Duties and Authorities
The Executive Duties and Powers - Article 5
The executive duties and powers shall be carried out and exercised by the President of the Republic and the Council of Ministers in accordance with the Constitution and laws.
The Meetings and Procedure of the Assembly of the Republic: - Article 81
(1) The meetings of the Assembly of the Republic shall be held in the Assembly's own premises.
(2) The Assembly of the Republic shall meet without summons at 10.00 hours on the tenth day following the publication of the results of the general elections in the Official Gazette. The eldest deputy present at the meeting shall act as the President of the Assembly and the two youngest deputies present at the meeting shall perform the duties of Clerks to the Assembly. At this meeting the deputies shall take the oath and then the Assembly shall proceed with the election of its Presidential Council. The election of the Presidential Council of the Assembly shall commence as from this date and shall be completed within ten days.
(3) The Assembly of the Republic shall meet without summons on the first working day of the month of October every year and shall continue its ordinary functions until the end of the month of June.
(4) The Assembly of the Republic shall carry out its functions in accordance, with Rules made by it. The Rules shall be so made as to enable the participation of the political party groups in all the activities of the Assembly of the Republic in proportion to the number of members in the group. The political party groups shall consist of at least five members.
(5) The quorum for meetings of the Assembly of the Republic shall consist of the absolute majority of the total number of its members and decisions shall, unless there is provision to the contrary in the constitution, be taken by the absolute majority votes of the members present at the meeting. In case of equality of the positive and negative votes, the issue submitted to the vote shall be considered as rejected: Provided that abstentions from voting shall be deemed to denote the acceptance in advance of a decision in favour of the positive negative votes whichever is the greater.
(6) The Assembly of the Republic may be summoned to an extraordinary meeting on the request of the President of the Republic, the President of the Assembly of the Republic, the Council of Ministers or on the request of at least ten deputies.
(7) The debates in the General Meetings of the Assembly of the Republic shall be public and minutes thereof shall be published in full in the bulletin of minutes of the Assembly.
(8) The Assembly of the Republic may hold closed sessions by a decision of the General Meeting of the Assembly. The publication of the minutes of such debates shall be subject to the decision of the General Meeting of the Assembly of the Republic.
(9) The publication by any means whatsoever of the public debates held in the Assembly of the Republic shall be free of any restrictions unless a decision to the contrary is taken upon the proposal of the Presidential Council of the Assembly at the same session.
(2) The Assembly of the Republic shall meet without summons at 10.00 hours on the tenth day following the publication of the results of the general elections in the Official Gazette. The eldest deputy present at the meeting shall act as the President of the Assembly and the two youngest deputies present at the meeting shall perform the duties of Clerks to the Assembly. At this meeting the deputies shall take the oath and then the Assembly shall proceed with the election of its Presidential Council. The election of the Presidential Council of the Assembly shall commence as from this date and shall be completed within ten days.
(3) The Assembly of the Republic shall meet without summons on the first working day of the month of October every year and shall continue its ordinary functions until the end of the month of June.
(4) The Assembly of the Republic shall carry out its functions in accordance, with Rules made by it. The Rules shall be so made as to enable the participation of the political party groups in all the activities of the Assembly of the Republic in proportion to the number of members in the group. The political party groups shall consist of at least five members.
(5) The quorum for meetings of the Assembly of the Republic shall consist of the absolute majority of the total number of its members and decisions shall, unless there is provision to the contrary in the constitution, be taken by the absolute majority votes of the members present at the meeting. In case of equality of the positive and negative votes, the issue submitted to the vote shall be considered as rejected: Provided that abstentions from voting shall be deemed to denote the acceptance in advance of a decision in favour of the positive negative votes whichever is the greater.
(6) The Assembly of the Republic may be summoned to an extraordinary meeting on the request of the President of the Republic, the President of the Assembly of the Republic, the Council of Ministers or on the request of at least ten deputies.
(7) The debates in the General Meetings of the Assembly of the Republic shall be public and minutes thereof shall be published in full in the bulletin of minutes of the Assembly.
(8) The Assembly of the Republic may hold closed sessions by a decision of the General Meeting of the Assembly. The publication of the minutes of such debates shall be subject to the decision of the General Meeting of the Assembly of the Republic.
(9) The publication by any means whatsoever of the public debates held in the Assembly of the Republic shall be free of any restrictions unless a decision to the contrary is taken upon the proposal of the Presidential Council of the Assembly at the same session.
Holding of New Elections for the Assembly of the Republic: - Article 88
(1) The Assembly of the Republic may, by an absolute majority vote of the total number of its members decide to hold new elections. Abstentions and invalid votes shall be taken into account only for purposes of the quorum of such meeting; they shall not be taken into consideration for purposes of the minimum number of votes required for the taking; of a decision.
(2) If it is not possible to appoint a Council of Ministers having the support of the majority of the Assembly of the Republic in conformity with paragraph (2) of - Article 106 of this Constitution within a period of sixty days, the President of the, Republic may decide to dissolve: the Assembly and hold new elections for the Assembly of the Republic.
(3) If the Council of Ministers falls or is defeated three times within a year for inability to receive a vote of confidence or as a result of a vote of no confidence, under - Article 109 of this Constitution, the President of the Republic may decide to hold new elections for the Assembly.
(4) The President of the Republic may, if he considers it necessary, have; recourse to a referendum before deciding to hold new elections for the; Assembly under paragraphs (2) and (3) of this - Article.
(5) The President of the Republic, when deciding to hold new elections or to have recourse to a referendum, shall obtain the views of the President of the Assembly of the Republic, the Council of Ministers and of the Chairmen of political parties having a group in the Assembly of the Republic.
