ERDEM-NEWSLETTER-2018-metin

378 NEWSLETTER 2018 Decrees.” The Parliament, however, holds no rights of inspection over these decrees. The President may issue a Presidential decree in matters concern- ing executive authority. However, the fundamental rights, individual rights and duties included in the first and second chapters, and the political rights and duties listed in the fourth chapter of the second part of the Constitution, shall not be regulated by Presidential decrees. A Presidential decree cannot be issued in matters that are foreseen to be regulated exclusively in the Constitution or that which are clearly regulated in the law. If there are different provisions on the same sub- ject in the laws and in Presidential decrees, the provisions of the laws shall apply. If Parliament issues a law on the same subject, the Presi- dential decree becomes null and void. The President may also issue regulations to enforce the application of laws, providing that there are no provisions to the contrary. It is also possible to establish a public legal entity through a Presidential decree. The President appoints and dismisses vice-presidents, ministers, and top-level public officials. The Vice-President title has been newly introduced. The appointment depends solely at the President’s own discretion, and the appointment decision cannot be argued. The Vice- President acts on behalf of the President, as required, and exercises the executive and legislative authorities of the President during this period. Moreover, this person may serve as President for up to one year when the Presidential office is vacated. This is not democracy, since this person is appointed by the President and not the public. As in the US presidential system, for instance, the Vice-President would have been elected by the public. In the US, the Presidential candidate chooses his vice-presidential ‘running-mate’ and they are voted upon under the same ‘ticket’. Moreover, unlike the US presidential system, appointment of ministers by the President is not subject to any Par- liamentary approval, proposal or inspection. The political obligations of the Vice-Presidents and ministers are not towards Parliament, but towards the President. The quorum required for the adoption of laws sent back to Parlia- ment by the President was increased in a way that would be contrary to the legislative body. In the previous system, the President could