Home > 5.3 Validity of the question > 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 46
 

The Turkish authorities explain the essence of the constitutional reform as follows: “the most important feature of the constitutional amendment is that it lifts the dual authority in the executive power. Due to the election of the President by popular vote, he/she is politically responsible in the eyes of the nation. This amendment removes the potential of State crisis between the President on one side and the Prime Minister and the Council of Ministers on the other side which might arise from the broad executive authority of the President.(…) The essence of democracy is to take accountability as a basis. According to the current Constitution, the President has no responsibility even though he has many duties and authorities. Actually, title of article 105 of the Constitution is as 'accountability and non-accountability' and it is underlined that he/she is not accountable except for the 'treason'. By the amendment proposal, this article has been changed together with its title. Hereinafter, title of article 105 will be as 'Criminal Liability of the President'. If the Constitutional amendment is approved by the Nation, the President will be accountable not only for his executions, actions and operations, but also for his/her inaction.(…) According to the constitutional amendment, the executive power will only belong to the publicly-elected President.(…) The legislative power will only belong to the Assembly. The President will not be authorized to put forward a law proposal. A more suitable government system is envisaged with respect to the principle of "checks and balances" since the legislative power is completely separated from the executive power.(…) The President has political responsibility to the people who elect him/her.”