(2) If it is not possible to appoint a Council of Ministers having the support of the majority of the Assembly of the Republic in conformity with paragraph (2) of - Article 106 of this Constitution within a period of sixty days, the President of the, Republic may decide to dissolve: the Assembly and hold new elections for the Assembly of the Republic.
(3) If the Council of Ministers falls or is defeated three times within a year for inability to receive a vote of confidence or as a result of a vote of no confidence, under - Article 109 of this Constitution, the President of the Republic may decide to hold new elections for the Assembly.
(4) The President of the Republic may, if he considers it necessary, have; recourse to a referendum before deciding to hold new elections for the; Assembly under paragraphs (2) and (3) of this - Article.
(5) The President of the Republic, when deciding to hold new elections or to have recourse to a referendum, shall obtain the views of the President of the Assembly of the Republic, the Council of Ministers and of the Chairmen of political parties having a group in the Assembly of the Republic.
Declaration of State of War and permission to use the Armed Forces: - Article 91
(1) The power to authorise declaration of a sate of war in circumstances considered legitimate under international law and the sending of the armed forces to foreign countries or the presence of armed forces of foreign countries in the Turkish Republic of Northern Cyprus in circumstances other than those necessitated by international treaties to which the Turkish Republic of Northern Cyprus is a party or by the rules of etiquette is vested in the Assembly of the Republic.
(2) In the event of the county facing a sudden armed attack and due to the impossibility of summoning a meeting of the Assembly of the Republic it is imperative that an immediate decision should be taken on the use of armed force at the time of the attack, the President of the Republic shall also have power to decide on the use of armed force. The President of the Republic shall immediately bring such decision to the knowledge of the Assembly of the Republic. The Assembly of the Republic shall convene a meeting at the first opportunity and take the necessary decisions on the matter.
(2) In the event of the county facing a sudden armed attack and due to the impossibility of summoning a meeting of the Assembly of the Republic it is imperative that an immediate decision should be taken on the use of armed force at the time of the attack, the President of the Republic shall also have power to decide on the use of armed force. The President of the Republic shall immediately bring such decision to the knowledge of the Assembly of the Republic. The Assembly of the Republic shall convene a meeting at the first opportunity and take the necessary decisions on the matter.
The Preparation, Application, Debating and Acceptance of the Budget: - Article 92
(1) The expenditure of the State and of Public Corporate Bodies, other than the Public Utility Enterprises, shall be provided for by annual budgets.
(2) The provisions governing the preparation and application of the budget shall be regulated by law.
(3) No provisions other than those relating to the budget shall be included in the Budget Law.
(4) The draft budget shall be submitted by the Council of Ministers to the Assembly of the Republic at least two months before the beginning of the financial year.
(5) The Budget Committee shall complete its work on the budget within one month, at the latest.
(6) During the debate of the draft budget at the general meeting of the Assembly of the Republic, the deputies cannot propose any increase of expenditure or any decrease in revenue, .
(7) The President of the Republic shall promulgate the Budget Law enacted by the Assembly of the Republic, by publishing it in the Official Gazette of the Republic within ten days.
(2) The provisions governing the preparation and application of the budget shall be regulated by law.
(3) No provisions other than those relating to the budget shall be included in the Budget Law.
(4) The draft budget shall be submitted by the Council of Ministers to the Assembly of the Republic at least two months before the beginning of the financial year.
(5) The Budget Committee shall complete its work on the budget within one month, at the latest.
(6) During the debate of the draft budget at the general meeting of the Assembly of the Republic, the deputies cannot propose any increase of expenditure or any decrease in revenue, .
(7) The President of the Republic shall promulgate the Budget Law enacted by the Assembly of the Republic, by publishing it in the Official Gazette of the Republic within ten days.
Promulgation of Laws by the President of the Republic: - Article 94
(1) The President of the Republic shall promulgate the Laws enacted by the Assembly of the Republic by publishing them in the Official Gazette of the Republic within fifteen days. He shall return any law which he does not consider appropriate to promulgate, together with the reasons therefore, to the Assembly for reconsideration within the said period of fifteen days.
(2) If the Assembly of the Republic approves the law returned, either after amending it or as it is, by an absolute majority of the total number of its members, the law shall be promulgated by the President of the Republic. Abstentions shall not be taken into account for the purposes of computing the votes required for the taking of a decision.
(3) The President of the Republic shall, at the request of the Council of Ministers, refer any law enacted by the Assembly of the Republic to a referendum within the period prescribed for promulgation. The laws approved by referendum shall be promulgated by publication in the Official Gazette within ten days of their approval.
(4) The President of the Republic may exercise the authority vested in him under - Article 146 within the period of fifteen days. In such a case the provisions of - Article 146 shall be applied.
(2) If the Assembly of the Republic approves the law returned, either after amending it or as it is, by an absolute majority of the total number of its members, the law shall be promulgated by the President of the Republic. Abstentions shall not be taken into account for the purposes of computing the votes required for the taking of a decision.
(3) The President of the Republic shall, at the request of the Council of Ministers, refer any law enacted by the Assembly of the Republic to a referendum within the period prescribed for promulgation. The laws approved by referendum shall be promulgated by publication in the Official Gazette within ten days of their approval.
(4) The President of the Republic may exercise the authority vested in him under - Article 146 within the period of fifteen days. In such a case the provisions of - Article 146 shall be applied.
