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Location: Türkiye
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Türkiye
2017
LEOM
Referendum
The constitutional and legislative framework should be reviewed and amended to ensure broad guarantees of fundamental rights and freedoms, only permitting restrictions that have the character of an exception and that are proportionate to a legitimate aim and necessary. State of emergency legislation should ensure that rights and freedoms are only limited to the extent strictly necessary for the exigencies of the emergency.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum System and Legal Framework
Türkiye
2014
LEOM
Presidential
It is recommended to review the LPE and the Law on Basic Provisions with the aim of harmonization and to address inconsistencies, gaps, and ambiguities. Furthermore, these laws should together comprehensively and sufficiently regulate presidential elections.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Electoral System and Legal Framework
Türkiye
2015
LEOM
Parliamentary
elections
The SBE should adopt regulations that sufficiently supplement all aspects of the election legislation and that are within its regulatory authority, and issue decisions that are consistent with the law to ensure a comprehensive and cohesive legal framework.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To ensure the equality of the vote, the system of seat distribution should be reviewed to address the disproportion in the ratio of citizens to parliamentary mandates.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
The legislation should be amended in line with ODIHR recommendations to address key shortcomings, enhance its clarity, and to harmonize all election-related laws to provide a cohesive framework. Further, the SBE should fully exercise its regulatory authority in a manner consistent with the law.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Legal Framework
Türkiye
2023
EOM
Presidential
and Parliamentary
To provide a basis for the conduct of fully democratic elections, constitutional reform should ensure broad guarantees for fundamental rights and freedoms and independence of the judiciary. The legislative framework should be amended to be consistent with fundamental freedoms of association, assembly, expression, and electoral rights.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Türkiye
2017
LEOM
Referendum
The process of drafting and adopting constitutional amendments should fully respect the parliamentary procedures and be based on an inclusive and transparent process. Proposed amendments should be fully in line with Turkey’s international commitments on democracy, human rights and the rule of law.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Background and Political Context
Türkiye
2014
LEOM
Presidential
The SBE should refrain from adopting regulations that overstep its regulation-making authority and conflict with the legislation. Furthermore, to guarantee that elections are administered in accordance with the law and in a transparent manner, the SBE should ensure that its decisions are based on relevant legislation and that written decisions provide a sufficient legal basis.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Electoral System and Legal Framework
Türkiye
2015
LEOM
Parliamentary
elections
The electoral legal framework should be thoroughly reviewed and amended in line with past OSCE/ODIHR recommendations to address substantive gaps and to enhance its clarity.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Türkiye
2015
Early election
LEOM
Parliamentary
elections
Consideration should be given to revising the system of determining mandates to ensure equality of opportunity between independent and political party candidates.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
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