A constitutional referendum was held in Turkey on 16 April 2017 on whether to approve 18 proposed amendments to the Turkish constitution that were brought forward by the governing Justice and Development Party (AKP) and the Nationalist Movement Party (MHP). As a result of its approval, the office of Prime Minister was abolished and the existing parliamentary system of government was replaced with an executive presidency and a presidential system. The number of seats in Parliament was raised from 550 to 600, while, among a series of other proposals, the president was given more control over appointments to the Supreme Board of Judges and Prosecutors (HSYK). The referendum was held under a state of emergency that was declared following the failed military coup attempt in July 2016.

Early results indicated a 51–49% lead for the "Yes" vote. In an unprecedented move, the Supreme Electoral Council (YSK) allowed non-stamped ballots to be accepted as valid. Some critics of the reform decried this move to be illegal, claiming that as many as 1.5 million ballots were unstamped, and did not recognize the results. Large-scale protests erupted following the results in order to protest the YSK's decision. In subsequent reports, the Organization for Security and Co-operation in Europe (OSCE) and Parliamentary Assembly of the Council of Europe (PACE) both criticized unfairness during the campaign and declared the YSK's decision to be illegal.Seçim gözlemi ilk rapor

An executive presidency was a long-standing proposal of the governing AKP and its founder, the current President of Turkey, Recep Tayyip Erdoğan. In October 2016, the Nationalist Movement Party (MHP) announced its co-operation for producing draft proposals with the government, with the combined support of both AKP and MHP MPs being sufficient to put forward the proposals to a referendum following a parliamentary vote in January. Those in favour of a "Yes" vote argued that the changes were necessary for a strong and stable Turkey, arguing that an executive presidency would bring about an end to unstable coalition governments that had dominated Turkish politics since the 1960s up until 2002. The "No" campaign argued that the proposals would concentrate too much power in the hands of the President, effectively dismantling the separation of powers and taking legislative authority away from Parliament. Three days before the referendum, one of Erdoğan's aides called for a federal system should the "Yes" vote prevail, causing a backlash from the pro-Yes MHP. Both sides of the campaign were accused of using divisive and extreme rhetoric, with Erdoğan accusing "No" voters of being terrorists siding with the plotters of the failed 2016 coup.

The campaign was marred by allegations of state suppression against "No" campaigners, while the "Yes" campaign was able to make use of state facilities and funding to organize rallies and campaign events. Leading members of the "No" campaign, which included many high-profile former members of the MHP such as Meral Akşener, Ümit Özdağ, Sinan Oğan, and Yusuf Halaçoğlu, were all subject to violence and campaign restrictions. The "Yes" campaign was faced with campaigning restrictions by several European countries, with the German, Dutch, Danish and Swiss governments all cancelling or requesting the suspension of "Yes" campaign events directed at Turkish voters living abroad. The restrictions caused a sharp deterioration in diplomatic relations and caused a diplomatic crisis between Turkey and the Netherlands. Concerns were also raised about voting irregularities, with "Yes" voters in Germany being caught attempting to vote more than once and also being found to have been in possession of ballot papers before the overseas voting process had started. European election monitors said the vote did not meet international standards.

Background

Introducing a presidential system was proposed by then-Minister of Justice Cemil Çiçek and backed by then-Prime Minister Erdoğan in 2005. Since then, the current presidential system has been openly supported by Justice and Development Party leaders several times, along with a "new constitution". Justice and Development Party vice-president Hayati Yazıcı proposed April 2017 as a date for the referendum.

The parliamentary system formally began transforming into a centralised presidential system after President Recep Tayyip Erdoğan won the July 2018 elections. Since its inception, there have been competing arguments for and against this transformation.

Constitutional amendments Initial proposals On 10 December 2016, the AKP and MHP brought forward a total of 21 proposed amendments to the constitution and began collecting signatures from MPs in order to begin the parliamentary procedures for initiating a referendum. After Assembly Commission talks, 3 proposals were withdrawn, leaving 18 amendments remaining. The full-text proposal in Turkish and the present Turkish constitution are found at the following links. The most important changes have been highlighted by the Union of Turkish Bar Associations.

An English-language summary and interpretation of the 18 amendments is listed in the table below.

