Introduction

AuthorKadriye Bakirci
Pages5-10
5
1Introduction
1.1Basic structure of the national legal system
In2018, Turkey transformed from a parliamentary system to a quasi-presidential political
system (as of 9 July 2018).
Inprinciple, the amended Constitution of Turkey (1982)1 provides for a separation of
executive, legislative and judicial powers. However, under the newsystem 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) orto declare a state of emergency
(Constitution, Article 104).
The legislative function is exercised bythe Grand National Assembly ofTurkey. Laws
introduced bythe Grand National Assembly prevail over the presidential decrees with
respect to the same subject in the hierarchy of norms (Constitution, Article 104).
Inprinciple, fundamental and personal rights and duties and political rights and duties
cannot beregulated under presidential decrees. Further, under the Constitution,
presidential decrees cannot beissued on matters that are explicitly and exclusively
regulated bylaw orthat 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 ofemergency are submitted for review and approval bythe Grand National Assembly
on the day oftheir publication inthe Official Journal, and enter into effect onthe same
day (Constitution, Article 119/6). Such decrees are discussed and resolved onbythe
Grand National Assembly within three months from their effective date, otherwise
presidential decrees issued during the state ofemergency will beannulled automatically
(Constitution Article 119/7).
The Ministry of Family, Employment and Social Services,2 which was established in2018,
isin charge ofwomen’s affairs.3
The legal system of Turkey isbased on the division of public law and private law. This
division ismainly influenced bycontinental Europe (civil law) legal systems based on
codified laws.
Public law regulates the relations between the citizens, the state, the state bodies,
international organisations and other states. Itis divided into constitutional law,
administrative law, criminal law, tax law, and international law.
Private law regulates the relations between individuals and legal entities. Itis divided into
civil law, commercial law, employment/labour and social security law and international
private law.
In Turkey, workers are classified as self-employed (independent) or dependent workers.
Dependent workers are: employees working under a private law employment contract
either in the public or private sector; civil servants; and public officials working under an
administrative law employment contract inpublic sector. Different strands oflegislation
apply to these three groups of (dependent) workers,4asdo different levels of protection
1See Constitution (Anayasa) No. 2709, Official Journal, 9.11.1982, No. 17863.
2Presidential Decree onthe Establishment and Duties ofthe Ministry of Family, Employment and Social
Services (Aile, Çalışmave Sosyal Hizmetler BakanlığınınTeşkilatve Görevleri Hakkında Kararname), Decree
No. 1, Official Journal10.6.2018; amended byDecree No. 4,15.7.2018.
3Presidential Decree onthe Establishment and Duties ofthe Ministry of Family, Employment and Social
Services (Aile, Çalışmave Sosyal Hizmetler BakanlığınınTeşkilatve Görevleri Hakkında Kararname), Decree
No. 1, Official Journal10.6.2018; amended byDecree No. 4,15.7.2018; See section 1.3.
4See section 2.2, below.

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