What will Gül do?

00:00, 15/08/2014, Friday • Yeni Şafak News Center
What will Gül do?

Today the chair of YSK (Yüksek Seçim Kurulu), Turkey"s High Election Council, Sadi Güven, is going to write three letters to three offices.

1. To the Prime Ministry in order to publish the absolute results in the official gazette.

2. An official report to the chair of the Parliament

3. To the presidency.

Is YSK going to write a letter informing that Recep Tayyip Erdogan"s membership of the parliament is over?

No. Besides that, it"s not under YSK"s imitative. Moreover, it is illegal according to the Constitution and the law of Presidential Elections.

YSK is going to send the official report concerning the election results to the Turkish Parliament and thus YSK"s duty is going to be over.

And when exactly does the duty of the parliament chair begin?

Cemil Çiçek, the chair of the parliament, is an experienced and knowledgeable person. He is also a very good law specialist. He knows his area well. Whenever I visit him, I learn many things from him.

The presidential election used to be done at the Parliament. Because people elected the president directly this time, the practice will establish its own customs.

Therefore, the parliament chair made his own preparations. I asked him "Is your duty going to begin after YSK"s letter reaches to you?"

He replied, "Our duty will being on August 28."

But, before that, he must be called to attend the oath ceremony in the parliament. On the arrival of the official report prepared by YSK to himself, the parliament chair is going to be convoked in the meeting at the parliament on August 28.

President Recep Tayyip Erdogan will be welcomed by the Parliament Chair Deputy, who is in the highest status in terms of birth date. This person is Güldal Mumcu. If Miss Mumcu pleads something for not doing it, then Aysenur Bahçekapili will take on the duty.

Parliament chair Çiçek will begin to recite the official report prepared by YSK from the president chair as such: "Mr. Recep Tayyip Erdogan, you have been elected as the 12th President of the Turkish Republic. I am wishing you success in your office." Then he will invite Erdogan to the "chair of the nation" to take his oath.

The Parliament chair studied even this detail. It is decided that the President will take his oath not from the presidential chair, but from the chair of the nation. After the oath ceremony, Erdogan will rise to the palace and the handover ceremony will be held at Çankaya.

The president has been elected by the people, but the old regulation still exists in the Constitution.

The election of the president regulated by the article 101 and 105 involves the election of the president, his oath, duties and rights, the state of responsibility and irresponsibility.

There are no provisional laws. The old customs are based on the system of election by the parliament. However, there is a special regulation. I am talking about the "The presidential election law" with the date 19.01.2012 and number 6271.

If there is any specific regulation in this matter, it must be taken into consideration. The article 20 and 21 of the law of Presidential election regulates the activities in the aftermath of the election.

Here after the absolute results are declared by YSK, there is no such regulation that annuls Erdogan"s parliament membership or requires him to resign from the Prime Ministry. In both the constitutional law and legal regulations, it is stated that the president-elect "begins his/her duty after taking his/her oath".

At any rate – except for a marginal or a parallel state person – there will be no one who would argue for the annulment of the parliament membership once the president is elected, because to be elected by the people authorizes a more legitimate status. And by this logic, it also means that they admit Erdogan as subject the laws concerning with state of responsibility and irresponsibility due to the old customs of the parliament and his election to his new post.

The MP Prof. Mehmet Cihat Özönder from MHP passed away in a traffic accident while on his way to the oath ceremony. His personal rights were given even if he did not take his oath.

CHP and BDP MPs boycotted the parliament and did not take their oaths. However, their salaries were paid to them on July 15 along with their personal rights.

Even though it exists in the constitution and in the law that if anyone argues that Erdogan"s parliament membership is annulled, then he will admit that Erdogan is authorized with the rights given by the fact that he achieved them through the presidential election.

There is the governmental aspect of the issue, too.

There are different practices at times of presidential election by the parliament. When Özal was elected the president, Kenan Evren appointed Ali Bozer as the Prime Minister Deputy.

When Demirel was elected because Özal passed away, he took his oath on the same day and began his duty and until the end of the DYP congress, he deputized Erdal Inönü, the SHP chair and the Prime Minister Deputy.

Özal was elected president in October 31, 1989, but he had to wait for November 9 in order for Kenan Evren"s term in office to end. Kenan Evren, with a coup leader move, appointed Ali Bozer as the Prime Minister Deputy despite the existence of the Prime Minister Özal. On the same day after taking his oath, Özal gave the right to the Parliament Chair Yildirim Akbulut so that he could establish the government.

The question here is: Is President Gül going to appoint any Prime Minister Deputy in the period from August 18-25? Gül is the symbol of stability in Çankaya. He is not a coup leader like Kenan Evren. Therefore, he will not appoint a Prime Minister Deputy. After Prime Minister Erdogan takes his oath at the Parliament on August 28, the current president Abdullah Gül will hand over his office and bid farewell to Çankaya, leaving a clean past behind.


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