The Publication of Decisions: - Article 95
(1) The decisions to be taken by the Assembly of the Republic on the following matters shall, unless there is provision to the contrary in the decision, come into force immediately and shall be published by the President of the Assembly in the Official Gazette within ten days:
(a) Decisions relating to declaration of war;
(b) Decisions relating to the supervision of the Council of Ministers and Ministers and to votes of confidence and to votes of no confidence;
(c) Decisions relating to the holding of new elections and to the postponement of elections;
(d) Decisions relating to the termination of the Office of a deputy;
(e) Decisions relating to the removal of the immunity of a deputy;
(f) Results of elections held for internal matters of the Assembly;
(g) Decisions to prefer charges against the President of the Republic, the Prime Minister and the Ministers before the Supreme Council (Yüce Divan);
(h) Decisions relating to the supervision of public utility enterprises;
(i) Decisions relating to a state of emergency and martial law;
(j) Decisions relating to the approval of development plans.
(2) Decisions of the Assembly of the Republic which are of a general nature and which do not come under paragraph (1) of this - Article shall be dealt with in accordance with the provisions governing the promulgation of laws.
(3) Decisions relating to the application of the Rules of the Assembly of the Republic and decisions which relate to the Assembly's internal organization and activities which the Assembly decides should be published, shall be published by the President of the Assembly in accordance with paragraph (1) above.
(4) No recourse shall be had to the Courts and no annulment proceedings shall be instituted before the Constitutional Court in respect of decisions other than those referred to under sub-paragraphs (d), (e) and (i) of paragraph (1) above.
(a) Decisions relating to declaration of war;
(b) Decisions relating to the supervision of the Council of Ministers and Ministers and to votes of confidence and to votes of no confidence;
(c) Decisions relating to the holding of new elections and to the postponement of elections;
(d) Decisions relating to the termination of the Office of a deputy;
(e) Decisions relating to the removal of the immunity of a deputy;
(f) Results of elections held for internal matters of the Assembly;
(g) Decisions to prefer charges against the President of the Republic, the Prime Minister and the Ministers before the Supreme Council (Yüce Divan);
(h) Decisions relating to the supervision of public utility enterprises;
(i) Decisions relating to a state of emergency and martial law;
(j) Decisions relating to the approval of development plans.
(2) Decisions of the Assembly of the Republic which are of a general nature and which do not come under paragraph (1) of this - Article shall be dealt with in accordance with the provisions governing the promulgation of laws.
(3) Decisions relating to the application of the Rules of the Assembly of the Republic and decisions which relate to the Assembly's internal organization and activities which the Assembly decides should be published, shall be published by the President of the Assembly in accordance with paragraph (1) above.
(4) No recourse shall be had to the Courts and no annulment proceedings shall be instituted before the Constitutional Court in respect of decisions other than those referred to under sub-paragraphs (d), (e) and (i) of paragraph (1) above.
The President of the Republic - Article 99
(1) The President of the Republic shall be elected for a period of five years. The candidates for the office of the President of the Republic must possess the following qualifications:
(a) they must be qualified for election as a deputy ;
(b) they must have completed higher education ;
(c) they must have completed the age of thirty five years ;
(d) they must have been born of a Turkish father and mother and must be a citizen of the Turkish Republic of Northern Cyprus: and
(e) they must have been ordinarily resident in Cyprus for a minimum period of five years immediately preceding the election.
(2) In order to be elected as President of the Republic a candidate must obtain the absolute majority of the total number of valid votes cast. If no candidate obtains such absolute majority, the election shall be repeated after seven days between the two candidates who obtained the greater number of valid votes cast and the candidate who obtains the highest number of valid votes cast at such repeated election shall be elected as the President of the Republic.
(3) The President of the Republic cannot do any work other than his official duties. He cannot, directly or indirectly, undertake any business engagements of the State or of public bodies.
(4) The salary, representation and cost of living allowances and traveling expenses of the President of the Republic shall be regulated by law.
(a) they must be qualified for election as a deputy ;
(b) they must have completed higher education ;
(c) they must have completed the age of thirty five years ;
(d) they must have been born of a Turkish father and mother and must be a citizen of the Turkish Republic of Northern Cyprus: and
(e) they must have been ordinarily resident in Cyprus for a minimum period of five years immediately preceding the election.
(2) In order to be elected as President of the Republic a candidate must obtain the absolute majority of the total number of valid votes cast. If no candidate obtains such absolute majority, the election shall be repeated after seven days between the two candidates who obtained the greater number of valid votes cast and the candidate who obtains the highest number of valid votes cast at such repeated election shall be elected as the President of the Republic.
(3) The President of the Republic cannot do any work other than his official duties. He cannot, directly or indirectly, undertake any business engagements of the State or of public bodies.
(4) The salary, representation and cost of living allowances and traveling expenses of the President of the Republic shall be regulated by law.
The taking of Oath by the President of the Republic: - Article 100
The President of the Republic shall take the following oath on his investiture: "I do swear upon my honour and dignity that I shall preserve the existence and independence of the State, the indivisibility of the homeland and its people and the unconditional sovereignty of the people; that I shall be bound by the principle of the supremacy of law and by the principles of a democratic, secular and social State under the rule of law and the principles of Atatürk; that I shall work for the welfare and happiness of my people; that I shall not depart from the ideal that every citizen must benefit from human rights and fundamental rights and liberties and that I shall remain loyal to the Constitution and the laws ; and that I shall do all in my power to exalt the Turkish Republic of Northern Cyprus and to perform impartially the duties I have undertaken."
The Relations of the President of the Republic with his Political Party: - Article 101
In the event of the President of the Republic being a member of a political party, he shall not be bound by the decisions of his party and he shall act independently. A person cannot at the same time be the President of the Republic and the chairman of a political party.
