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 92
 

Draft Article 89 grants the President an important veto power. If the President sends a law back to the Assembly for reconsideration, the law can only be adopted with the absolute majority of the total number of members of the Assembly. Such a majority is not required under the current Constitution. It is true that similar or significantly higher majorities for overriding the presidential veto are foreseen in other countries with the presidential or semi-presidential system as well (absolute majority of all members – Portugal, two-thirds majority in both chambers – the U.S., two-third majority – Ukraine). Yet, in most of these countries, the President does not have the autonomous power to legislate and when s/he does, as in the United States, this power is subject to strict judicial control. Such would arguably not be the case in Turkey. The veto power thus gives the President a significant legislative tool. The exclusive power to initiate referendums for laws amending the constitution might also be used by a President against an unsupportive parliament.