Executive Branch

According to the Constitution, the exercise of the executive power is vested in and is used by the President and the Council of Ministers.

The President

The President, who is Head of State, represents the Republic of Turkey and the unity of the Turkish Nation. The President oversees the workings of the Constitution and ensures that the organs of the state function in an orderly and harmonious manner. He is elected for a one-time term of seven years either from among the members of the TGNA or from among those who are Turkish citizens of over 40 years of age and eligible to be elected to the TGNA, from among persons who have completed standard education.

The duties and authority of the President with respect to legislation are:

• In the event that he deems it necessary, to deliver the opening speech on the first day of the legislative year
• To summon the Turkish Grand National Assembly to session
• To publish laws
• To return laws to the Assembly for reconsideration
• If he deems it necessary, to present laws related to changes in the Constitution to public referendums
• Should the whole or some of the provisions of laws, decrees with the power of law or Grand National Assembly internal regulations be considered to be in violation of the terms of the Constitution in term or in content, to file a suit with the Constitutional Court to the repeal of such laws, decrees or regulations
• To decide upon renewal of parliamentary elections

The duties and authorities of the President in the exercise of executive power are:

• To appoint the Prime Minister or to accept his resignation
• Upon the recommendation of the Prime Minister, to appoint or remove Ministers to and from office
  In the event that he deems this necessary, to chair the meeting of the Council of Ministers, or to summon the Council to meet under his chairmanship
• To appoint accredited envoys to represent the Turkish State in foreign countries and to receive the representatives of foreign states to the Republic of Turkey
• To ratify and publish international agreements
• To represent the Commander-in-Chief of the Turkish Armed Forces on behalf of the Turkish Grand National Assembly
• To decide upon the use of the Turkish Armed Forces
• To appoint the Chief of General Staff
• To summon the National Security Council to convene and to chair the meetings of the Council
• To proclaim martial law or impose state of emergency by decree to be deiced by the Council of Ministers meeting under this Chairmanship, and to issue Decrees with the Power of Law
• To approve Decrees as signatory
• To commute or pardon the sentences of certain convicts on the grounds of old age, chronic illness or infirmity
• To appoint the members and President of the State Auditory Council
• To conduct investigations, inquiries and research through the State Auditory Council
• To select the members of the Higher Education Council
• To appoint University Chancellors
  

Duties and authority of the President related to the Judiciary consist of appointing the members of the Constitutional Court, one fourth of the members of Council of State, the Chief and Deputy Chief Public Prosecutor of the Supreme Military Administrative Tribunal and the members of the Supreme Council of Judges and Public Prosecutors.

All decrees, with the exception of those with which the President is specifically empowered by the Constitution or by other laws to sign singly without need for the co-signature of the Prime Minster and the related Minister, must be co-signed by the Prime Minister and the related Minister. The Prime Minister and the related Minister shall be held accountable for these decrees.

No appeal may be made to any legal body, including the Constitutional Court, against the decrees and presidential orders signed directly by the President of the Republic.

The Prime Minister

The Prime Minister is responsible for ensuring that the Council functions in a harmonious manner as well as for coordination between the Ministries. The 1982 Constitution has not only strengthened the powers of the President but those of the Prime Minister as well.

According to the Constitution, each Minister is accountable to the Prime Minister. The Prime Minister ensures that the Ministers fulfill their functions in accordance with the Constitution and the laws, and he is vested with the obligation to take corrective measures for this very reason.

The President may dismiss Ministers upon the proposal of the Prime Minister.

Even as the Council of Ministers bear collective responsibility for the implementation of the general policies of the government, they are also individually responsible for action within the domain of their jurisdictions and for the acts and actions of their subordinates. The political responsibilities of the Ministers emerge as the result of parliamentary motion of interpellation or a motion for no-confidence.

The Council of Ministers

The Council of Ministers which is politically accountable to the Legislature is composed of the Prime Minister and the ministers. The Prime Minister is selected by the President. The ministers are selected by the Prime Minister and all are appointed by the President.

While the ministers are not required to be deputies, the Prime Minister must be a member of Parliament.

As a tradition in the Turkish parliamentary system, the President appoints the ministers who are selected by the Prime Minister. In practice, the Presidents either approve the list presented to them for ratification as it is, or else they make changes to the list as they see fit.

Although the Constitution does not specify any period, the President is able to decide upon renewal of elections under certain circumstances and in the event the Council of Ministers is not formed within a period of 45 days.

Following the appointment of the Ministers by the President, the list is presented to the Grand National Assembly; the Council of Ministers assume office without waiting for a vote of confidence.

Any disagreement which may arise following the submission of the list to the Grand National Assembly or after the government receives the vote of confidence is resolved between the Assembly and the Council of Ministers in the manner provided for in the Constitution.

The Turkish Grand National Assembly may cause the government to fall by vote of no-confidence, and the President has the power to seek renewal of the elections under certain conditions.

The formation or abolition of Ministries, the exercise of authority and the regulation of organization are subject to the enactment of laws.

The Government Program and Vote of Confidence

The government program must be read by either the Prime Minister or a Minister in Parliament, at the latest within one week following the presentation of the list showing the composition of the Council of Ministers to the Assembly, and to seek the vote of confidence.

It is mandatory to receive a vote of confidence to apply the government program.

Debates upon the government program commence two full days after the reading of the program and the vote is taken one full day after the debates have been completed.

The vote of confidence is taken by absolute majority of those present but this may not be less than one fourth of the total number of deputies.
The Prime Minister is able to ask Parliament for another vote of confidence after the government has started to function following the vote of confidence.

The fundamental duty of the Council of Ministers is to formulate and implement the internal and foreign policies of the nation. The Council is accountable to Parliament in the conduct of this duty.
The Constitution has especially provided for an expansion in this area whereby the executive may regulate its affairs and consequently has facilitated its exercise of this power.

The Constitution has redefined the procedure for the issue of decrees with the force of law and it has expanded the scope of its application, removing the need to indicate in the Authorization Law which of the rules of law are no longer applicable in any particular instance. The resignation or fall of the Council of Ministers or the end of the legislative term do not cancel the authority given, albeit even for a set period of time.

The Council of Ministers, meeting under the Chairmanship of the President under state of emergency or when martial law is proclaimed, has the right to issue decrees with force of law without the need to obtain the authorization of Parliament.