The Duties and Powers of the President of the Republic - Article 102
(1) The President of the Republic shall be the Head of the State. In this capacity he shall represent the unity and integrity of the State and the community.
(2) The President of the Republic shall ensure respect for the Constitution of the Republic, the carrying out of public affairs in an uninterrupted and orderly manner and the continuity of the State.
(3) The President of the Republic shall represent, on behalf of the Assembly of the Republic, the office of the Commander-in-Chief of the Armed Forces of the Republic.
(4) The President of the Republic shall exercise any other powers and shall perform impartially any other duties entrusted to him by this Constitution and the laws.
(2) The President of the Republic shall ensure respect for the Constitution of the Republic, the carrying out of public affairs in an uninterrupted and orderly manner and the continuity of the State.
(3) The President of the Republic shall represent, on behalf of the Assembly of the Republic, the office of the Commander-in-Chief of the Armed Forces of the Republic.
(4) The President of the Republic shall exercise any other powers and shall perform impartially any other duties entrusted to him by this Constitution and the laws.
Immunity and Liability of the President of the Republic: - Article 103
(1) The President of the Republic shall not be responsible for acts relating to the execution of his duties. The Prime Minister and the Minister concerned, whose signatures appear thereon, shall be responsible for decrees jointly signed with the President of the Republic.
(2) The Assembly of the Republic may accuse the President of the Republic of high treason by a decision taken by at least a two-thirds majority of the total number of its members.
(3) The President of the Republic shall be tried before the Supreme Council (Yüce Divan) if the Supreme Council considers the accusation justified, the term of office of the President shall be terminated. If he is not found guilty he shall resume his duties as the President of the Republic.
(4) Upon the decision of the Assembly of the Republic to level such an accusation, the President of the Republic cannot continue his duties. In such cases, the provisions of - Article 105 of this Constitution shall be applied.
(5) The formal personality of the Office of the President cannot be insulted.
(2) The Assembly of the Republic may accuse the President of the Republic of high treason by a decision taken by at least a two-thirds majority of the total number of its members.
(3) The President of the Republic shall be tried before the Supreme Council (Yüce Divan) if the Supreme Council considers the accusation justified, the term of office of the President shall be terminated. If he is not found guilty he shall resume his duties as the President of the Republic.
(4) Upon the decision of the Assembly of the Republic to level such an accusation, the President of the Republic cannot continue his duties. In such cases, the provisions of - Article 105 of this Constitution shall be applied.
(5) The formal personality of the Office of the President cannot be insulted.
Vacancy in the Office of the President of the Republic - Article 104
(1) The Office of the President of the Republic shall become vacant upon his death, upon his absence from work, other than temporary absence, and upon his written resignation sent to the President of the Supreme Court.
(2) If due to health reasons the President of the Republic shall become permanently incapable of performing his duties, the Council of Ministers shall inform the President of the Supreme Court of the situation. If the Supreme Court sitting as the Constitutional Court decides that the President of the Republic is permanently incapable of performing his duties, the Office of the President of the Republic shall he deemed to have become vacant.
(3) In the event of the Office of the President of the Republic becoming vacant, the vacancy shall be filled by an election to be held within a period not exceeding forty five days from the occurrence of such vacancy.
(2) If due to health reasons the President of the Republic shall become permanently incapable of performing his duties, the Council of Ministers shall inform the President of the Supreme Court of the situation. If the Supreme Court sitting as the Constitutional Court decides that the President of the Republic is permanently incapable of performing his duties, the Office of the President of the Republic shall he deemed to have become vacant.
(3) In the event of the Office of the President of the Republic becoming vacant, the vacancy shall be filled by an election to be held within a period not exceeding forty five days from the occurrence of such vacancy.
Deputising for the President of the Republic: - Article 105
(1) In the event of the President of the Republic being temporarily absent from his office for reasons such as of illness or travel abroad, or in the event of the Office of the President of the Republic becoming vacant, for any reason, the President of the Assembly shall act as President of the Republic until the President of the Republic resumes his duties or until a new President of the Republic is elected, as the case may be.
(2) The President of the Assembly of the Republic cannot exercise the powers enumerated in - Article 88 of this Constitution, while acting as President of the Republic.
(2) The President of the Assembly of the Republic cannot exercise the powers enumerated in - Article 88 of this Constitution, while acting as President of the Republic.
The Formation of the Council of Ministers: - Article 106
(1) The Council of Ministers of the Turkish Republic of Northern Cyprus shall be composed of the Prime Minister and the Ministers. The Prime Minister shall be appointed by the President of the Republic from amongst the deputies in accordance with the provisions of this - Article.
(2) The President of the Republic shall entrust the duty of the formation of the Council of Ministers to the leader of a group or to a deputy who is likely to obtain a vote of confidence. Every deputy who is given a mandate to form the Council of Ministers shall be bound to complete the mandate or return it within fifteen days, at the latest.
(3) The President of the Republic shall appoint the Prime Minister and on the proposal of the Prime Minister, the Ministers in accordance with the provisions of paragraph (2) above. The President of the Republic shall terminate the appointment of any Minister at the request of the Prime Minister.
(4) The Ministers may be appointed from amongst persons who are not deputies; provided that such persons shall possess the qualifications required of a person to be elected as a deputy.
(5) The Prime Minister and the deputies who have been appointed as Ministers shall not lose their membership of the Assembly of the Republic. The Ministers appointed to the Council of Ministers from outside the Assembly shall benefit from immunity in the same way as deputies but shall not vote in the Assembly of the Republic.
(6) The existing Council of Ministers shall continue in office until the new Council of Ministers is appointed by the President of the Republic.
