Country report, gender equality How are EU rules transposed into national law? : Turkey 2020

Abstract

In 2018, Turkey transformed from a parliamentary system to a quasi-presidential political system (as of 9 July 2018). In principle, the amended Constitution of Turkey (1982) provides for a separation of executive, legislative and judicial powers. However, under the new system there are certain exceptions to this rule for example, the legislative powers of the President to issue presidential decrees (decrees having the effect of law) or to declare a state of emergency (Constitution, Article 104). The legislative function is exercised by the Grand National Assembly of Turkey. Laws introduced by the Grand National Assembly prevail over the presidential decrees with respect to the same subject in the hierarchy of norms (Constitution, Article 104). In principle, fundamental and personal rights and duties and political rights and duties cannot be regulated under presidential decrees. Further, under the Constitution, presidential decrees cannot be issued on matters that are explicitly and exclusively regulated by law or that are clearly regulated by law (Constitution, Article 104/17). However, under the state of emergency, the President can issue a presidential decree without being subject to the above restrictions. The presidential decrees issued under the state of emergency are submitted for review and approval by the Grand National Assembly on the day of their publication in the Official Journal, and enter into effect on the same day (Constitution, Article 119/6). Such decrees are discussed and resolved on by the Grand National Assembly within three months from their effective date, otherwise presidential decrees issued during the state of emergency will be annulled automatically (Constitution Article 119/7). The Ministry of Family, Employment and Social Services, which was established in 2018, is in charge of women’s affairs. The legal system of Turkey is based on the division of public law and private law. This division is mainly influenced by continental Europe (civil law) legal systems based on codified laws.