Home > 3 Electoral systems > TÜRKIYE - Joint Opinion on Amendments to the Electoral Legislation and Related "Harmonisation Laws" Adopted in March and April 2018
 
 
 
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Paragraph 35
 

In the Yumak and Sadak case, Turkey argued that the 10% threshold was required in order to produce stable governments.26 It also argued that a high national threshold was justified in order to preserve the unitary structure of the state by preventing regional or local interests from dominating Parliament. While the latter grounds for a high threshold may still be valid (subject to respect for the principle of proportionality), under the new presidential system a threshold for Parliament is no longer required to produce stable governments. Under the previous parliamentary system until 2017, governments (the Council of Ministers) required a vote of confidence in the Parliament to be formed and could be dismissed by a vote of no confidence.27 As a result, the composition of Parliament directly affected the stability of governments. After the 2017 constitutional reform, the Parliament has no role in the appointment of the President or his cabinet. The President is the head of the executive branch and is elected directly and separately of the Parliament.28 The President appoints and dismisses vice presidents and government ministers, and these are accountable to the President only.29 The change to a presidential system means that a major justification for the current high electoral threshold for the election of Parliament is no longer present. Indeed, a greater plurality of views in Parliament appears ever more important under the new presidential system, given the enhanced powers vested in the executive following the 2017 constitutional reform.30


 


 



26 See Yumak and Sadak v. Turkey [GC], no. 10226/03, par. 92.
27 See the Constitution of Turkey, before the revision on 21 January 2017, Articles 110-111 and 99.
28 See the Constitution of Turkey, Article 104.
29 See the Constitution of Turkey, Article 106.
30 See CDL-AD(2017)005, Turkey - Opinion on the Amendments to the Constitution Adopted by the Grand National Assembly on 21 January 2017 and to be Submitted to a National Referendum on 16 April 2017.