(2) The President of the Republic shall entrust the duty of the formation of the Council of Ministers to the leader of a group or to a deputy who is likely to obtain a vote of confidence. Every deputy who is given a mandate to form the Council of Ministers shall be bound to complete the mandate or return it within fifteen days, at the latest.
(3) The President of the Republic shall appoint the Prime Minister and on the proposal of the Prime Minister, the Ministers in accordance with the provisions of paragraph (2) above. The President of the Republic shall terminate the appointment of any Minister at the request of the Prime Minister.
(4) The Ministers may be appointed from amongst persons who are not deputies; provided that such persons shall possess the qualifications required of a person to be elected as a deputy.
(5) The Prime Minister and the deputies who have been appointed as Ministers shall not lose their membership of the Assembly of the Republic. The Ministers appointed to the Council of Ministers from outside the Assembly shall benefit from immunity in the same way as deputies but shall not vote in the Assembly of the Republic.
(6) The existing Council of Ministers shall continue in office until the new Council of Ministers is appointed by the President of the Republic.
The Duties, Powers and Responsibilities of the Prime Minister - Article 107
(1) The Prime Minister shall ensure interministerial co-operation, the carrying out of the general policy of the Council of Ministers and the application of the laws.
(2) The Prime Minister shall be responsible for ensuring that the Ministers perform their duties in accordance with the Constitution and laws, for securing the orderly functioning and discipline of the Council of Ministers and for taking the necessary corrective measures.
(3) The Prime Minister shall be responsible to the Assembly of the Republic for the programme of the Council of Ministers and for its application or for any important political initiative.
(4) The Prime Minister shall preside over the Council of Ministers. The President of the Republic may preside over the Council of Ministers in cases where he considers it necessary, or at the request of the Prime Minister. The President of the Republic shall not have the right to vote.
(5) The Prime Minister cannot do any work other than his official duties. He cannot undertake, directly or indirectly, any business engagement of the State and of public bodies. The salary, representation and cost of living allowances and the traveling expenses of the Prime Minister shall be regulated by law.
(6) The Prime Minister shall exercise any other powers and perform any other duties conferred on him by this Constitution and the laws.
(2) The Prime Minister shall be responsible for ensuring that the Ministers perform their duties in accordance with the Constitution and laws, for securing the orderly functioning and discipline of the Council of Ministers and for taking the necessary corrective measures.
(3) The Prime Minister shall be responsible to the Assembly of the Republic for the programme of the Council of Ministers and for its application or for any important political initiative.
(4) The Prime Minister shall preside over the Council of Ministers. The President of the Republic may preside over the Council of Ministers in cases where he considers it necessary, or at the request of the Prime Minister. The President of the Republic shall not have the right to vote.
(5) The Prime Minister cannot do any work other than his official duties. He cannot undertake, directly or indirectly, any business engagement of the State and of public bodies. The salary, representation and cost of living allowances and the traveling expenses of the Prime Minister shall be regulated by law.
(6) The Prime Minister shall exercise any other powers and perform any other duties conferred on him by this Constitution and the laws.
The Establishment of the Ministries: - Article 108
(1) The Ministries shall be established and abolished in accordance with the number and principles provided by the Constitution, on the proposal of the Prime Minister and upon approval of the President of the Republic, by a decree published in the Official Gazette. Provided that such a decree shall come into operation only if the Prime Minister concerned receives a vote of confidence.
(2) The number of ministries shall under no circumstances exceed ten. The central organisation of each Ministry and the departments and services that shall be attached to each ministry shall be regulated by rules to be made in accordance with the principles laid down by law.
(3) In Ministries where the office of the Minister is vacant or where a Minister is on leave or is incapacitated from performing the duties of his office, another Minister may deputise for him temporarily. Provided that a Minister shall not act for more than one Minister.
(4) A Minister, against whom a charge is referred before the Supreme Council (Yüce Divan) by a decision of the Assembly of the Republic, shall cease to be a Minister. In the event of the Prime Minister being so charged before the Supreme Council (Yüce Divan), the Council of Ministers shall be deemed to have resigned.
(5) In the event of a vacancy occurring in the office of Minister for any reason, such vacancy shall be filled within ten days, at the latest.
(2) The number of ministries shall under no circumstances exceed ten. The central organisation of each Ministry and the departments and services that shall be attached to each ministry shall be regulated by rules to be made in accordance with the principles laid down by law.
(3) In Ministries where the office of the Minister is vacant or where a Minister is on leave or is incapacitated from performing the duties of his office, another Minister may deputise for him temporarily. Provided that a Minister shall not act for more than one Minister.
(4) A Minister, against whom a charge is referred before the Supreme Council (Yüce Divan) by a decision of the Assembly of the Republic, shall cease to be a Minister. In the event of the Prime Minister being so charged before the Supreme Council (Yüce Divan), the Council of Ministers shall be deemed to have resigned.
(5) In the event of a vacancy occurring in the office of Minister for any reason, such vacancy shall be filled within ten days, at the latest.
The Assumption of Duty by the Council of Ministers and its Responsibilities: - Article 109
(1) The complete list of the Council of Ministers appointed by the President of the Republic shall be submitted to the Assembly of the Republic. If the Assembly of the Republic is in recess, it shall be convened immediately. The programme of the Council of Ministers shall be read by the Prime Minister or by a Minister within a week from the date of its appointment at the latest.
(2) After the programme is read before the Assembly of the Republic, recourse shall be had to a vote of confidence. The debate on the vote of confidence shall begin after the lapse of two full days from the reading of the programme and the vote of confidence shall be held after the lapse of one full day from the end of such debate. No motion for a vote of no confidence shall be tabled against a Council of Ministers, which has obtained a vote of confidence, before the lapse of three months from the date of the vote of confidence.
