Introduction

• Author: Kadriye Bakirci
• Pages: 5-10

5

1 Introduction

1.1 Basic structure of the national legal system

In 2018, Turkey transformed from a parliamentary system to a quasi-presidential political

system (as of 9 July 2018).

In principle, the amended Constitution of Turkey (1982)1 provides for a separation of

executive, legislative and judicial powers. However, under the new system there are

certain exceptions to this rule for example, the legislative powers of the President to issue

presidential decrees (decrees having the effect of law) or to declare a state of emerg ency

(Constitution, Article 104).

The legislative function is exercised by the Grand National Assembl y of Turkey. Laws

introduced by the Grand National Assembly prevail over the presidential decrees with

respect to the same subject in the hierarchy of norms (Constitution , Article 104).

In principle, fundamental and personal rights and duties and political rights and duties

cannot be regulated under presidential decrees. Further, under the Constitution,

presidential decrees cannot be issued on matters that are explicitly and exclusively

regulated by law or that are clearly regulated by law (Constitution, Article 104/17).

However, under the state of emergency, the President can issue a presidential decree

without being subject to the above restrictions. The presidential decrees issued under the

state of emergency are submitted for review and approval by the Grand National Assembly

on the day of their publication in the Official Journal, and enter into effect on the same

day (Constitution, Article 119/6). Such decrees are discussed and resolved on by the

Grand National Assembly within three months from their effective date, otherwise

presidential decrees issued during the state of emergency will be annulled automatically

(Constitution Article 119/7).

The Ministry of Family, Employment and So cial Services,2 which was established in 2018,

is in charge of women’s affairs.3

The legal system of Turkey is based on the division of public law and private law. This

division is mainly influenced by continental Europe (civil law) legal systems bas ed on

codified laws.

Public law regulates the relations between the citizens, the state, the state bodies,

international organisations and other states. It is divid ed into constitutional law,

administrative law, criminal law, tax law, and international law.

Private law regulates the relations between individuals and legal entities. It is divided into

civil law, comm ercial law, employment/labour and social security law and international

private law.

In Turkey, wo rkers are classified as self-employed (independ ent) or dependent workers.

Dependent workers are: employees working under a private law employment contract

either in the public or private sector; civil serva nts; and public officials working under an

administrative law employment contract in public sector. Different strands of legislation

apply to these three groups of (dependent) workers,4 as do different levels of protection

1 See Constitution (Anayasa) No. 2709, Official Journal, 9.11.1982, No. 17863.

2 Presidential Decree on the Establishment and Duties of the Ministry of Family, Employment and Social

Services (Aile, Çalışma ve Sosyal Hizmetler Bakanlığının Teşkilat ve Görevleri Hakkında Kararname), Decree

No. 1, Official Journal 10.6.2018; amended by Decree No. 4, 15.7.2018.

3 Presidential Decree on the Establishment and Duties of the Ministry of Family, Employment and Social

Services (Aile, Çalışma ve Sosyal Hizmetler Bakanlığının Teşkilat ve Görevleri Hakkında Kararname), Decree

No. 1, Official Journal 10.6.2018; amended by Decree No. 4, 15.7.2018; See section 1.3.

4 See section 2.2, below.