Constitutional objection from the IYI Party to the 'Framework Law' proposal.

Constitutional objection from the IYI Party to the 'Framework Law' proposal.

05.08.2026 17:41

The İYİ Party Group Chairmanship applied to the Grand National Assembly of Turkey (TBMM) Presidency, requesting that the 'Law Proposal on Strengthening National Solidarity and Social Integration' be returned to its proponents without being processed, due to procedural and formal violations regarding the Constitution, the TBMM Internal Regulations, the Turkish Penal Code, the Anti-Terror Law, and the Law on the Prevention of the Financing of Terrorism.

The İYİ Party Group Chairmanship applied to the Grand National Assembly of Türkiye (TBMM) Presidency with the request that the "Law Proposal on Strengthening National Solidarity and Social Cohesion" be rejected for procedural and formal violations with respect to the Constitution, the TBMM Internal Rules of Procedure, the Turkish Penal Code, the Anti-Terror Law, and the Law on the Prevention of the Financing of Terrorism, and be returned to the proposal's proponents.

APPLICATION MADE TO THE TBMM PRESIDENCY

İYİ Party Deputy Group Chairs Turhan Çömez and Uğur Poyraz applied to the TBMM Presidency for the "Law Proposal on Strengthening National Solidarity and Social Cohesion" not to be processed and to be returned to its proponents.

In the application petition, it was stated that the said law proposal had been examined and that it contained clear violations of the procedural and formal rules of the Constitution regarding the legislative process. The petition included the following statements:

"The Grand National Assembly of Türkiye Presidency is obliged, in accordance with the Constitution and the Internal Rules of Procedure of the Grand National Assembly of Türkiye, to ensure that law proposals are duly included in the legislative process. In this context, there is no doubt that the Presidency is not merely an administrative authority that refers proposals to the relevant committees; it also has the responsibility to prevent proposals that clearly violate the Constitution and the Internal Rules of Procedure from being included in the legislative process.

"IT IS ASSESSED THAT IT WILL CAUSE HARM"

It is assessed that continuing the legislative process for the proposal would cause harm with respect to the principles of the rule of law, the supremacy of the Constitution, and the conduct of legislative activities in accordance with the law. Furthermore, the Grand National Assembly of Türkiye is a constitutional body that represents the common will of our nation and is tasked with protecting the fundamental characteristics of our Republic and national sovereignty. The Gazi Parliament is not, and should not be, a ground where a treacherous terrorist organization that has attempted every kind of vile act against our noble nation, our glorious history, our heroic ancestors, and the founding values of our state could be legitimized under the guise of legislative activity."

"CONTRARY TO PARLIAMENTARY TRADITIONS"

In the said petition, it was emphasized that the law proposal introduces special and privileged regulations for PKK/KCK terrorist organization leaders, different from the provisions of the TCK and TMK, and stated the following:

"As accepted in practice and doctrine, in organized criminal structures, when political and ideological aims are at the forefront, it is characterized as a 'terrorist organization'; when the aim of obtaining material gain is at the forefront, it is characterized as a 'gang' or 'mafia-type organization'. In this framework, the 'Law Proposal on Strengthening National Solidarity and Social Cohesion', submitted today to the Presidency of the Grand National Assembly of Türkiye as a result of the work of the National Solidarity, Brotherhood and Democracy Commission, established contrary to parliamentary traditions, introduces special and privileged regulations for the leaders of the PKK/KCK terrorist organization and terrorists, regarding the crimes of establishing and managing a terrorist organization, giving execution orders, being a member of a terrorist organization, and other crimes committed in line with the organization's aims, different from the provisions of the current Turkish Penal Code and the Anti-Terror Law. The claim that a terrorist organization is expected to lay down its arms is a consequence of that organization achieving its political and ideological goals.

"IT HAS ACCUSED THE TURKISH NATION OF GENOCIDE"

Indeed, the said terrorist organization has committed the crime regulated in Article 312 of the Turkish Penal Code, 'attempting to overthrow the Government of the Republic of Türkiye or to prevent it, partially or completely, from performing its duties by using force and violence', and in its so-called dissolution declaration dated May 12, 2025, it accused the Great Turkish nation of genocide and assimilation. Therefore, the preparation, signing, and submission to the Presidency of the Grand National Assembly of Türkiye of such a law proposal, which foresees privileged provisions in favor of terrorist organization leaders and terrorists, is contrary to the Constitution in terms of its general principles, including the characteristics of the Republic regulated in Article 2 of the Constitution, the integrity of the State in Article 3, the fundamental aims and duties of the State in Article 5, Sovereignty in Article 6, Legislative power in Article 7, Judicial power in Article 9, Equality before the law in Article 10, The binding force and supremacy of the Constitution in Article 11, and the provision in Article 14 regarding the non-abuse of fundamental rights and freedoms.

"IT SHOULD BE RETURNED WITHOUT BEING PROCESSED"

It is a requirement of law and the constitutional order for the TBMM Presidency to act within the framework of the responsibility imposed on it by the Constitution and return the proposal to its proponent without processing it. In this respect, within the framework of the principle of the supremacy of the Constitution and the obligation of the Grand National Assembly of Türkiye to conduct its legislative activities in accordance with the law, we respectfully request that a decision be made to reject the 'Law Proposal on Strengthening National Solidarity and Social Cohesion' without processing it and return it to its proponents, due to the procedural and formal violations it carries with respect to the Constitution, the TBMM Internal Rules of Procedure, the Turkish Penal Code, the Anti-Terror Law, and the Law on the Prevention of the Financing of Terrorism."

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