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Türkiye
2015
LEOM
Parliamentary
elections
To enhance the election dispute resolution process, the law should establish a right for civil society organizations to lodge complaints, clear oversight of the campaign by relevant authorities, and reasonable deadlines to submit and adjudicate complaints.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
LEOM
Parliamentary
elections
Consideration could be given for the Constitutional Court to interpret and exercise its jurisdiction broadly over individual petitions related to violations of fundamental rights to ensure that electoral rights are protected, including a timely deadline to address election-related petitions.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
Early election
LEOM
Parliamentary
elections
In handling disputes, the SBE should increase its efforts to exercise its authority to oversee and ensure the fairness of the electoral process. The legislation could be amended to provide the SBE with sufficient resources including legal experts, to enable it to effectively implement its responsibilities.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To provide for an effective means of redress, the Constitution and legislation should be amended to establish a right to judicial review of SBE decisions and inactions. Appropriate deadlines to address election-related disputes should be established to ensure timely remedy. In addition, the Constitutional Court should have jurisdiction in cases against the SBE concerning alleged violations of fundamental rights and freedoms.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2015
Early election
LEOM
Parliamentary
elections
The impartiality requirement should be clearly defined in the law and overseen by an independent regulatory body, which can act upon complaints or violations in a timely manner. The Law on Broadcasting could be amended to provide for remedies to contestants rather than sanctioning media outlets.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Türkiye
2015
Early election
LEOM
Parliamentary
elections
To enhance the election dispute resolution process, the law should establish a framework for campaign–related complaints and concrete and reasonable deadlines for handling election-related complaints and appeals. To enhance transparency, all decisions should be published or posted on the SBE website in a timely manner.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To provide for effective means of redress of election disputes, the legal framework should be amended to provide for an independent judicial body to review SBE decisions. Moreover, the Constitutional Court should have jurisdiction in cases against the SBE concerning alleged violations of constitutionally-protected rights.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
To increase the efficacy of the dispute resolution process, the SBE and lower-level boards should increase efforts to substantively consider all complaints and appeals and to provide reasoned decisions in line with the legislation.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Türkiye
2023
EOM
Presidential
and Parliamentary
To provide for effective means of legal redress, including challenges to the final election results, the legal framework should be amended to provide for an opportunity to seek timely review of SEC decisions by an independent judicial body. The Constitutional Court should have jurisdiction over SEC decisions on alleged violations of constitutionally-protected rights.
Recommendation # in final report:
11
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Türkiye
2023
EOM
Presidential
and Parliamentary
The electoral dispute resolution framework should be reviewed to broaden the legal standing, establish a framework for campaign-related complaints, set appropriate deadlines for submission and resolution of complaints, and require public sessions for handling of the complaints.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
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