Early election remarks from Erdoğan's chief advisor Mehmet Uçum

Mehmet Uçum, Deputy Chairman of the Presidential Legal Policies Board, who has recently made statements regarding the re-candidacy of AKP Chairman and President Recep Tayyip Erdoğan, has shared a new post on his social media account.

In his post titled "Sunday Article," Uçum evaluated scenarios regarding the regular election day and the decision to hold early elections.

Uçum's post is as follows: 

Last week, we discussed exceptional candidacy in the Presidential election. 

Of course, there is no "early election" or "renewal of elections" on the agenda. 

This issue was discussed in the public eye after Mr. Bahçeli emphasized some time ago that President Erdoğan should be a candidate once again, and Mr. Özel accepted this in principle, excluding the timing. 

Some, however, put forward a baseless claim as if a privilege were being requested for President Erdoğan. 

We explained that the issue is not about privilege, but about exceptional candidacy, and that it would be valid for every President in the same situation according to the Constitution, and we gave the second half of 2027 as an example for the concrete situation. 

This example has nothing to do with setting an election date. Those who misunderstand this and make criticisms contrary to the truth should realize that the issue is entirely about exceptional candidacy, which is a constitutional norm, and its application principles. 

The Grand National Assembly of Turkey (TBMM) decides when elections will be renewed. If the will to make this decision forms in the TBMM, it would be useful to bring the issues that could be discussed in terms of positive law to the legal agenda in advance.

CAN A DECISION FOR EARLY ELECTIONS BE MADE ON THE SAME DATE AS THE REGULAR ELECTION DAY?

Is there a legal loophole regarding the latest date by which a decision to renew elections can be made?

Article 116 of the Constitution regulates the renewal of elections but does not include a provision on how long before the regular election day this decision can be taken or by when it must be taken at the latest. There is no provision on this matter in the election laws either. Accordingly, the following questions may arise.

1-Can a decision be made to renew elections such that they fall on the same date as the regular election day?

2-Can a decision be made to renew elections after the election calendar for the regular election day has begun?

3-Can a decision be made to renew elections such that they are held on a Sunday after the regular election day?

4-Can the 5-year term of the TBMM and the President be extended, even for a short period (a maximum of 67 days), with a decision to renew elections?

5-Can a decision to renew elections be made one day before the regular election day?

All these questions must be answered according to the constitutional provision that the term of office of the TBMM and the President is 5 years, and the rule that the calendar for the regular election day begins at least sixty days before the election day.

When interpreted according to the constitutional system and norms, the following conclusions can be reached:

1-The term of office of the TBMM and the President cannot be extended through the renewal of elections, even for a short period. A mandatory Constitutional provision cannot be effectively changed by a decision of the TBMM or the President. 

However, in the face of the provision in Article 116 of the Constitution regarding the renewal of elections, which states that the duties of the current TBMM and President will continue until new ones are elected after the renewal decision, it can also be argued that the extension is a requirement of the Constitution.

2-A decision to renew elections cannot be made after the election calendar for the regular election day has begun.

3-Essentially, what the system envisions is that the date on which elections are to be renewed should be before the regular election day. Given the requirement that it must be at least one week before, a decision to renew elections can be made at the latest on the 68th day before the regular election.

4-However, if there is a social, political, and/or legal benefit, a decision can be made to renew elections such that they fall on the same date as the regular election day (For example, the Parliament deciding to renew elections to pave the way for exceptional candidacy for the incumbent President). In this case, i.e., a decision to renew elections to be held on the regular election day, it can be made at the latest on the 61st day before the regular election.

"IT MAY BE APPROPRIATE TO ESTABLISH A PROVISION"

In order not to cause all these discussions;

It may be appropriate to include a provision in the Presidential and Parliamentary Election Laws regarding the latest date by which a decision to renew elections can be made. 

Or, the Supreme Election Council (YSK) needs to take principle decisions that can answer the stated questions according to current norms.

??SUNDAY ARTICLE

Last week, we discussed exceptional candidacy in the Presidential election.

Of course, there is no “early election” or “renewal of elections” on the agenda.

After Mr. Bahçeli emphasized some time ago that President Erdoğan should be a candidate once again, and Mr. Özel…

— Mehmet Uçum (@mehmetucum) December 7, 2024

News Source: 12punto