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Decree-law in Turkey

From EverybodyWiki Bios & Wiki

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A Decree-law in Turkey (Turkish: Kanun Hükmünde Kararname, KHK) is a legal act issued by the government with the force of law. In Turkey, ordinary decree-laws were issued by the Council of Ministers after the Grand National Assembly of Turkey (TBMM) granted an enabling law, while emergency decree-laws were issued during states of emergency under constitutional provisions.[1]

Ordinary decree-laws

Ordinary decree-laws were used when the TBMM authorized the Council of Ministers to regulate specific matters by decree. The authorization had to define the scope, purpose, principles, and duration of the power, and the decree-law entered into force after publication in the Resmî Gazete. Ordinary decree-laws could not regulate certain fundamental rights, personal rights and duties, or political rights and duties.[2]

Emergency decree-laws

Emergency decree-laws were issued during states of emergency by the Council of Ministers under the presidency of the President. These decrees did not require a separate enabling law from the TBMM, and they could cover broader subject matter than ordinary decree-laws.[3] The Constitutional Court stated that, under Article 148 of the Constitution, emergency decree-laws cannot be challenged before the court for unconstitutionality in terms of form or substance.[4]

Decree-laws had the force of law and were subject to political supervision by the parliament. Ordinary decree-laws were also subject to judicial review, while emergency decree-laws were excluded from constitutional review under the constitutional rules in force at the time.[5]

After 2016

Following the state of emergency in 2016, Turkey issued a series of emergency decrees numbered 667[6], 668[7], 669[8], 670[9], 671[10], 672[11], 673[12], 674[13], 675[14], 676[15], 677[16], 678[17], 679[18], 680[19], 681[20], 682[21], 683[22], 684[23], 685[24], 686[25], 687[26], 688[27], 689[28], 690[29], 691[30], 692[31], 693[32], 694[33], 695[34], 696[35], 697[36], 698[37], 699[38], 700[39] and 701[40], which were published and submitted to the Grand National Assembly of Turkey starting from July 2016. The Constitutional Court confirmed that these were emergency decrees issued during a state of emergency and therefore fall under the constitutional review impediment within the scope of Article 148. Accordingly, the Court held that these decrees could not be subjected to constitutional review and that annulment actions against them were inadmissible before the Constitutional Court.[4]

With the 2017 constitutional amendments, which entered into force in 2018, the KHK system was abolished and replaced by presidential decree powers under Articles 104 (ordinary decrees) and 119 (emergency decrees).[41]

These decrees introduced wide-ranging regulatory and institutional changes, including large-scale dismissals of public personnel, closures of private educational institutions, media outlets, and civil society organisations, as well as broader reforms in public administration, security institutions, and the judiciary. They formed part of the exceptional legal framework of the 2016–2018 state of emergency, which significantly reshaped state institutions and civil society in Turkey.[42]

According to the Venice Commission (Opinion No. 865/2016), the state of emergency decrees issued in Turkey after the 2016 coup attempt led to the dismissal of approximately 125,000–130,000 public officials, including judges, prosecutors, teachers, academics, police officers, and military personnel, often without individualized reasoning or effective judicial review. In addition, more than 4,000 legal entities—including associations, foundations, private educational institutions, universities, and media outlets—were closed down, resulting in the widespread liquidation of civil society organizations and private institutions across multiple sectors.[42],[43]

The scope of emergency decree laws

Emergency Decree No. 667 (23 July 2016)

The first decree-law (KHK) issued under the state of emergency established the mechanism for dismissal from public service. It facilitated dismissals without prior court rulings through ambiguous concepts such as "affiliation" (iltisak) or "connection" (irtibat). Strict prohibitions were introduced, preventing dismissed public servants from re-entering public service or returning to their respective institutions.Emergency Decree No. 667 provides an example of how this mechanism was implemented.

Liability: ARTICLE 9 – (1) Persons who take decisions and perform duties within the scope of this Decree-Law shall not incur legal, administrative, financial, or criminal liability due to these duties.[6]

Suspension of execution: ARTICLE 10 – (1) No stay of execution may be ordered in lawsuits filed due to decisions taken and actions carried out within the scope of this Decree-Law.[6]

Emergency Decree No. 668 (27 July 2016)

Numerous institutions, associations, foundations, schools, media outlets, and certain private entities were shut down. The assets, real estate, and rights of the dissolved entities were transferred to the state, affecting not only the personnel but also the economic activity surrounding these institutions.[7] The following excerpt is taken from the decree and sets out the expulsion of military personnel and the measures imposed on them:

a) A total of 1,684 military personnel, including 149 generals listed in Annex (1), have been dismissed from the Turkish Armed Forces. In addition, further action shall be taken against them in accordance with the provisions of relevant special laws.

Military personnel dismissed from the Turkish Armed Forces pursuant to subparagraph (a) of the first paragraph shall, without the need for a criminal conviction, be stripped of their military ranks and official positions, and they shall not be readmitted to the Turkish Armed Forces. They shall not be employed in public service again, nor may they be assigned any duties, directly or indirectly.[7]

Emergency Decree No. 669 (31 July 2016)

Dismissals targeting public personnel were expanded, accelerating the practice of mass purges, particularly in the sectors of security and public administration. From this period onward, dismissals shifted from individual administrative actions into a practice of collective, list-based expulsions.[8] The following excerpt is taken from the decree and sets out the expulsion of military personnel and the measures imposed on them:

A total of 1,196 military personnel, including 9 generals listed in Annex (3), have been dismissed from the Gendarmerie General Command. In addition, further action shall be taken against them in accordance with the provisions of relevant special laws.

