Turkey's ruling party pushes for constitutional reform

To pre-empt opposition hurdles, the government plans to accommodate some wishes of its rivals in its package of Constitutional amendments that it says it will submit before the end of this month. The ruling party also plans for a major thrust toward making it more difficult to close political parties.

The Cabinet convened Monday after Erdoğan’s Sunday announcement to discuss the issue comprehensively. The ruling Justice and Development Party, or AKP, plans to ask for the opposition’s support ahead of presenting the amendments.

The AKP is likely to include a partial removal of immunity for parliamentary deputies in the package to bring in the support of the Nationalist Movement Party, or MHP, which first suggested it in 2007.

The opposition parties including the MHP and the Republican People’s Party, or CHP, however, are taking a negative approach to the planned package.

The government will change Article 69 of the Constitution, which regulates the rules for political parties. The package will also make closing political parties more difficult, in line with the Venice criteria, which foresee punishment for individuals rather than institutions. The political parties that are not involved in terrorism or violence-related incidents will not be closed. With the amendment, any party member violating the political parties’ law would be banned from politics, but the party would not be affected.

Closing political parties will be difficult

The procedure of petitioning to close a political party will also change. The qualified majority of 367 votes will be required in Parliament to decide if a closure case should be opened or not. Votes from three-fourths of the Constitutional Court members will also be required to close a political party.

The government has also been working on a legal arrangement that would pave the way for civilian courts to try military personnel, but its inclusion in the package is subject to Erdoğan’s approval.

The AKP has long been working on “Turkey deputyship,” which would allow parties that fail to win at least 10 percent of votes in a national election to be represented in Parliament. These parties would have one deputy for each percent of votes they won. The election threshold of 10 percent will not change under the package.

Right for strike and collective bargaining

The amendment package also would grant public servants the right to collective bargaining and strikes. Sources say the AKP has included such an article to draw further public support for the package.

The structure of the Supreme Board of Prosecutors and Judges, or HSYK, and the Constitutional Court would change. The number of Constitutional Court members would increase from 11 to 21 and 12 of those 21 top court members would be elected by Parliament.

The government also plans to increase the number of HSYK members from 7 to 21, allowing the president and Parliament to appoint some of its members. The justice minister and the undersecretary would keep their seats. Sources say Erdoğan will have the final word on the issue.

Positive discrimination for women

Articles providing affirmative action for women, children and the elderly will also be included in the package.

An arrangement will be made for the protection of personal data in the planned constitutional change package. A statement that stipulates that personal information and data will be used for other purposes conditional of the approval of the individuals will be included in the draft strategy.

The amendment package also grants the right for individuals to apply to the Constitutional Court. The other significant changes involved in the package are the establishment of ombudsmanship, which will deal with the problems that may take place between the state institutions and citizens. Article 23 of the Constitution, which arranges the settlement and travel rights of individuals, will also be changed. A court decision will be required to put a limit or ban on a person's freedom to travel abroad.