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Is Erdogan in breach of constitutional law?

22 August 2014

Members of Turkey’s legal establishments are asking why president-elect Erdogan is still acting as prime minister.

In its report ‘AlMonitor’ says that a highly respected ex-president of the Court of Appeals, Sami Selcuk has pointed out that by remaining in that post, Erdogan is in breach of constitutional law.

Article 101 – last paragraph states:

 “If the President-elect is a member of a party, his/her relationship with his party shall be severed and his/her membership of the Grand National Assembly of Turkey shall cease.”

A few days ago, Selcuk declared that Erdogan’s tenure as Turkey’s prime minister had ended on 15th August, the day the Higher Electoral Board (YSK) formally announced him as the winner of the presidential elections on  August 10th. Selcuk insisted that until 28th August, the day Erdogan would be sworn in as president, the government would be in a transitional phase and an acting prime minister should be appointed to take over the post that Erdogan should vacate.

It has also been pointed out that any actions taken by Erdogan as prime minister could be nullified.

The report also says that Erdogan showed scant interest in the challenge, merely saying “mind your own business”.

For full report click here

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