New election statement from the Palace: 'Not an early election, but an election held within its term'

Chief Advisor to the President and Deputy Chairman of the Presidential Legal Policies Board Mehmet Uçum, who has been on the agenda with his assessments regarding the election calendar, has penned a new article concerning the date of April 16, 2028. Uçum stated that the date in question cannot be considered an early election in political and social terms, expressing that it only means moving the election date forward by three weeks.

“THE ORDINARY ELECTION DATE IS MAY 7, 2028”

In his article, Uçum made assessments regarding the election date and stated that the ordinary date for the next general elections is May 7, 2028.

Noting that according to legislation, presidential and parliamentary general elections are held on the Sunday preceding the same day in the fifth year of the last joint election date, Uçum stated that since the last elections were held on May 14, 2023, the next ordinary election date is May 7, 2028.

“APRIL 16, 2028 IS NOT AN EARLY ELECTION”

Mehmet Uçum stated that the April 16, 2028 date he proposed should not be considered an early election and used the following expressions:

"The April 16, 2028 date we proposed for the upcoming general elections is not an 'early election' date in its political and social sense. It is merely moving the election, which will be held on time, forward by three weeks."

Uçum stated that moving the elections forward would be possible with a decision by the TBMM (Grand National Assembly of Turkey) to renew the elections, and that such a decision could be taken in February 2028.

CITED THE 2023 ELECTIONS AS AN EXAMPLE

Citing the elections held in 2023 as an example in his article, Uçum reminded that the ordinary date for the elections at that time was June 18, 2023, but the elections were moved to May 14, 2023.

For this reason, arguing that a three-week advancement in 2028 should not be considered an "early election," Uçum stated that it should be defined as an "election held within its term but moved forward."

DREW ATTENTION TO BAHÇELİ'S WORDS

Touching upon the statements of MHP Chairman Devlet Bahçeli, Uçum expressed that Bahçeli's assessments are important.

Uçum used the following expressions in his article:

"The value of Mr. Bahçeli's supportive opinion, which contains deep meanings regarding the April 16, 2028 date we proposed for the general elections, cannot be debated. His decisive response, to the effect that 'there is not even an hour's difference between holding the election on time and the proposed date of April 16, 2028,' is an approach that puts an end to the matter."

“THE CLAIM OF CONSTITUTIONAL CHEATING IS DEMAGOGUERY”

Emphasizing that moving the elections forward is a constitutional possibility, Uçum opposed characterizing this situation as cheating.

Uçum argued that there is a clear provision in the Constitution that the President can be a candidate once more if the TBMM decides to renew the elections during the President's second term, and asserted that assessments of "constitutional cheating" do not reflect the truth.

“NO EXCEPTIONAL CONDITIONS REQUIRED FOR EXCEPTIONAL CANDIDACY”

Including the subject of "exceptional candidacy" in his article, Uçum stated that the third-term candidacy is based on an exception provision in the Constitution.

Stating that the President's ability to be a candidate again if the TBMM decides to renew the elections is a constitutional regulation, Uçum noted that no extraordinary or exceptional conditions are sought for this.

CALL TO THE OPPOSITION

Stating that the People's Alliance has clearly and explicitly declared that its candidate is President Recep Tayyip Erdoğan, Mehmet Uçum said that the opposition needs to clarify its stance.

Uçum used the following expressions:

"Will the opposition enter a democratic race once again with President Erdoğan in the election that will be held on time, that is, within its term, in 2028 but moved forward by a short time, or will it run away from democratic competition?"

“WILL PROVIDE THE OPPORTUNITY FOR A FINAL CANDIDACY”

Uçum stated that if the elections are moved forward, President Erdoğan could be a candidate once more within the scope of the exceptional provision in the Constitution.

The full text of Mehmet Uçum's article is as follows: "Before addressing the discussed issues, it is understood that it is important to clarify some information. Because it is observed that many concrete facts are sometimes used incorrectly. First of all, the ordinary date of the upcoming general elections is May 7, 2028. It is wrong to express this date as May 14, 2028. According to our legislation, the ordinary date of the following general elections is the Sunday before the same day in the fifth year of the last joint election date for the Presidency and Parliament. The reason for this is the necessity of holding elections without exceeding the five-year term of office. Since the last joint general election was held on May 14, 2023, the upcoming general elections will also be on the Sunday before May 14, 2028. This means the date of May 7, 2028. The fact that May 14, 2028 also falls on a Sunday might be confusing, but this is of no importance. Due to the rule that general elections are 'held on the previous Sunday,' the ordinary date of the upcoming general elections is Sunday, May 7, 2028. On the other hand, the April 16, 2028 date we proposed for the upcoming general elections is not an 'early election' date in its political and social sense.

It is merely moving the election, which will be held on time, forward by three weeks. This advancement happens with the TBMM's decision to renew the elections. This decision will not be taken three weeks before the ordinary election day as is thought. If the TBMM decides on this, it can take this decision on one of the days between February 9 and 15, 2028. Moving elections forward is not a new topic in the new system. The elections held on May 14, 2023, were elections that were moved forward.

Actually, the ordinary date for the general elections in 2023 was Sunday, June 18, 2023. The reason for this was that the Sunday before June 24, 2023, when the five years of the elections held together on June 24, 2018, were completed, was June 18, 2023. However, due to holiday and seasonal conditions at that time, the general elections were moved forward by thirty-four days and held on May 14, 2023. At that time, our President Erdoğan made this decision.

