Parliament will return for the new legislative year on Wednesday, and a packed agenda of reforms awaits deputies, including plans for a new constitution and several amendment packages.
Parliament is determined to draft a new civilian constitution, despite all the challenges it faces in achieving this, and is planning to amend at least 131 laws as part of reforms for its EU membership bid. Laws concerning political parties and elections are a priority in harmonizing Turkish political policies with those of the EU. In addition, Prime Minister Recep Tayyip Erdoğan is expected to reshuffle the Cabinet and change the organization of some ministries. In addition, in 2009 significant reforms to the judiciary will be introduced.
The parliamentary recess that started on July 30 will officially come to an end on Wednesday. The first item on Parliament’s agenda in this new legislative year is the establishment of conciliation commissions as part of a proposal put forward by Parliament Speaker Köksal Toptan.
Toptan had sent letters to the leaders of the political parties represented in Parliament suggesting that joint commissions be set up to work on the Constitution, parliamentary bylaws, EU harmonization legislation, the Law on Political Parties, the Election Law, the political finance and political ethics laws and several other key laws.
Following the opening of Parliament, Toptan will visit political party leaders to discuss these commissions. The ruling Justice and Development Party (AK Party), the Nationalist Movement Party (MHP) and the pro-Kurdish Democratic Society (DTP) have indicated that they are open to Toptan’s proposal and say they will lend support to the reform process.
However, Toptan met with Republican People’s Party (CHP) leader Deniz Baykal last week and learned that he will not be assigning members to the commissions. Baykal had said since the Constitutional Court’s decision in a closure case against the AK Party to slash Treasury aid to the AK Party had confirmed that the party is a focal point of anti-secular activities, the AK Party is not capable of undertaking constitutional amendments. Many political analysts expect that the CHP will, as in the past, go to the Constitutional Court requesting the cancellation of the amendments these commissions will make.
Nihat Ergün, the deputy chairman of the AK Party’s parliamentary group, told Today’s Zaman that they will not halt the reform process just because the CHP withholds its support. “We will continue to work on the new constitution without the CHP. We can explain to the general public what the CHP is doing,” he said.
Although Baykal had previously declared that his party would not support the conciliation commissions, CHP Deputy Chairman Mustafa Özyürek told Today’s Zaman: “We will not be part of the work on the new constitution. However, we are open to the proposals amending legislation on political parties and elections and on establishing a political ethics commission. Of course, our support rests on the condition that parliamentary immunity is removed.”
He indicated that if the AK Party concedes to removing immunity, they might change their decision on not participating in the commission work. However, the AK Party argues that immunity of not only deputies, but also bureaucrats and members of the judiciary should be eliminated.
The MHP is trying to persuade the CHP to join the work on amendments. MHP Deputy Chairman Cihan Paçacı stated that if the AK Party agrees to the removal of parliamentary immunity, the MHP may persuade the CHP to get involved in the amendment process.
Without the CHP’s support, any constitutional amendment could be canceled by the Constitutional Court.
EU reform process to gain momentum
The AK Party is planning to speed up the EU reform process, which has slowed considerably since 2006, constituting a main source of criticism among EU officials. The Third National Program, an outline of the reforms the government plans to make as part of the EU harmonization process, will also be on Parliament’s agenda in the new legislative year. The program recommends amendments to 131 laws and 342 bylaws and regulations.
Judicial reform makes up the bulk of the Third National Program. To ensure a more transparent and effective judiciary, amendments will be made to the General Administrative Procedures Code and the Administrative Prosecution Procedures Code, and an ombudsman bill we be proposed. In addition, a public inspection authority will be established and a commission on increasing the transparency and development of effective public management will be set up within the Inspection Board of the Prime Ministry.
The establishment of a parliamentary political ethics commission, also proposed by Toptan, is also included in the Third National Program. Moreover, the Property Declaration Law and the Bribery and Anti-corruption Law will be amended. The Prime Ministry’s Human Rights Directorate will be reorganized according to the Paris Principles.
In the amendments to the Law on Political Parties, criteria formulated by the Venice Commission will be applied to the closure of political parties. To make political funding more transparent, the Elections Law and Electoral Registries Law will also be amended.
Significant improvements will be made with respect to the relations between civilian and military authorities, a common source of criticism from the EU, in the new legislative year. As part of this, the Court of Accounts will be given the authority to audit military expenditures in another amendment.
The powers and authorities of the gendarmerie will be revised to ensure that internal security services are provided by civilian authorities. A judicial reform strategy will be developed to reinforce the independence, impartiality and effectiveness of the judiciary.
The Supreme Board of Prosecutors and Judges (HSYK) will be restructured to ensure broader participation based on principles of objectivity, transparency and accountability, and an effective system of review of the board’s decisions will be established.
In addition the establishment of appellate courts will be prioritized and more specialized courts will be created.
Todays Zaman
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