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 61
 

Amended Article 104 stipulates that the President “appoints and dismisses Vice-presidents and ministers”. The President has the exclusive power to decide (Article 106) whether and how many Vice presidents and ministers will be established (although there must be at least one Vice-president, given that the Constitution attributes some powers to him/her). The distinction between Vice-presidents and ministers is unclear. Parliament cannot express its approval for the appointment, which is the case in democratic presidential systems. The only criterion fixed in the Constitution is that Vice-presidents and ministers shall be appointed from among those eligible to be elected as deputies (Article 106(4)). According to the explanations provided by the Turkish authorities, “as a rule, it is not compulsory for Vice-presidents and ministers to be appointed from among deputies. Since a strict separation of powers is envisaged in the government system brought, it is accepted that, in that case deputies are appointed as Vice-presidents or ministers, their membership of the Assembly will terminate.”