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Article 114
 

The President of the Republic is the Head of the state. In this capacity he or she shall represent the Republic of Turkey and the unity of the Turkish Nation; he or she shall ensure the implementation of the Constitution, and the regular and harmonious functioning of the organs of state.

To this end, the duties he or she shall perform, and the powers he or she shall exercise, in accordance with the conditions stipulated in the relevant articles of the Constitution are as follows:

a) Those relating to legislation:

to deliver, if he or she deems it necessary, the opening address of the Turkish Grand National Assembly on the first day of the legislative year, to summon the Turkish Grand National Assembly to meet, when necessary, to promulgate laws, to return laws to the Turkish Grand National Assembly to be reconsidered, to submit to referendum, if he or she deems it necessary, legislation regarding amendment of the Constitution.

to appeal to the Constitutional Court for the annulment in part or entirety of certain provisions of laws, decrees having the force of law, and the Rules of Procedure of the Turkish Grand National Assembly on the grounds that they are unconstitutional in form or in content, to call new elections for the Turkish Grand National Assembly.

b) Those relating to executive functions:

to appoint the Prime Minister and to accept his or her resignation,

to appoint and dismiss Ministers on the proposal of the Prime Minister,

to preside over the Council of Ministers or to call the Council of Ministers to meet under his or her chairmanship whenever he or she deems it necessary,

to accredit representatives of the Turkish state to foreign states and to receive the representatives of foreign states appointed to the Republic of Turkey,

to ratify and promulgate international treaties,

to represent the Supreme Military Command of the Turkish Armed Forces on behalf of the Turkish Grand National Assembly,

to decide on the mobilization of the Turkish Armed Forces,

to appoint the Chief of the General Staff,

to call the National Security Council to meet,

to preside over the National Security Council,

to proclaim martial law or state of emergency, and to issue decrees having the force of law, in accordance with the decisions of the Council of Ministers under his or her chairmanship,

to sign decrees,

to remit, on grounds of chronic illness, disability, or old age, all or part of the sentences imposed on certain individuals,

to appoint the members and the chairman of the state Supervisory Council,

to instruct the State Supervisory Council to carry out inquiries, investigations and inspections,

to appoint the members of the Higher Education Council,

to appoint rectors of universities.

c) Those relating to the judiciary:

to appoint the members of the Constitutional Court, one- fourth of the members of the Council of State, the Chief Public Prosecutor and the Deputy Chief Public Prosecutor of the High Court of Appeals, the members of the Military High Court of Appeals, the members of the Supreme Military Administrative Court and the members of the Supreme Council of Judges and Public Prosecutors.

The President of the Republic shall also exercise powers of election and appointment, and perform the other duties conferred on him or her by the Constitution and laws.

F. Provisional Council of Ministers During Elections

 ARTICLE 114. The Ministers of Justice, Internal Affairs and Communications shall resign prior to general elections from the Turkish Grand National Assembly.

Three days before elections begin or in the event of a decision to hold new elections before the end of the election term, within five days of this decision, the Prime Minister shall appoint independent persons from within or outside the Turkish Grand National Assembly to these Ministries.

In the event of a decision to hold new elections under Article 116, the Council of Ministers shall resign and the President of the Republic shall appoint a Prime Minister to form a Provisional Council of Ministers.

The Provisional Council of Ministers shall be composed of members of the political party groups in proportion to their parliamentary membership with the exception of the ministers of Justice, Internal Affairs, and Communications, who shall be independent persons appointed from within or outside the Turkish Grand National Assembly.

The number of members to be taken from political party groups shall be determined by the President of the Turkish Grand National Assembly, and shall be communicated to the Prime Minister. Party members who do not accept the ministerial posts offered to them, or who subsequently, resign shall be replaced by independent persons from within or outside the Grand National Assembly of Turkey.

The Provisional Council of Ministers shall be formed within five days of publication in the Official Gazette of the decision to hold new elections.

The Provisional Council of Ministers shall not be subject to a vote of confidence.

The Provisional Council of Ministers shall remain in office for the duration of the elections, and until the new Assembly convenes.

H. Calling for Elections for the Turkish Grand National Assembly by the President of the Republic.