(3) A motion for a vote of no confidence against the Prime Minister may be tabled by at least nine deputies. No further motion of no confidence shall be tabled before the lapse of three months from the date of the refusal of the previous motion of no confidence. The decision whether a motion of no confidence shall be included on the agenda or not, shall be taken at the second meeting following its submission. A vote of no confidence cannot be taken before the lapse of one full day after the close of the general debate on the motion of no confidence.
(4) After discussing the matter at the Council of Ministers, the Prime Minister may, if he considers it necessary, ask for a vote of confidence from the Assembly of the Republic at any time.,. The request for a vote of confidence cannot be debated until after the lapse of one full day from the making of the request to the Assembly of the Republic and the requests cannot be put to vote until after the lapse of one full day from the end of the debate. The vote of confidence sought in this manner can be rejected only by an absolute majority of the total number of the members of the Assembly of the Republic.
(5) In the event of the majority of the members of the Council of Ministers being replaced within a period of thirty days, the Prime Minister shall ask for a vote of confidence.
(6) The Prime Minister who fails to obtain a vote of confidence, or whose request for a vote of confidence shall be rejected or a motion for a vote of no confidence against him is carried by an absolute majority of the total number of members of the Assembly of the Republic, shall submit his resignation to the President of the Republic.
(2) After the programme is read before the Assembly of the Republic, recourse shall be had to a vote of confidence. The debate on the vote of confidence shall begin after the lapse of two full days from the reading of the programme and the vote of confidence shall be held after the lapse of one full day from the end of such debate. No motion for a vote of no confidence shall be tabled against a Council of Ministers, which has obtained a vote of confidence, before the lapse of three months from the date of the vote of confidence.
(3) A motion for a vote of no confidence against the Prime Minister may be tabled by at least nine deputies. No further motion of no confidence shall be tabled before the lapse of three months from the date of the refusal of the previous motion of no confidence. The decision whether a motion of no confidence shall be included on the agenda or not, shall be taken at the second meeting following its submission. A vote of no confidence cannot be taken before the lapse of one full day after the close of the general debate on the motion of no confidence.
(4) After discussing the matter at the Council of Ministers, the Prime Minister may, if he considers it necessary, ask for a vote of confidence from the Assembly of the Republic at any time.,. The request for a vote of confidence cannot be debated until after the lapse of one full day from the making of the request to the Assembly of the Republic and the requests cannot be put to vote until after the lapse of one full day from the end of the debate. The vote of confidence sought in this manner can be rejected only by an absolute majority of the total number of the members of the Assembly of the Republic.
(5) In the event of the majority of the members of the Council of Ministers being replaced within a period of thirty days, the Prime Minister shall ask for a vote of confidence.
(6) The Prime Minister who fails to obtain a vote of confidence, or whose request for a vote of confidence shall be rejected or a motion for a vote of no confidence against him is carried by an absolute majority of the total number of members of the Assembly of the Republic, shall submit his resignation to the President of the Republic.
The Security Council of the Republic - Article 111
(1) The Security Council of the Republic shall be composed of the President of the Assembly, the Prime Minister, the Ministers of Interior, Foreign Affairs and Defence, the Commander of the Armed Forces and the, Commander of Police, under the Chairmanship of the President of the Republic. Depending on the nature of the agenda, other interested Ministers and persons may be invited and their views obtained, at the request of the Prime Minister,. Secretarial work of the Security Council shall be carried out by the Office of the Prime Minister.
(2) The Security Council of the Republic shall inform the Council of Ministers of its views on the taking of decisions relating to the determination and implementation of the security policy of the State and of the country on securing the necessary co-ordination. Decisions relating to measures considered necessary by the Security Council for the protection of the existence and independence of the State, of territorial integrity and indivisibility of the country and of the peace and security of the community shall be considered with priority by the Council of Ministers.
(2) The Security Council of the Republic shall inform the Council of Ministers of its views on the taking of decisions relating to the determination and implementation of the security policy of the State and of the country on securing the necessary co-ordination. Decisions relating to measures considered necessary by the Security Council for the protection of the existence and independence of the State, of territorial integrity and indivisibility of the country and of the peace and security of the community shall be considered with priority by the Council of Ministers.
Defence of the Realm and Establishment of the Armed Forces - Article 117
(1) Defence of the country shall be undertaken by the Armed Forces of the Turkish Republic of Northern Cyprus.
(2) The Council of Ministers shall be responsible to the Assembly of the Republic for ensuring the security of the country and for preparing the armed forces to defend the country.
(3) In time of war, the Commander of the Armed Forces shall perform the duties of the Commander-in-Chief on behalf of the President of the Republic.
(4) The Commander of the Armed Forces shall be appointed by the President of the Republic upon the proposal of the Minister of Defence and the approval of the Council of Ministers.
(5) The establishment, duties, powers and responsibilities of the armed forces under the Minister of Defence and the commands attached to the armed forces shall be regulated by law.
(2) The Council of Ministers shall be responsible to the Assembly of the Republic for ensuring the security of the country and for preparing the armed forces to defend the country.
(3) In time of war, the Commander of the Armed Forces shall perform the duties of the Commander-in-Chief on behalf of the President of the Republic.
(4) The Commander of the Armed Forces shall be appointed by the President of the Republic upon the proposal of the Minister of Defence and the approval of the Council of Ministers.
(5) The establishment, duties, powers and responsibilities of the armed forces under the Minister of Defence and the commands attached to the armed forces shall be regulated by law.
