Home > 5 Referendum/Consultation > TÜRKIYE - Opinion on the Amendments to the Constituion Adopted by the Grand National Assembly on 21 January 2017 and to be Submitted to a National Referendum on 16 April 2017
 
 
 
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Paragraph 29
 

There is no formal rule in international law that prevents constitutional amendments during situations of emergency such as times of war, application of martial law, state of siege or extraordinary measures. Yet, such a prohibition is contained in several constitutions (Albania, Estonia, Georgia, Lithuania, Moldova, Montenegro, Poland, Portugal, Romania, Serbia, Spain, Ukraine).14 For example, Article 228 § 6 of the Polish Constitution states clearly that: “during the period of introduction of extraordinary measures, the following shall not be subject to change: the Constitution, the acts on elections to the Sejm, the Senate and organ of local government (…)”. Similarly, Article 147(2) of the Constitution of Lithuania provides that “During a state of emergency or martial law, amendments to the Constitution may not be made” and Article 157 of the Constitution of Ukraine provides that “The Constitution of Ukraine shall not be amended under the conditions of martial law or a state of emergency”. There is no such provision under the Turkish Constitution.