Naslov
Turkey: Opinion on the Suspension of the Second Paragraph of Article 83 of the Constitution (Parliamentary Inviolability)

Autori
Frendo, Michael ; Meridor, Dan ; Omejec, Jasna ; Scholsem, Jean Claude ; Tuori, Kaarlo

Izvornik
The Venice Commission's Opinion of 14 October 2016, No. 858/2016, CDL-AD(2016)027

Vrsta, podvrsta
Ostale vrste radova, ostalo

Godina
2016

Ključne riječi
Turkey; constitutional amendment; parliamentary immunity; suspension of parliamentary inviolability; European constitutional standards

Sažetak
The present legal opinion deals with the 2016 Turkish Constitutional Amendment (i.e. Provisional Article 20 of the Turkish Constitution of 12 April 2016, which entered into force on 20 May 2016) concerning the suspension of the second paragraph of Article 83 of the Constitution, which guarantees parliamentary inviolability of the members of the Turkish Grand National Assembly. Provisional Article 20 reads: “On the date when this Article is adopted in the Grand National Assembly of Turkey, the provision of the first sentence of the second paragraph of Article 83 of the Constitution shall not be applied to the deputies who have files regarding the lifting of the parliamentary immunity which were submitted from the competent authorities authorized to investigate or give investigation or prosecution permit, Chief Public Prosecutor’s Offices and courts to the Ministry of Justice, the Prime Ministry, Office of Speaker of the Grand National Assembly of Turkey and the Presidency of Joint Committee consisting of the members of Constitution and Justice Commissions. Within fifteen days as of the entry into force of this Article, the files in the Presidency of the Grand National Assembly of Turkey, Prime Ministry and Ministry of Justice regarding the lifting of parliamentary immunities shall be returned to the competent authority under the presidency of the Joint Commission composed of the members of Constitution and Justice Commissions so as to take the required actions.” Provisional Article 20 of the Constitution was entirely "consumed" within 15 days, i.e. on 4 June 2016 when all pending files were returned to the respective competent authority for "action". The Opinion strongly requires that the inviolability of these Members of Parliament should be restored. In the current situation in Turkey (i.e. after the failed coup d’état on 15 July 2016), parliamentary inviolability is an essential guarantee for the functioning of parliament. The Turkish Grand National Assembly, acting as the constituent power, confirmed this by maintaining inviolability for future cases. The current situation in the Turkish Judiciary makes this the worst possible moment to abolish inviolability.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
Mišljenje je usvojeno na 108. plenarnoj sesiji Venecijanske komisije, održanoj u Veneciji 14. i 15. listopada 2016.

POVEZANOST RADA