Turkey Legal Profile

Turkey possesses a civil law system based off a number of European legal systems. The Constitution is the supreme law of Turkey, followed by laws, law amending ordinances and international treaties, and consequently regulations and by-laws. Nevertheless, under the current state of emergency, which was again extended for the sixth time in January 2018, President Erdogan has the ability to issue decrees with the force of law; emergency decrees cannot be reviewed by the Constitutional Court. As such, legislative power, in effect, currently lies with the executive.

The Presidency will gain even greater power after the 2019 Presidential Election as a result of the 2017 Constitutional Amendments.  These amendments severely weakened the National Assembly, limiting the means of parliamentary control over the executive whilst effectively granting the president a veto power over laws adopted by the National Assembly.

Executive power will also rest solely with the President who will be able to freely pass decrees and declare emergency rule, allowing for the suspension of certain right. Parliament and the Supreme Court constitutionally will have a degree of power in controlling these.

However, given that the President will likely be the leader of the majority party in Parliament, thus dictating their policy, and given the lack of judicial independence the President will have de facto sole legislative and executive power.

The judiciary’s independence is guaranteed by the Constitution but in reality, there is no separation of powers. The judicial oversight board, which oversees appointments, disciplining and dismissal of judges, is appointed by the president and parliamentary majority, as is the Supreme Court. Thus, the entire judiciary is controlled by allies of the President, who is the leader of the majority party, and there is executive interference.

Prosecutors who have opened anti-corruption investigations on senior officials have been subsequently suspended and accused of abusing their office by the government. Indeed, corruption is seen as a widespread issue, particularly within politics, public procurement and construction; bribes are regularly demanded.

Structural weaknesses also result in often slow and inefficient case procedures, and courts are reportedly biased against foreigners. Nevertheless, few firms view the Turkish judiciary as a major obstacle to business.

The Turkish Civil Code is the main contract law governing contracts, obligations and family law, whilst the 2011 Code of Civil Procedure forms the primary arbitration and litigation law. The Turkish Commercial Code regulates business life, including aspects such as trading companies, commercial documents, transport, maritime trade and insurance law.

Meanwhile, the Labour Act determines employer-employee relations such as types of labour contract, conditions of termination, occupational health and safety, wages and the principle of equality of treatment.

In regard to trade, the Customs Code is the primary legislation. Anti-corruption laws, alongside other crimes, can be found in the Turkish Criminal Code. This Code also includes the infamous Article 301, which declares that criticising the Turkish Nation or institutions of the state may be prosecuted and imprisoned.

Turkey is a signatory to a number of international treaties and conventions. These include the Geneva Conventions, the Framework Convention on Climate Change, the New York Convention and the Agreement on Strategic Partnership and Mutual Support with Azerbaijan. Turkey is also a member of a number of multinational organisations, including NATO, the Organisation of Islamic Cooperation, World Trade Organisation and the Organisation for Security and Cooperation in Europe. Once ratified, international laws and treaties have the same force of law as domestic legislation.

Nevertheless, international agreements concerning human rights and freedoms prevail over domestic laws in the case of a conflict, but remain inferior to the Constitution.

Need advice? If you’d like further information, or to discuss working with us, you can get in touch via our Contact Us page.