Therefore, holding elections by moving them forward by approximately five weeks in 2023 and three weeks in 2028 does not mean an early election, but holding an election within its term but moved forward. Of course, an election moved forward is an election brought to an earlier date, but in its political and social sense, it is not an 'early election.' Therefore, objections such as 'an election moved forward by three weeks is not considered an early election' based on the memorized rules of the parliamentary system have no value. Anyway, no one calls elections moved forward by a short time from their ordinary day an 'early election.' It is called an 'election within its term but moved forward.'

Another issue is the debate over whether there is a date that can be considered the 'latest' for the TBMM to take the decision to renew the elections. There are no restrictions on this matter other than day calculations in election law. Since the ordinary date of the upcoming general elections is Sunday, May 7, 2028, the start of the election calendar according to this date will be March 10, 2028. Technical debates aside, the TBMM can take the decision to renew the elections on a suitable day before March 10, 2028, and also by observing the calendar of the election date to be moved forward. There is no other time constraint. Of course, the value of the supportive opinion of our Esteemed Elder Mr. Bahçeli, which contains deep meanings regarding the April 16, 2028 date we proposed for the general elections, cannot be debated. His decisive response, to the effect that 'there is not even an hour's difference between holding the election on time and the proposed date of April 16, 2028,' is an approach that puts an end to the matter. Although moving the election forward by a short time is a constitutional possibility, expressing this situation as cheating is black propaganda in itself. The 2023 general elections were also moved forward. There was no constitutional cheating debate. There is a clear provision in the Constitution that 'if the Parliament decides to renew the elections during the President's second term, the President can be a candidate one more time.' The activation of this provision is not tied to any condition or any external reason. Only the will of the TBMM is necessary and sufficient. When the constitutional situation is this clear, talking about constitutional cheating is pure demagoguery.

EXCEPTIONAL CANDIDACY

There is a rule in the Constitution to serve two terms for the Presidency. There is an exception to this rule. That is, if the Parliament decides to renew the elections during a President's second term, the person who has served as President for two terms can also be a presidential candidate for a third term. That is why this situation is called exceptional candidacy. In other words, there is a legal exception here. Exceptional candidacy has nothing to do with exceptional practical issues. The legal rule is to serve two terms. The legal exception to this is the possibility of being a candidate for the third time if the Parliament decides to renew the elections in the second term. If the person who is a candidate for the third time is elected, they can serve as President for the third time. The situation consists of this. Therefore, exceptional candidacy does not require exceptional conditions. It only requires the TBMM to implement the provision that is an exception to the two-term rule in the Constitution. There is no need for any condition or exceptional circumstance for the TBMM to implement this provision. It is not correct to confuse the exception provision in the Constitution, that is, the legal exception, with exceptional situations that may arise in social, political, and economic practices. In no provision of the Constitution is a President's second term being subject to exceptional conditions if the Parliament decides to renew the elections. There is no provision in the Constitution that would be interpreted this way or a regulation that would mean this. Despite this, reaching a conclusion such as 'if this is an exceptional candidacy, then exceptional conditions are required' based solely on the fact that the candidacy opportunity is an exception to the two-term rule, that is, it arises from a legal exception, would be an intellectual weakness. In summary, one should not confuse the exceptional candidacy provision with the phenomenon of an exceptional situation. Of course, the Parliament can sometimes implement the exceptional candidacy provision for social, political, or economic reasons or to resolve conflicts that arise between the executive and the parliament, but these external reasons are not a prerequisite for the implementation of the provision. The Parliament can also take a decision according to this provision without any external reason.

FINAL CANDIDACY...

According to the explanations, when the time comes, for example, in the last days of the first half of February 2028, the Constitutional provision that gives President Erdoğan the opportunity for candidacy can be implemented in the TBMM without any external reason. If there are those who oppose this at that point just because President Erdoğan is getting the opportunity for candidacy, their attitude means running away from democratic competition, from the democratic race. Since the opposition has the goal of defeating President Erdoğan at the ballot box or has set this goal, then they should act democratically and open space for democratic competition. Since the People's Alliance has clearly and definitively declared that its presidential candidate in the upcoming general elections is our President Erdoğan, the issue that the opposition needs to clarify is now clear. Will the opposition enter a democratic race once again with President Erdoğan in the election that will be held on time, that is, within its term, in 2028 but moved forward by a short time, or will it run away from democratic competition? What is reasonable is that no political party or political channel that is in favor of democratic competition and rivalry would choose to run away. Furthermore, the Turkish voter does not forgive political actors who prevent President Erdoğan from appearing before them as a candidate, even though it is a constitutional possibility. For all these reasons, it can be strongly predicted that the upcoming general elections will be held in 2028 on time, that is, within its term, but by being moved forward by a short time. This advancement will also give our President Erdoğan, who has been declared as the candidate of the People's Alliance, the opportunity to be a candidate for the last time in accordance with the exceptional provision of the Constitution. As we emphasized in the previous article, the issue here is not just candidacy. It is to give President Erdoğan the opportunity for candidacy in order to maintain a stable management will that will make Turkey's 'Turkey without Terror' process, its breakthroughs in the defense industry, its energy investments, its regional power position, and its full independence position permanent. President Erdoğan's candidacy for the last time and, if elected, serving his final term should be evaluated within the perspective of reaching the goals of the Century of Turkey and completing institutionalization.

News Source: 12punto