ERDEM-NEWSLETTER-2018-metin

381 MISCELLANEOUS dural rules at the level equivalent to “High Treason.” The quora are the same as those required in Parliamentary investigations. As a result of the Presidential system, Parliament’s other inspec- tion channels over the Council of Ministers, namely, the motion of ‘no confidence,’ and the ‘vote of confidence’ were removed from the Constitution. In the past, ‘votes of confidence’ could allow ministers to remain in office, and the motion of ‘no confidence’ could cause a dismissal. Unlike Parliamentary investigations, these channels did not review the criminal liability of the Council of Ministers, but only the political liability. In addition, three-month time limit for the ratification of Parlia- ment on decrees having the force of law issued during states of emer- gency has been introduced. Upon the absence of approval of these decrees, they shall be annulled. Miscellaneous Provisions Martial law and military courts have been abolished, except in the event of war. The High Military Court of Appeals and the High Military Ad- ministrative Court have been abolished, thus the appointment of mem- bers from these institutions to the Constitutional Court is no more. For this reason, the number of members of the Constitutional Court has been reduced to 15 from 17. In the new formation, three members of the Constitutional Court are nominated by the Council of Higher Edu- cation and appointed by the President; four members are appointed directly by the President from amongst certain category names; five members are appointed by the President from amongst the candidates nominated by the Court of Cassation and the Council of State; and three members are appointed by Parliament. In the last instance, all members of the Constitutional Court are appointed by the President. When it is considered that the Presidential decrees come under the inspection only of the Constitutional Court, the High Court, which is established by the President, shall inspect the President. The word “High” in the name of the High Council of Judges and Prosecutors has been removed, and the number of Council members

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