Home > 4.5.1 Elections of the local executive body > TÜRKIYE - Opinion on the Replacement of Elected Candidates and Mayors
 
 
 
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Paragraph 60
 

In addition the Commission had stressed that by introducing new rules for filling vacant positions inter alia of mayors, the Decree Law provided for structural (general) measures, which went “beyond the period and the purpose of the state of emergency”; “the ex post approval of the emergency decree laws by Parliament should not lead to the permanent legitimation of the measures authorised by the decrees, as the emergency situation is not adapted for enacting permanent rules.” The proportionality of the new system also appeared questionable “as the assignment of a new mayor/deputy mayor/council member seems to have definitive effects, no reinstatement being foreseen in the Decree Law in case the charges of aiding or abetting terrorism and terrorist organisations do not lead to a criminal conviction” – whereas Article 127 of the Turkish Constitution only enables the Minister of the Interior to take a provisional measure until the final court judgment.