Description of proposed amendments Proposal # Article Description of change 1 Article 9 The judiciary is required to act on condition of impartiality. 2 Article 75 The number of seats in the Parliament is raised from 550 to 600. 3 Article 76 The age requirement to stand as a candidate in an election is lowered from 25 to 18, while the condition of having to complete compulsory military service is removed. Individuals with relations to the military are ineligible to run for election. 4 Article 77 Parliamentary terms are extended from four to five years. Parliamentary and presidential elections will be held on the same day every five years. 5 Article 87 The functions of Parliament are Making, changing, removing laws. Accepting international contracts. Discuss, increase or decrease budget (in the Budget Commission) and accept or reject the budget in the General Assembly. Appoint 7 members of HSYK And using other powers written in the constitution 6 Article 89 To overcome a presidential veto, the Parliament needs to adopt the same bill with an absolute majority (301). 7 Article 98 Parliament now detects cabinet and Vice President with Parliamentary Research, Parliamentary Investigation, General Discussion and Written Question. Interpellation is abolished and replaced with Parliamentary Investigation. Vice President needs to answer Written Questions within 15 days. 8 Article 101 In order to stand as a presidential candidate, an individual requires the endorsement of one or more parties that won 5% or more in the preceding parliamentary elections and 100,000 voters. The elected president no longer needs to terminate their party membership if they have one. 9 Article 104 The President becomes both the head of state and head of government, with the power to appoint and sack ministers and Vice President. The president can issue executive decrees. If the Parliament makes a law about a topic where the President has issued an executive order, parliamentary law overrides the decree. 10 Article 105 Parliament can open parliamentary investigation with an absolute majority (301). Parliament discusses proposal in 1 month. Following the completion of Discussion, Parliamentary investigation can begin in Parliament with a secret three-fifths (360) vote in favor. Following the completion of investigations, the parliament can vote to indict the President with a secret two-thirds (400) vote in favor. 11 Article 106 The President can appoint one or more Vice Presidents. If the Presidency falls vacant, then fresh presidential elections must be held within 45 days. If parliamentary elections are due within less than a year, then they too are held on the same day as early presidential elections. If the parliament has over a year left before its term expires, then the newly elected president serves until the end of the parliamentary term, after which both presidential and parliamentary elections are held. This does not count towards the President's two-term limit. Parliamentary investigations into possible crimes committed by Vice Presidents and ministers can begin in Parliament with a three-fifths vote in favor. Following the completion of investigations, the parliament can vote to indict Vice Presidents or ministers with a two-thirds vote in favor. If found guilty, the Vice President or minister in question is only removed from office if their crime is one that bars them from running for election. If a sitting MP is appointed as a minister or Vice President, their parliamentary membership will be terminated. 12 Article 116 The President and three-fifths of the Parliament can decide to hold snap elections. In this case, the enactor also dissolves itself until elections. 13 Article 119 The President's ability to declare a state of emergency is now subject to parliamentary approval before it can take effect. The Parliament can extend, remove or shorten it. A state of emergency can be extended for up to four months at a time, except during war where there is no limitation. Every presidential decree issued during a state of emergency will need approval from Parliament. 14 Article 125 The acts of the President are now subject to judicial review. 15 Article 142 Military courts are abolished unless they are erected to investigate actions of soldiers under conditions of war. 16 Article 146 The President used to appoint one Justice from High Military Court of Appeals, and one from the High Military Administrative Court. As military courts would be abolished, the number of Justices in the Constitutional Court would be reduced from 17 to 15. Consequently, presidential appointees would be reduced from 14 to 12, while the Parliament would continue to appoint three. 17 Article 159 Supreme Board of Judges and Prosecutors is renamed to "Board of Judges and Prosecutors", members are reduced from 22 to 13, departments are reduced from 3 to 2. 4 members are appointed by President, 7 will be appointed by the Grand Assembly. Supreme Board of Judges and Prosecutors (HSYK) candidates will need to get 2/3 (400) votes to pass first round and will need 3/5 (360) votes in second round to be a member of HSYK. (The Justice Minister and Ministry of Justice Undersecretary are ex officio members, which is unchanged). 18 Article 161 The President proposes fiscal budget to the Grand Assembly 75 days prior to the fiscal new year. Budget Commission members can make changes to the budget but Parliamentary members cannot make proposals to change public expenditures. If the budget is not approved, then a temporary budget will be proposed. If the temporary budget is also not approved, the previous year's budget would be used with the previous year's increment ratio.This increment ratio is defined by Ministry of Finance and determines changes on absolute-valued taxes and fines. 19 Several articles Adaptation of several articles of the constitution with other changes, mainly transferring executive powers of cabinet to the President 20 Temporary Article 21 The next presidential and next general elections will be held on 3 November 2019. If the Grand Assembly decides early elections, both will be held on the same day. Board of Judges and Prosecutors elections will be held within 30 days of approval of this law. Military courts will be abolished once the law comes into force. 21 Applicability of amendments 1-17 The amendments (2, 4, and 7) will come into force after new elections, other amendments (except temporary article) will come into force once a newly elected president is sworn in. Annuls the article which required elected Presidents to forfeit membership in a political party. This constitutional amendment will be voted in a referendum as a whole.

Notes

Parliamentary Constitutional Commission