Kerem Altıparmak, assistant professor at Ankara University Law Faculty commented bianet on the recent discussions after Erdoğan’s presidential status.
Following that Turkey’s Supreme Election Board (YSK) Chairman Sadi Güven submitted its official election report on the election of Erdoğan as new president to Parliament Chairman Cemil Çiçek, a discussion broke out regarding the current status of Erdoğan who is currently keeping his status as Chairman of AKP, PM and parliamentarian deputy.
Saying that “whoever is elected as president loses their deputy title according to the Constitution Article 101”, Altıparmak told bianet the following:
“Becoming a president” and “Being elected as president”
“Erdoğan’s claim that he has yet to become a president doesn’t mean anything. Because his loss of status as deputy doesn’t depend on his being becoming a president, but his being elected as president. And as of August 15, he has been elected as president.
“Being elected as president is a status but it doesn’t mean that he has become the president. Constitution Articl 101 clearly distinguishes ‘becoming a president’ and ‘being a president’. Therefore there is a difference between the two.
“The judicial consequence of this might be the cancelation of PM’s actions in the meanwhile.
“Government is removed as well”
“After the removal of Erdoğan’s PM status, the government is removed as well.
“The head if cabinet is PM. He is the one to rule it. Constitution Article 109/1 cites that ‘The cabinet is composed of ministers council, PM and ministers. There can’t be a council of ministers without the PM. Therefore, the government is removed as well.
Publishing at Official Gazette
“There is no need for an official gazette issue on Erdoğan’s presidency to remove him as deputy and party chairman. Constitution Article 101 doesn’t cite this. It simply says that deputy loses status when elected as president.
“I don’t see this as a prerequisite for his election as president. YSK ruling is very clear and he is the one who is elected as president.” (EKN/BM)
* Click here to read the article in Turkish.
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