Professors of constitutional law talking to bianet say that there's a procedural obstacle facing the ruling Development and Justice Party (AKP) to solely elect the new president of the republic in May 2007.
As a fierce debate continues on the upcoming elections, leader of the main opposition Republican People's Party (CHP) Deniz Baykal declared that the party group won't adhere to the sitting in the national assembly in case the current PM Tayyip Erdogan declares his candidature.
Prof. Ibrahim Kaboglu of Marmara University says this would result in an early general election, which is due in November 2007.
This results from a parliamentary procedure, which says at least 367 MP's must attend to the sitting for the election to go forward. AKP holds the majority in the assembly but only with 354 seats.
The constitution states that the parliament must proceed with a general election in case it fails to elect a president. The existing president Ahmet Necdet Sezer would hold his position in the mean time.
Constitutional procedure
Kaboglu states that a quorum of two thirds must be met in the national assembly to proceed with the presidential election.
Without such attendance, the election wouldn't go to further rounds where only a majority of the attendants is necessary to elect the new president.
This implication stems from the article 102 of the constitution, which defines the presidential election as an exception, says Kaboglu.
Supreme Court of Appeals Honorary Prosecutor, Sabih Kanadoglu agrees with this interpretation. Kanadoglu wrote in his column in Cumhuriyet newspaper that the Constitutional Court would overturn the election under such circumstances.
Another prominent scholar, Prof. Suheyl Batum also expressed his accord with Kanadoglu's interpretation.
Debate goes on
The Kemalist opposition within and without the parliament -including the current president as well as the head of the army- declared fierce defiance to Erdogan's possible candidature putting forward his Islamist background.
Rising the issue of legitimacy of the existing one, they demand early elections so a new parliamentary composition would elect the new president,
On the other hand, Erdogan refuses to declare his party's presidential candidate. He argues, "the country has bigger problems and the issue of presidency will be resolved lawfully when the time comes".
Business circles stood by with Erdogan's attitude, saying early elections would harm ongoing stability and hurt ongoing economical policies.(TK/EU)
