Professional Organizations in the Nature of Public
- The establishment and administration of broadcasting and television
established by law and their organs shall be elected by them and from amongst
- The elected organs of these organizations shall not be removed, either
permanently or temporarily, from office without a court order.
- The rules and the administration and functions of professional
organizations shall not be contrary to democratic principles.
Broadcasting, Television and News Agencies:
- The establishment and administration of broadcasting and television
stations shall be regulated by law.
- All radio and television broadcasts shall be made in accordance with the
principles of impartiality.
- The principles of compliance with the requirements of a democratic,
secular and social State under the rule of law based on human rights and on
the exigencies of national security and public orals, in the selection and
transmission of news and programmes and in the carrying out of the duty for
the furtherance of culture and education and in securing the correctness of
news; and the election of the executive organs, their powers, duties and
responsibilities shall be regulated by law.
- News agencies established by the State or receiving financial assistance
from the State shall comply with the above provisions.
- The right of politica1 parties to benefit from radio, television, news,
agencies and other similar State authorities shall be regulated by law.
- Facilities for propaganda and election speeches over the radio and
television by political parties, taking part in the elections or in a
referendum, shall be regulated by law.
Vakf Organization and the Office of Religious
- The institution of Vakf and the Fundamental Evcaf Rules (Ahkâmul Evkaf)
are recognised by this Constitution.
- All matters relating to or in any way affecting the institution or
foundation of Vakf or any Vakf properties, including properties belonging to
mosques and any other Moslem Religious institutions, shall be subject
exclusively to the Fundamental Evcaf Rules (Ahkâmül Evkaf); the legislation in
force and the laws to be enacted by the Assembly of the Republic after the
coming into force of this Constitution.
- Vakfs, the income of which belongs to the Evkaf Administration, shall be
exempted from any form of taxation.
- The establishment and functioning of the Vakfs Organisation and the
Religious Affairs Office shall be regulated by law and they shall carry out
the duties prescribed by law.
- The State shall help the Evkaf in the execution of religious services·and
in meeting the expenses of such services.
ECONOMIC AND FINANCIAL PROVISIONS
- The Court of Audit, which is an organ of financial control, shall audit
pub1ic revenue and expenditure and shall inform the Assembly and the Council
of Ministers of the Republic of the result. It shall assist the Assembly and
the Council of Ministers on financial matters.
- The appointment of the President and members of the Court of Audit and its
establishment and functions shall be regulated by law.
The Control of Public Utility Companies:
The control of the income and expenditure of public utility companies shall
be regulated by law.
Development and Planning:
- Economic, social and cultural development shall be based on a plan and
shall be carried out according to such plan.
- The establishment and duties of the organisation concerned with planning,
the principles to be observed in the preparation, execution, application and
change of the plan and measures to guard against amendments tending to impair
the unity of the plan, shall be regulated by legislation.
Putting the State; Under Financial Obligation and the
Establishment of Funds:
Unless express power is given by law, the State shall not, directly or
indirectly, be put under any financial obligation and no fund shall the
constituted unless established by law.
PART V. - THE JUDICIARY
Independence of Courts:
- Judges shall be independent in their duties and they shall judge in
accordance with the Constitution, the laws, legal principles and the opinion
dictated by their conscience.
- No organ, office, authority or person can give orders or instructions:
send circulars or make recommendations or suggestions to courts and judges in
the exercise of their judicial powers.
- No questions can be asked, no debate can be held and no statement can be
made in the Assembly of the Republic relating to the exercise of judicial
power in a case which is under trial. The Legislative and Executive organs and
the administrative authorities of the State shall comply with Court decisions;
such organs and authorities cannot in any way change court decisions or delay
The Security of Tenure of Judges:
- Judges cannot be dismissed; they cannot be retired before the age provided
by the Constitution, unless they so desire, and they cannot be deprived of
their acquired rights even in the event of the abolition of a court or a post.
