\/p>\n<blockquote><p>The proposed changes are projected to come into effect in 2019 and Erdo\u011fan could, therefore, rule Turkey until 2029.<\/p><\/blockquote>\n<p>Currently, Erdo\u011fan\u00a0chooses only three appointees of a 22-member board \u2014 but the constitution requires him to make politically neutral choices. With the impartiality clause gone, the Venice Commission warned, the president could control the entire board if his party held a three-fifths majority in parliament. (The AKP is 13 seats short of a three-fifths majority.)<\/p>\n<p>\u201cThat would place the independence of the judiciary in serious jeopardy,\u201d the commission\u2019s report concluded. \u201cGetting control over this body\u2026 means getting control over judges and public prosecutors.\u201d<\/p>\n<p>Besides transforming Turkey into a presidential republic, the new constitution includes a series of minor changes, including lowering the minimum age for MP candidates from 25 to 18\u00a0and increasing the number of seats in parliament from 550 to 600.<\/p>\n<div id=\"attachment_601404\" class=\"wp-caption aligncenter\">\n<p class=\"wp-caption-text\">Some 12,000 women filled on March 5 an Istanbul arena in support of a Yes vote in the referendum | Ozan Kose\/AFP via Getty Images<\/p>\n<\/div>\n<p>Parliamentary elections would be held every five years instead of every four, with presidential elections taking place simultaneously. A president would only be allowed to stay in office for two full terms but would be permitted to stand for a de facto third term, in case of early elections.<\/p>\n<p>The proposed changes are projected to come into effect in 2019 and Erdo\u011fan could, therefore, rule Turkey until 2029 \u2014 that is\u00a0if the referendum passes: current polls predict a close race, with the \u201cno\u201d vote slightly ahead of the government\u2019s \u201cyes\u201d camp.<\/p>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>The Taksim Square in Istanbul | Chris McGrath\/Getty Images What the upcoming referendum means for Turkey. By Zia Weise 3\/31\/17, 4:06 AM CET Updated 4\/12\/17, 12:00 PM CET ISTANBUL \u2014 The cure-all for Turkey\u2019s ills is close at hand \u2014 if you believe Recep Tayyip Erdo\u011fan: a \u2018yes\u2019 result in next month\u2019s referendum would restore [&hellip;]<\/p>\n","protected":false},"author":4092,"featured_media":670701,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[89],"tags":[1018],"class_list":["post-672584","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-turkey","tag-recep-tayyip-erdogan"],"_links":{"self":[{"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/posts\/672584","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/users\/4092"}],"replies":[{"embeddable":true,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/comments?post=672584"}],"version-history":[{"count":0,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/posts\/672584\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/media\/670701"}],"wp:attachment":[{"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/media?parent=672584"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/categories?post=672584"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/tags?post=672584"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}