Article Instrumentation Scenario – Revised 2017 – Turkish constitution and his connection with the artificial Greek-Turkish crisis to justify the postponement of the June 18 elections as the political situation at home does not allow his re-election Recep Tayyip Erdoganalbeit extreme, but is under her microscope Athens.

Two articles, 78 and 119in case of war and state of emergency, to provide for the postponement of the elections for one year and six months respectively, although in the first case this period may be extended further if it is recognized that circumstances so require.

Article 78 only describes the case of war, however Article 119, although much more restrictive for the president of the republic (i.e. Erdogan), includes internal crises (position against the state), natural disasters and is easier to invoke. An important difference is that in the event of war, the decision on the postponement must be made by the Parliament (Grand National Assembly), and in a state of emergency, by the President.

July 2016

The instrumentalization of Articles 78 and 119 related to the entry into the war or the declaration of a state of emergency in the country is not ruled out.

Considering that the constitutional order has already been shaken once, since the coup attempt against Mr. Erdogan in July 2016 was followed by a revision, which, on the one hand, gave superpowers to the president, on the other hand, significantly limited his powers national assemblyaccording to their interpretation of this Constitution to achieve short-term political goals, the Turkish president is no longer expelled from Athens, even as a last resort.

In particular, article 78 of the Turkish Constitution literally states that “if new elections are deemed impossible due to war, the Turkish Grand National Assembly may decide to postpone the elections for one year. If the causes are not remedied, then the deferment may be repeated in accordance with the deferral order.

Article 119, which provides for the imposition of a state of emergency, allows for the postponement of elections for six months in the following cases: “War, the occurrence of a situation forcing war, conscription, insurrection, strong seditious acts against the Motherland and the Republic, open acts of violence of internal or external origin threatening the indivisibility of the country and nation, the emergence of open acts of violence aimed at violating the constitutional order or fundamental rights and freedoms, a serious disruption of public order as a result of acts of violence, natural disasters, outbreaks of dangerous pandemic diseases or a serious economic crisis.

After six months, the National Assembly may extend the state of emergency for four months at the request of the President. During the entire period of the state of emergency, the president of the republic may issue presidential decrees, at least in theory, on matters deemed necessary in connection with the state of emergency.