- The exceptions provided by law concerning judges who are convicted of an
offence entailing dismissal from office; concerning judges whose incapability
to discharge their duties for reasons of ill health has been definitely
established; concerning judges who do work incompatible with their profession;
and concerning judges who have been pronounced unsuitable to remain in their
profession, shall be reserved.
- No action shall be brought against judges in respect of words spoken or
any act done in the execution of their judicial duties.
The Profession of Judges:
- The qualifications, appointments, rights and duties, salaries and
allowances and promotions of judges, the temporary or permanent charge of
their duties or of their places of duty, the commencement of disciplinary
proceedings against them and the imposition of disciplinary penalties,
decision to hold an enquiry and to institute legal proceedings against them
for offences connected with their duties, instances of in capacity and
conviction of an offence which entail dismissal from the profession and other
personnel matters shall be regulated by law in accordance with the principle
of the independence of courts.
- The President and members of the Supreme Court shall hold office until
they attain the age of sixty-five and other judges until they attain the age
- Judges shall not undertake any general or special duty other than the
duties specified by law. They shall not do any work other than their official
duties and they shall not undertake, directly or indirectly, any business
engagement of the State or public bodies.
Hearings to be Public and Judgements to contain
- Subject to the provisions of Article l7 (3) of this Constitution sittings
of the courts shall be public.
- All, kinds of judgments given by all courts shall be reasoned judgments in
Trial of Juveniles:
Special provisions may be made by law on matters relating to the trial of
juveniles and to the execution of judgments concerning juveniles.
Supreme Council of Judicature:
- The Supreme Council of Judicature shall consist of the following members
- President and Judges of the Supreme Court ;
- One member to be appointed by the President of the Republic ;
- One member to be appointed by the Assembly of the Republic ;
- The Attorney-General of the Republic ;
- One member to be elected by the Bar Association.
The term of office of the members mentioned in paragraph (b), (c) and (e)
above shall be for three years; any member whose term of office ends may be
re-elected as a member.
- The President of the Supreme Court shall be the chairman of the Supreme
Council of Judicature; he shall ensure the implementation of the decisions of
the Council of Judicature.
- The Supreme Council of Judicature shall the general functioning
- take the necessary measures for the general functioning and orderly
working of the judiciary, for the regular attendance to their duties of the
judges and of the public servants working in the Courts, for the running of
the affairs in a proficient manner and for the training of the judges and the
safeguarding by them of the dignity and honour of the profession ; and
- at the end of each financial year submit a report to the President of the
Republic, the Assembly of the Republic and the Council of Ministers on the
situation of judicial affairs and the defects in running them and the reasons,
if any, of such defects and advise on measures which it considers necessary to
- Subject to the provisions of Article 138 of this Constitution, the Supreme
Council of Judicature shall: be competent to determine all matters relating to
the appointment, promotion, the temporary or permanent change of the duties or
place of appointment, the termination of appointment and discipline of judges.
- The duties, powers and working procedure of the Supreme Council of
Judicature shall be regulated by law.
- The appointment of the President and judges of the Supreme Court shall be
approved by the President of the Republic.
Punishment of Persons not Complying with Court Decisions or
The Supreme Court or any other court shall have power to punish a person who
does not obey any of its decisions or orders with imprisonment until he complies
with such decision or order but the period of such imprisonment shall not in any
case exceed the period of one year.
The Constitution of the Supreme Court and Allocation of
- The Supreme Court of the Turkish Republic of Northern Cyprus shall be
composed of a President and seven judges. In the absence of the President the
most senior judge shall act in his place.
- The Supreme Court shall carry out the duties of the Constitutional Court,
the Council of State (Yüce Divan), the Court of Appeal and the High
- The Supreme Court shall have jurisdiction to act as the Constitutions
Court with the President and for members attending the sitting. The two last
appointed judges of the Supreme Court shall act as the reserve judges. In case
the President is not present at the sitting, the most senior judge shall
Where a case is referred to the Constitutional Court under Article 148 of
this Constitution, a judge or judges who took part in the decision to refer,
shall not sit at the trial of the case referred or take part in the judgmet to
be given there.
