Country Report Turkey May 2011

The political scene: The government seeks rule by decree before the election

In the run-up to the election, the AKP is displaying a high level of confidence as the incumbent with a solid lead in opinion polls. It is also showing a steely determination to push ahead with its legislative agenda, which it is expected to carry into the next parliament. On April 5th parliament authorised the government to issue decrees with the force of law for a period of up to six months on the grounds that the business of parliament has slowed down and many deputies are away campaigning in their constituencies, making it difficult to pass legislation. The government will be able to legislate without having to put bills to a vote in the national assembly. This is the first time that the AKP has resorted to such measures. The opposition parties condemned the move, claiming it is unconstitutional. However, provisions for rule by decree are permitted under article 91 and previous administrations have utilised them.

The government has continued to implement the constitutional reforms that were approved in a referendum in September 2010. Having first overhauled the Supreme Board of Judges and Prosecutors (HSYK), which has responsibility for appointing judges and prosecutors across the country, in late 2010 (November 2010, The political scene), the government has more recently passed legislation to implement changes to the structure, appointment and powers of the Constitutional Court. This limits appointments to the court to a maximum of 12 years, increases the number of members appointed by the president and makes it more difficult for the court to close a political party.

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