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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
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
2017
LEOM
Referendum
To ensure a framework that provides for the conduct of genuinely democratic referenda, the authorities should consider amending the constitution and relevant legislation. Amendments to the law should provide guarantees for the full participation of all stakeholders and equal opportunities and conditions for proponents and opponents in all aspects of the referendum process. Further, to enhance clarity of the framework, the SBE could fully exercise its regulatory authority in a manner consistent with the law.
Recommendation # in final report:
4
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
2017
LEOM
Referendum
To further facilitate the expression of a voter’s will, proposed constitutional changes that are not directly linked could be presented as distinct questions, which can be separately answered.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum System and Legal Framework
Türkiye
2017
LEOM
Referendum
The authorities should refrain from using emergency decrees to amend the legal framework for referenda and elections, and the Constitutional Court should exercise its jurisdiction to consider if decrees go beyond the exigencies of the emergency. The safeguard of not enforcing legislative changes within one year of adoption should be adhered to, in line with international good practice.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Practice
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
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
2014
LEOM
Presidential
To ensure a fully democratic basis for the conduct of elections, the government is encouraged to resume the drafting of a new constitution, which should broadly guarantee fundamental rights and freedoms, in an inclusive public consultation process.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
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
LEOM
Parliamentary
elections
To provide a fully democratic basis for the conduct of elections, the government is encouraged to ensure broad guarantees for fundamental rights and freedoms in the drafting of a new constitution. This process should take place in an inclusive public consultative manner. Legislation should be consistent with fundamental freedoms of association, assembly, and expression, and electoral rights.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Legal Framework
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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