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 73
 

The President alone would decide on the declaration of a state emergency, as well as on the issuing of decrees “on the matters necessitated by the state of emergency”, having the force of law (Art. 119). The current Turkish Constitution provides for three types of states of emergency: the state of emergency proclaimed by the Council of Ministers under the charmanship of the President (Article 119), the state of emergency in case of widespread acts of violence and serious deterioration of public order, also proclaimed by the Council of Ministers under the charmanship of the President (Article 120) and martial law also proclaimed by the Council of Ministers under the charmanship of the President (Article 122). These regulations of the Turkish Constitution on the state of emergency are in line with common European standards concerning the state of emergency. The differentiation of different kinds of states of emergency is a common solution in many countries, and a positive one: different types of states of emergency need the utilisation of different means..