Provisions in Connection with Public Personnel and Other Public Officers: - Article 121
(1) The qualifications, appointments, duties and powers, rights and responsibilities, salaries and allowances and other personal matters of public personnel shall be regulated by law.
(2) Impartial and independent organ or organs shall be established to exercise power with regard to the appointment, confirmation, emplacement of personnel to permanent and pension deriving posts, promotion, transfer, retirement of public personnel and any disciplinary proceedings against them including dismissal and removal from office, but excluding disciplinary proceedings requiring warning or reprimand as punishment The establishment and functions of such organ or organs shall be so regulated by law as to render possible the making of separate arrangements in respect of a particular section of public personnel having regard to the particular nature of the services rendered by them. Provisions relating to judges, law officers, members of the armed forces and the police and the other provisions of the Constitution in the respect shall be reserved.
(3) The qualifications, appointments, duties and powers, rights and responsibilities, salaries and allowances and other personal matters of the public personnel shall be regulated by law in accordance with the particular nature of the services carried out by the bodies employing such personnel.
(4) Where it is intended to take disciplinary action against public personnel and other public officers, the person concerned shall be notified expressly and in writing of the accusation against him, he shall be asked to make his written defence and he shall be given a fixed period for putting forward his defence. No disciplinary action shall be taken unless the above provisions are complied with and disciplinary decisions shall be subject to review by courts of justice. The provisions of this Constitution relating to judges and law officers shall be reserved.
(5) Public servants carrying out the duties of a high ranking administrator shall be appointed by a decree signed by the Minister concerned, the Prime Minister and the President of the Republic. Provisions in this respect shall be regulated by law.
(6) With the exception of the employment of labourers, no appointments shall be made to the public service, public bodies and public utility enterprises from the date of the publication in the Official Gazette of the election date for the Assembly of the Republic until the date when the new Council of Ministers shall assume duties after the election; promotions, transfers and revision of salary scales shall be suspended completely during the said period. The manner and the circumstances under which these provisions shall be applied shall be regulated by law.
(2) Impartial and independent organ or organs shall be established to exercise power with regard to the appointment, confirmation, emplacement of personnel to permanent and pension deriving posts, promotion, transfer, retirement of public personnel and any disciplinary proceedings against them including dismissal and removal from office, but excluding disciplinary proceedings requiring warning or reprimand as punishment The establishment and functions of such organ or organs shall be so regulated by law as to render possible the making of separate arrangements in respect of a particular section of public personnel having regard to the particular nature of the services rendered by them. Provisions relating to judges, law officers, members of the armed forces and the police and the other provisions of the Constitution in the respect shall be reserved.
(3) The qualifications, appointments, duties and powers, rights and responsibilities, salaries and allowances and other personal matters of the public personnel shall be regulated by law in accordance with the particular nature of the services carried out by the bodies employing such personnel.
(4) Where it is intended to take disciplinary action against public personnel and other public officers, the person concerned shall be notified expressly and in writing of the accusation against him, he shall be asked to make his written defence and he shall be given a fixed period for putting forward his defence. No disciplinary action shall be taken unless the above provisions are complied with and disciplinary decisions shall be subject to review by courts of justice. The provisions of this Constitution relating to judges and law officers shall be reserved.
(5) Public servants carrying out the duties of a high ranking administrator shall be appointed by a decree signed by the Minister concerned, the Prime Minister and the President of the Republic. Provisions in this respect shall be regulated by law.
(6) With the exception of the employment of labourers, no appointments shall be made to the public service, public bodies and public utility enterprises from the date of the publication in the Official Gazette of the election date for the Assembly of the Republic until the date when the new Council of Ministers shall assume duties after the election; promotions, transfers and revision of salary scales shall be suspended completely during the said period. The manner and the circumstances under which these provisions shall be applied shall be regulated by law.
Declaration of State of Emergency due to Natural Disasters and Serious Economic Crisis: - Article 124
The Council of Ministers meeting under the chairmanship of the President of the Republic may, in the event of natural disasters, dangerous infectious diseases or serious economic crisis, declare a state of emergency, in one or more areas or in the whole of the country for a period not exceeding three months.
Declaration of a State of Emergency due to the Spread of Violence and Serious Deterioration of Public Order: - Article 125
The Council of Ministers meeting under the chairmanship of the President of the Republic, may, after consulting the Security Council of the Republic, in the event of strong signs of widespread acts of violence aimed at the elimination of the liberal and democratic order set up by the Constitution or the fundamental rights and liberties, or in the event of serious deterioration of public order, declare a state of emergency in one or more areas or in the whole of the country, for a period not exceeding three months.
Martial Law, Mobilization and State of War: - Article 127
(1) The Council of Ministers meeting under the chairmanship of the President of the Republic may, after consulting the Security Council of the Republic, proclaim martial law in one or more areas or in the whole of the country, for a period not exceeding three months for reasons such as the spread of violence more serious than that necessitating the declaration of a state of emergency or aimed at the elimination of the liberal and democratic order recognised by the Constitution or of the fundamental rights and liberties; the existence of a state of war or circumstances necessitating war ; the starting of an insurrection or the spread of a strong and active uprising against the country or the Republic or of acts of violence endangering internally or externally the indivisibility of the country and of the people. Such proclamation shall immediately be published in the Official Gazette and shall, be tabled forthwith before the Assembly of the Republic, for approval. If the Assembly of the Republic is not in session, it shall immediately be convened for the purpose. The Assembly of the Republic may, by an absolute majority of the total number of its members amend the proclamation or martial law, extend or shorten the period of martial law or abolish martial law if it considers this necessary.