The individuals listed shall, without the need for a criminal conviction, be stripped of their military ranks and official positions, and shall not be readmitted to the Turkish Armed Forces or the organization of the Gendarmerie General Command. They shall not be employed in public service again, nor may they be assigned any duties, directly or indirectly and they shall not be readmitted to the Turkish Armed Forces or to the organization of the Gendarmerie General Command. They shall not be employed in public service again, nor may they be assigned any duties, directly or indirectly.[8]

Emergency Decree No. 670 (17 August 2016)

Restrictions regarding the passports, official duties, and certain administrative rights of the dismissed individuals were maintained, directly impacting their daily lives. While the path for the dismissed personnel to return to public service was effectively closed, social exclusion increased.[9]

Emergency Decree No. 671 (17 August 2016)

A new wave of dismissals took place across public institutions, resulting in personnel purges within various ministries and agencies. During this period, dismissal evolved into a form of administrative sanction implemented without investigation or criminal trial.[10]

Emergency Decree No. 672 (1 September 2016)

One of the most critical waves of dismissals concerning members of the judiciary was carried out through this decree, resulting in the termination of 2,847 judges and prosecutors without trial. In line with the rationale of the decree-laws, permanent exclusion from office and "non-readmission" were applied without requiring a court order.[11]

Emergency Decrees No. 673 and 674 (September 2016)

The series of dismissals and closures continued, expanding their impact across the fields of education, healthcare, media, and public service. At this stage, the consequences extended beyond the loss of employment to include passport cancellations, exclusion from the private sector, and economic hardships.[12][13]

Emergency Decree No. 675 (29 October 2016)

Criminal investigations were initiated against a significant portion of the dismissed individuals, thereby supplementing administrative dismissals with criminal prosecution. Those targeted by the decrees faced simultaneous pressure from both unemployment and ongoing judicial processes.[14]

Emergency Decree No. 677 (22 November 2016)

Additional restrictions, such as security clearances, passport cancellations, eviction from public housing, and bans on professional activities, were imposed on numerous individuals. Consequently, dismissal transformed from employment termination into an exclusionary system affecting multiple areas of daily life.[16]

References

  1. ↑ "6771 Sayılı Türkiye Cumhuriyeti Anayasasında Yapılan Değişikliklere İlişkin Bilgilendirme Notu" (PDF). Türkiye Belediyeler Birliği (in Türkçe). Retrieved 11 July 2026.
  2. ↑ "Kanun Hükmünde Kararname Çıkarma Yetkisinin" (PDF). AYAM (in Türkçe). Retrieved 11 July 2026.
  3. ↑ "Madde 121". Yasalar.org (in Türkçe). Retrieved 11 July 2026.
  4. ↑ 4.0 4.1 "Press release concerning the decisions on the decree laws issued under the state of emergency". Constitutional Court of the Republic of Turkey. Retrieved 11 July 2026.
  5. ↑ "[başlık]". DergiPark (in Türkçe). Retrieved 11 July 2026.
  6. ↑ 6.0 6.1 6.2 "667 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  7. ↑ 7.0 7.1 7.2 "668 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  8. ↑ 8.0 8.1 8.2 "669 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  9. ↑ 9.0 9.1 "670 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  10. ↑ 10.0 10.1 "671 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  11. ↑ 11.0 11.1 "672 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  12. ↑ 12.0 12.1 "673 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  13. ↑ 13.0 13.1 "674 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  14. ↑ 14.0 14.1 "675 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  15. ↑ "676 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  16. ↑ 16.0 16.1 "677 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  17. ↑ "678 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  18. ↑ "679 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  19. ↑ "680 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  20. ↑ "681 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  21. ↑ "682 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  22. ↑ "683 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  23. ↑ "684 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  24. ↑ "685 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  25. ↑ "686 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  26. ↑ "687 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  27. ↑ "688 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  28. ↑ "689 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  29. ↑ "690 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  30. ↑ "691 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  31. ↑ "692 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  32. ↑ "693 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  33. ↑ "694 Sayılı Kanun Hükmünde Kararname" (PDF). Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  34. ↑ "695 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  35. ↑ "696 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  36. ↑ "697 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  37. ↑ "698 Sayılı Kanun Hükmünde Kararname". Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  38. ↑ "699 Sayılı KHK Resmî Gazete'de yayımlandı". Karar (in Türkçe). Retrieved 11 July 2026.
  39. ↑ "700 Sayılı Kanun Hükmünde Kararname" (PDF). Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  40. ↑ "701 Sayılı Kanun Hükmünde Kararname" (PDF). Resmî Gazete (in Türkçe). Retrieved 11 July 2026.
  41. ↑ "Constitution of the Republic of Turkey" (PDF). Constitutional Court of the Republic of Turkey. Retrieved 11 July 2026.
  42. ↑ 42.0 42.1 "Opinion 865". Venice Commission of the Council of Europe. Retrieved 11 July 2026.
  43. ↑ "İhraç ve Kamu İstihdamından Dışlanma". KHK'lı Platformları Birliği (in Türkçe). Retrieved 11 July 2026.


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