- The Supreme Court sitting with the President and two judges or just three
judges shall have jurisdiction to act as the Court of Appeal or as the High
Administrative Court. The judgments given within the framework of such
jurisdiction shall be final. In cases where the President is not present at
the sitting the most senior judge shall preside.
Provided that recourses made directly to the Supreme Court, acting as High
Administrative Court, other than those recourses specified by law, shall be
examined and determined by a single judge nominated for such duty at the High
Judgments given by a single judge are liable to appeal to the High
Administrative Court consisting of three judges.
- Judges of the Supreme Court who shall perform duties at the Court of
Appeal or the High Administrative Court, shall, before the beginning of each
judicial year, be nominated for that judicial year by the Supreme Court and
that judge shall perform duty at the Court of Appeal or the High
Administrative Court for one judicial year.
Provided that where any of the judges nominated for duty for a year at the
Court of Appeal or the High Administrative Court shall became temporarily
incapacitated to perform his duties, another judge to be nominated by the
President of the Supreme Court may perform such duties.
PART III. - DUTIES AND POWERS OF THE CONSTITUTIONAL COURT
Powers of the Constitutional Court:
- The Supreme Court shall have exclusive jurisdiction to adjudicate finally
on all matters prescribed by the provisions of this Constitution, the laws and
the Rules of Court.
- The Constitutional Court, sitting as the Council of State (Yüce Divan),
shall within the framework of legislation in force have jurisdiction to try
the President of the Republic, the Prime Minister and the Ministers, for any
offence committed by them. The duties of the Prosecuting Officer at the
Council of State (Yüce Divan) shall be performed by the Attorney-General or
the Deputy Attorney-General. The judgments of the Council of State (Yüce
Divan) shall be final.
Conflict of Power Between Organs:
- The Constitutional Court shall have jurisdiction to adjudicate finally on
a recourse made in connection with any matter relating to any conflict or
contest of power or competence arising between State organs.
- Where in any matter a question arises which falls within the jurisdiction
of the Constitutional Court, such question shall be determined finally by the
- In accordance with paragraph (1) of this Article :
- the President of the Republic ; or
- the Assembly of the Republic ; or
- any other organ of the State,
may have recourse to the Constitutional Court, if involved in such conflict
or contest of power.
- Such recourse shall be made within thirty days of the date when such power
or competence is contested.
- Upon such a recourse the Constitutional Court may declare that the law or
the decision or the act which is the subject matter of the recourse is void,
either from the time when the conflict or contest arose or ab initio and
without any legal effect whatsoever, either in whole or in part, on the ground
that such law or decision or act was made or taken or done without power or
competence and in either case the Constitutional Court may give directions as
to the effect of anything done or left undone under such law, decision or act.
- Any decision of the Constitutional Court upon such recourse, shall
forthwith be notified in writing to the parties concerned and to the President
of the Republic who shall cause its publication in the Official Gazette.
- Upon a recourse under this Article the Constitutional Court may order that
the operation of the law or decision or act, which is the subject matter of
such recourse, shall be suspended until the determination of the recourse;
such order shall be published forthwith in the Official Gazette.
Unconstitutionality of Laws:
- The President of the Republic may, at any time prior to the promulgation
of .any law or of any specified provision thereof or of any decision of the
Assembly of the Republic, refer it to the Constitutional Court for its opinion
as to whether such law or any specified provision thereof or decision is
repugnant to or inconsistent with any provision of the Constitution.
- The Constitutional Court shall consider every question referred to it
under paragraph (1) of this Article and having heard the arguments made on
behalf of the President of the Republic and of the Assembly of the Republic
shall give its opinion on such question within forty five days at the latest
and notify the President of the Republic in writing accordingly.
