Home > 2.1.3 Jurisdictions > TÜRKIYE - Opinion on the Replacement of Elected Candidates and Mayors
 
 
 
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Paragraph 33
 

The Venice Commission understands that the above provisions constitute an exhaustive legal framework and no other relevant provisions have been drawn to its attention. The SEC in its decisions of 11 April 2019 points out that under Article 79, paragraph 1 of the Constitution it has the general competence to “execute all the functions to ensure the fair and orderly conduct of the elections from the beginning to the end of polling, carry out investigations and take final decisions on all irregularities, complaints, and objections concerning the elections during and after the polling, and verify the election returns of the members of the Turkish Grand National Assembly.” However, paragraph 2 of that Article states that “the functions and powers of the Supreme Election Council and other election councils shall be determined by law”, and it is highly questionable whether the general competence under paragraph 1 gives the SEC the power to make decisions – such as not to hand over election certificates to elected candidates – which are not envisaged in the otherwise exhaustive legal framework. This would in itself raise serious concerns with respect to basic rule of law requirements such as legality, legal certainty and foreseeability of the laws. In addition, it should be noted that Article 79 of the Constitution is part of the chapter on the National Parliament and it therefore seems doubtful whether it addresses questions of competencies relating to local elections.