(2) The extension of the martial law for a period not exceeding two months at a time is subject to the decision of the Assembly of the Republic. This period may be dispensed with in times of war.
(3) Matters such as the provisions which shall be applied and the manner as to how proceedings will be conducted, relations with the Administration, and matters as to how liberties will be restricted or suspended and the obligations to be imposed on citizens in the event of war or of a situation necessitating war, shall be regulated by law.
Provided that in the proclamation of martial law in circumstances other than a state of war, the - Articles of the Constitution, the operation of which has been suspended, partly or wholly, during the continuation of the martial law, shall be expressly stated. The - Articles of the Constitution to be so suspended shall be limited to those - Articles of the Constitution the suspension of which are necessary for the elimination of the causes which necessitated the proclamation of martial law. In such cases of martial law, only the - Articles of the Constitution which are listed under - Article 126 (2) of the Constitution can be suspended.
(2) The extension of the martial law for a period not exceeding two months at a time is subject to the decision of the Assembly of the Republic. This period may be dispensed with in times of war.
(3) Matters such as the provisions which shall be applied and the manner as to how proceedings will be conducted, relations with the Administration, and matters as to how liberties will be restricted or suspended and the obligations to be imposed on citizens in the event of war or of a situation necessitating war, shall be regulated by law.
Provided that in the proclamation of martial law in circumstances other than a state of war, the - Articles of the Constitution, the operation of which has been suspended, partly or wholly, during the continuation of the martial law, shall be expressly stated. The - Articles of the Constitution to be so suspended shall be limited to those - Articles of the Constitution the suspension of which are necessary for the elimination of the causes which necessitated the proclamation of martial law. In such cases of martial law, only the - Articles of the Constitution which are listed under - Article 126 (2) of the Constitution can be suspended.
Issue of Decrees having the Force of Law during State of Emergency and Martial Law: - Article 128
(1) The Council of Ministers meeting under the chairmanship of the President of the Republic may, while a state of emergency or martial law is in force, issue decrees having the force of law on matters necessitated by the state of emergency or martial law. Such decrees shall be published in the Official Gazette and submitted forthwith to the Assembly of the Republic for approval. Such decrees, unless rejected by the absolute majority of the total number of the members of the Assembly of the Republic, shall remain in force for the duration of the state of emergency or martial law.
(2) The provisions of Paragraphs (2) and (3) of - Article 112 shall also apply to decrees having the force of law so submitted.
(2) The provisions of Paragraphs (2) and (3) of - Article 112 shall also apply to decrees having the force of law so submitted.
Supreme Council of Judicature: - Article 141
(1) The Supreme Council of Judicature shall consist of the following members:
(a) President and judges of the Supreme Court ;
(b) One member to be appointed by the President of the Republic ;
(c) One member to be appointed by the Assembly of the Republic ;
(d) The Attorney-General of the Republic ;
(e) One member to be elected by the Bar Association.The term of office of the members mentioned in paragraph (b), (c) and (e) above shall be for three years; any member whose term of office ends may be re-elected as a member.
(2) The President of the Supreme Court shall be the chairman of the Supreme Council of Judicature; he shall ensure the implementation of the decisions of the Council.
(3) The Supreme Council of Judicature shall:
(a) take the necessary measures for the general functioning and orderly working of the judiciary, for the regular attendance to their duties of the judges and of the public personnel working in the courts, for the running of the affairs in a proficient manner and for the training of the judges and the safeguarding by them of the dignity and honour of the profession; and
(b) at the end of each financial year submit a report to the President of the Republic, the Assembly of the Republic and the Council of Ministers on the state of judicial affairs and the defects in running them and the reasons, if any, of such defects and advise on measures which it considers necessary to remedy them.
(4) Subject to the provisions of - Article 138 of this Constitution, the Supreme Council of Judicature shall be competent to determine all matters relating to the appointment, the promotion, the temporary or permanent change of the duties or place of appointment, the termination of appointment and discipline of judges.
(5) The duties, powers and working procedure of the Supreme Council of Judicature shall be regulated by law.
(6) The appointment of the President and judges of the Supreme Court shall be approved by the President of the Republic.
(a) President and judges of the Supreme Court ;
(b) One member to be appointed by the President of the Republic ;
(c) One member to be appointed by the Assembly of the Republic ;
(d) The Attorney-General of the Republic ;
(e) One member to be elected by the Bar Association.The term of office of the members mentioned in paragraph (b), (c) and (e) above shall be for three years; any member whose term of office ends may be re-elected as a member.
(2) The President of the Supreme Court shall be the chairman of the Supreme Council of Judicature; he shall ensure the implementation of the decisions of the Council.
(3) The Supreme Council of Judicature shall:
(a) take the necessary measures for the general functioning and orderly working of the judiciary, for the regular attendance to their duties of the judges and of the public personnel working in the courts, for the running of the affairs in a proficient manner and for the training of the judges and the safeguarding by them of the dignity and honour of the profession; and
(b) at the end of each financial year submit a report to the President of the Republic, the Assembly of the Republic and the Council of Ministers on the state of judicial affairs and the defects in running them and the reasons, if any, of such defects and advise on measures which it considers necessary to remedy them.
(4) Subject to the provisions of - Article 138 of this Constitution, the Supreme Council of Judicature shall be competent to determine all matters relating to the appointment, the promotion, the temporary or permanent change of the duties or place of appointment, the termination of appointment and discipline of judges.
(5) The duties, powers and working procedure of the Supreme Council of Judicature shall be regulated by law.
(6) The appointment of the President and judges of the Supreme Court shall be approved by the President of the Republic.