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Türkiye
2018
Early election
EOM
Parliamentary
and Presidential
elections
Authorities should implement mechanisms to ensure a clear separation between the State and party to prevent candidates from using the advantage of their office for electoral purposes. In addition, an effective sanctioning mechanism against the misuse of administrative resources should be established.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Campaign
Türkiye
2023
EOM
Presidential
and Parliamentary
To ensure conditions for an equitable campaign environment, consideration could be given to provide that all campaign prohibitions, including the misuse of administrative resources, apply from the calling of the elections. The law should ensure equal application of campaign rules to all contestants, and regulate that the incumbent president should not enjoy undue advantages. Authorities should put in place measures to ensure a clear separation between the State and party to prevent candidates from using the advantage of their office for electoral purposes, including an effective sanctioning mechanism against the misuse of administrative resources, and undertake effective campaign oversight by conducting thorough investigations of all campaign-related offences.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral Campaign
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
2014
LEOM
Presidential
To provide effective means of redress against decisions of the election administration, it is recommended that Article 79 of the Constitution and related articles in the Law on Basic Provisions be amended to provide a right to judicial review of SBE decisions in a timely manner.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
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
To provide for an effective means of redress, the Constitution and legislation should be amended to provide a right to judicial review of SBE decisions in a timely manner.
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
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
2018
Early election
EOM
Parliamentary
and Presidential
elections
The legal framework should be amended to bring it in line with international obligations on freedom of expression and media freedom. All media related cases should be dealt with in compliance with Article 10 of the ECHR on freedom of expression and relevant ECtHR case law.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Türkiye
2023
EOM
Presidential
and Parliamentary
To align the campaign finance framework with international good practice and GRECO recommendations, authorities should address noted gaps and ambiguities. In particular, the authorities could consider establishing periodic, timely and transparent reporting of campaign contributions and expenditures, timely publishing of such reports including before election day, and providing a clear oversight and monitoring mandate to a qualified independent institution. Furthermore, proportionate and dissuasive sanctions for breaches of campaign finance regulations could be introduced.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
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
Consideration should be given to amending the election legislation to explicitly provide for the presence of international and citizen observers to ensure compliance with paragraph 8 of the 1990 OSCE Copenhagen Document.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Citizen and International Observation
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