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
 
 
 
Download file    
 
 
Paragraph 83
 

During the state of emergency, the President may issue presidential decrees with the force of law (draft Article 119). These decrees are not subject to the limitations foreseen by Article 104(17), so they can relate to any matter, including human rights. The guarantees enshrined in Article 15 would however apply here as well. The decrees with the force of law should be submitted to the TGNA, on the day of their publication, for approval. The Assembly should discuss and approve them within three months. If this does not happen, the decrees shall ex officio cease to have effect. This provision is clearer than the one on presidential decrees adopted outside the state of emergency.