The Presidential Decree from the Perspective of Criminal Law and the Law of Misdemeanours

29 October 2018Murat Volkan DülgerCommentary

Introduction

This work was written in Turkish. The summary on this page is a translation; the citation gives the original title in parentheses.

What kind of legal instrument are presidential decrees? Can they be placed within any existing form of regulation, or are they a separate type of their own? More importantly, what is the nature of the rules introduced by these decrees? On which matters may the President introduce rules by issuing a decree? Is there a particular limit and scope, or may the President regulate in this way any field he or she wishes? Has any stage been provided for at which the decrees issued by the President are to be reviewed or approved by another body or authority before they enter into force, or is it sufficient for the President to issue and publish them for these instruments to enter into force and take effect?

Must the rules introduced by presidential decrees be complied with absolutely? May those who claim that their rights have been harmed, or the persons concerned, have recourse to the courts? Finally, is there any sanction where persons who are required to comply with the provisions of a decree fail to fulfil this obligation? As can be seen, although this new type of instrument was formally introduced by the constitutional amendment, the matter has in essence not been clarified; on the contrary, it has brought with it many question marks, points of uncertainty and subjects of debate. In this article, starting from the principles of constitutional law, I will try to offer explanations on the nature, scope and limits of presidential decrees and on whether there are legal remedies that can be used against them.