Election security moves to Constitutional Court

Election security moves to Constitutional Court
Date: 9.4.2022 10:46

The election law, which AKP and MHP worked on for a long time, was enacted by voting.

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However, the opposition is preparing to bring the law to the Constitutional Court (AYM), as it aims at ‘political engineering, political interest, political reckoning’ and does not aim the ‘public interest’, and also contains regulations contrary to the ‘principle of fair representation in election laws’ in the constitution. 
 
The opposition is preparing to take some of the articles in the Election Law, which Justice and Development Party (AKP) and Nationalist Movement Party (MHP) have been working on for a long time and which came into force after being passed by the Turkish Grand National Assembly (TBMM), to the Constitutional Court. In particular, the opposition, which will take the items related to election security to the Constitutional Court, has the opinion that ‘the election will not be safe’ in this way. 
 

POLITICAL ENGINEERING HAS BEEN DONE 

 
Some changes were made in the Election Law No. 293 on the Basic Provisions of Elections and Electoral Registers, Law No. 2839 on the Elections of the Deputies, Law No. 2820 on Political Parties and Law No. 2972 on the Election of Local Administrations and Neighborhood Headmen and Boards of Elders. However, the opposition, criticizes the bill, which came with the proposal of AKP and MHP, on the grounds that it was made with the motive of ‘political engineering, political interest and political reckoning’ without seeking any compromise.
 

NO PUBLIC INTEREST PAID REGARD 

 
The opposition is preparing to take the enacted Election Law to the Constitutional Court for annulment, on the grounds that it is unconstitutional. The opposition primarily states that this law proposal was prepared for purposes such as ‘political engineering, political interest, political reckoning’ instead of considering the public interest of the law. It is claimed that the adopted law contains regulations that contradict the provision 'Election laws are regulated in a way that reconciles the principles of justice in representation and stability in administration' stated in Article 67/6 of the Constitution.
 

ENACTED LAW AMENDMENT AGAINST CONSTITUTION!

 
On the other hand, Article 67/last of the Constitution regulates the principle that ‘Amendments made in election laws shall not be applied in elections to be held within one year from the date of entry into force.’ With the 5th and 6th articles of this law, amendments are made in Articles 15 and 18 of the Law numbered 298 on Basic Provisions of the Elections and Voter Registers, and the election method of the chairman and members of the provincial and district Election Boards has been rearranged. With the 12th article, a temporary article is added to the law numbered 298, the provincial and district election boards that were elected before were abolished and the establishment of the boards according to the new law was regulated within 3 months. With the change made in the election law with the temporary article, it was noted that within 3 months from the date of publication of the law, the provincial and district election boards were changed according to the new law, and the de facto regulation contrary to the commanding provision in the last article 67/ of the Constitution. The law that has come into force will be brought to the Constitutional Court on the grounds that it is unconstitutional, as it contains regulations that violate the provision that ‘it will not be applied in elections held within one year from the date of entry into force of election laws.’
 

YEREL HABERLER

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