Venice Commision: E.C for democracy trough law on Turkey

Adopted by the Venice Commission at its 108 thPlenary Session (Venice, 14-15 October 2016). On the basis of comments by Mr Michael Frendo (Member, Malta), Mr Dan Meridor (Member, Israel), Ms Jasna Omejec (Member, Croatia), Mr Jean-Claude Scholsem (Substitute Member, Belgium)
Mr Kaarlo Tuori (Member, Finland).

Contents
I. Introduction
II. General
III. Report on the Scope and Lifting of Parliamentary Immunities
IV. Standard procedure for the lifting of parliamentary immunity in Turkey
A. Constitutional basis
B. Procedure and guarantees provided in the Rules of Procedure of the National Assembly
V. Constitutional amendment of 12 April 2016
VI. Judgment 2016/117 of the Constitutional Court of 3 June 2016
VII. Analysis
A. Inviolability and freedom of expression in the current situation in Turkey
B. Functioning of the judiciary
C. Proportionality
D. The temporarary character of the abrogation by an ad hoc constitutional
amendment
E. Personal scope – ad homines legislation
F. Equality
VIII. Conclusions Read in PDF