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Turkey's parliament clears way for constitution referendum

Published 07 May 2010 - Updated 11 May 2010
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Turkey's parliament approved early on 7 May a bill introduced by the ruling AK Party to reform the constitution, clearing the way for a referendum militant secularists have pledged to block in court.

The draft to overhaul the judiciary and the role of the military will now go to President Abdullah Gül for his signature, after which a referendum can be held within 60 days.

The main opposition party has said it will appeal to the Constitutional Court to block the referendum, which it says would cement the AK Party's grip on power.

Prime Minister Recep Tayyip Erdogan, who faces a general election set for 2011, says the reforms are needed to meet the demands of the EU, which Turkey seeks to join. He denies Islamist ambitions.

"The reform package has been approved by the parliament's general asssemby. Let it bring good things to our country," parliament speaker Mehmet Ali Sahin said after lawmakers passed the bill shortly after 2 a.m., ending a marathon session.

The bill lacked the two-thirds majority needed to instantly become law, but secured 336 votes in the 550 seat parliament - enough to put the proposals to a referendum.

The government has said it plans to hold the referendum in July, but the legal process may still face an uphill battle.

The reform drive has unsettled investors because it has stirred tensions between the AK Party, which has its roots in political Islam, and the secular elite.

The two pillars of the reforms call for overhauling the Constitutional Court - the ultimate guardian of Turkey's secular constitution - and the restructuring of the Supreme Board of Judges and Prosecutors, responsible for managing the judiciary.

Critics accuse the AK Party of using reforms to undermine the independence of the judiciary and install supporters in top judicial posts, as part of a long-term strategy to roll back secularism in Turkey.

The main opposition party has said it will appeal to the Constitutional Court to block the referendum.

Such a scenario could lead to institutional paralysis, which could force Erdogan to call a snap election.

The country's chief prosecutor, who previously tried to close down the AK Party, has said the reforms are undemocratic.

There has been speculation that he could launch a fresh attempt to ban the party, which embraces centre-right and nationalist elements as well as a core of religious conservatives and has been in power since 2002.

(EurActiv with Reuters.)

Positions: 

International media sometimes oversimplify the political context in Turkey, and distinctions should be made regarding the positions of major players, Bahadir Kaleagasi, international coordinator at TÜSİAD, the organisation representing Turkish business, told EurActiv.

"Many in Turkish society, including some parts of the opposition parties and supporters of the AKP, criticise some constitutional amendments [proposed by AKP] on the basis of their contradiction with European democratic values of independence and the impartiality of justice and the principles set out by the Council of Europe."

"Another problem is the preference of the government to go to the referendum including all the amendments in a single package, which is a practice opposed by the Venice Commission of the Council of Europe and many EU politicians."

"Besides, there is a national consensus and opposition support for the majority of amendments except those which introduce tools of political control of the judiciary. The criticisms vis-à-vis the AKP government do not refer mainly to its 'Islamic roots' but rather on authoritarian leanings in contradiction with Turkey's EU process."

"This is beyond any political party and concerns whoever will be in power in the future in a system where the executive power will have so many means of controlling the judiciary power," Kaleagasi explained.

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