Introduction

• Author: Kadriye Bakirci
• Pages: 5-10

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.