/ 13 March 2010

Turkey to pass constitutional changes in March

Turkey’s government plans to pass constitutional amendments that have pitted it against the judiciary in a week to 10 days and hold a referendum soon after, Justice Minister Sadullah Ergin said on Saturday.

Public approval of the European Union inspired-changes, which would make it harder to ban political parties and reform the way judges and prosecutors are appointed, would make it less likely for the Constitutional Court to strike down the amendments, Ergin told reporters.

“We object to the current structure of the judiciary because it overextends its powers and creates laws by overstepping the authority of the Parliament,” he said.

Prime Minister Tayyip Erdogan’s AK Party, which has roots in a banned Islamist movement, has clashed with the secularist judiciary over efforts to introduce more government oversight of the Supreme Board of Judges and Prosecutors (HSYK), which appoints court officers.

Tensions were exacerbated last month with the arrest of a prosecutor and dozens of military officers for allegedly plotting to overthrow the government, wobbling financial markets worried about political stability in the $650-billion economy.

The proposed package consists of “urgent and limited” amendments of 10 to 15 articles in the Constitution, Ergin said.

EU membership
Overhaul of the HSYK has been the most contentious issue with the judiciary, he said. Currently five judges from two courts dominate the council, with one official from the Justice Ministry. The government wants to expand the HSYK to 21 members, with a third of them appointed by Parliament.

Reforming the board is required to meet EU membership rules, Ergin said. Brussels has called on Turkey to make the judges’ council more representative and independent.

The head of the Constitutional Court called on Erdogan earlier this month to seek consensus rather than forcing through reforms to ease strains generated by the detentions in the so-called Ergenekon coup investigation. – Reuters