- In case the Constitutional Court is of the opinion that such law or
decision or any provision thereof is repugnant to or inconsistent with any
provision of this Constitution, such law or decision or provision shall not be
promulgated by the President of the Republic but it shall be returned to the
Assembly of the Republic together with reasons therefor.
- The provisions of Article 94 relating to the return of laws or decisions
or provisions thereof to the Assembly shall not apply to any law, decision or
provision so returned.
- The President of the Republic, political parties represented in the
Assembly of the Republic, political groups and at least nine deputies or other
associations, institutions or trade unions on matters concerning their
existence and duties, may directly initiate an annulment suit at the
Constitutional Court on the ground that a law, order, rules, Standing Orders
of the Assembly of the Republic, decision of the Assembly of the Republic and
its regulations, or any of the provisions thereof, is repugnant to or
inconsistent with any provision of the Constitution.
- The right to institute an annulment suit directly in the Constitutional
Court, shall lapse after ninety days from the date of the publication in the
Official Gazette of the law, order, rules, standing orders of the Assembly of
the Republic, decision of the Assembly of the Republic and its regulations, or
any of the provisions thereof, the annulment of which is
Reference of Questions of Unconstitutionality by Courts to the
- A party to any judicial proceedings, including proceedings on appeal, may,
at any stage thereof, raise the question of the unconstitutionality of any law
or decision or any provision thereof which is material for the determination
of any matter at issue in such proceedings and thereupon the Court shall
reserve the question for the decision of the Constitutional Court, and stay
further proceedings until such question is determined by the Constitutional
Provided that where a decision has been previously given by the
Constitutional Court on the same or similar question regarding the
unconstitutionality of any law or decision or any provision thereof the Court
may refuse to reserve the question for the decision of the Constitutional
- The Constitutional Court shall, after hearing the parties, consider and
determine the question so reserved for its decision and transmit its decision
thereon to the Court by which such question has been reserved.
- Any decision of the Constitutional Court under paragraph (2) of this
Article shall be binding on the Court by which the question has been reserved
and on the parties to the proceedings. In case such decision is to the effect
that the law or decision or any provision thereof is unconstitutional, such
decision shall not, unless the Constitutional Court decides to the contrary,
so operate as to make such law or decision or any provision thereof applicable
to such proceedings only.
The Interpretation of the Constitution:
The Constitutional Court shall have exclusive jurisdiction to interpret any
provision of this Constitution. In the exercise of this jurisdiction it may
avail itself of the committee reports concerning the Constitution and of the
minutes of the Assembly.
Decisions of the Constitutional Court:
- The decisions of the Constitutional Court shall be final. Such decisions
shall not be pronounced unless the reasons therefor are expressed in writing.
- Any law, order, rules, Standing Orders of the Assembly of the Republic,
decision of the Assembly of the Republic, internal regulations or any
provisions thereof, the annulment of which has been decided upon by the
Constitutional Court, for being inconsistent with the Constitution, shall be
null and void as from the date of publication in the Official Gazette of the
- Where necessary, the Constitutional Court may also decide on the date when
the annulment decision shall come into farce. This data shall be a date within
the period of one year from the date of publication of the judgment in the
- The annulment decision shall not be retrospective.
PART IV. - DUTIES AND POWERS OF THE SUPREME COURT
SITTING AS THE COURT OF APPEAL
The powers of the Court of Appeal:
- The Court of Appeal shall be the highest appellate court in the State; it
shall have jurisdiction to hear and determine, subject to the provisions of
this Constitution and of any laws and Rules of Court made thereunder, all
appeals from a decision of any court.
- Subject to paragraph (3) of this Article the Court of, Appeal, shall have
such original and revisional jurisdiction as is provided by this Constitution
or any law.
Provided that where original jurisdiction is so conferred, such
jurisdiction shall be exercised by such judge or judges as the Supreme, Court
shall determine. There shall be a right of appeal to the Court of Appeal
against decisions so given.
- The Supreme Court, sitting as the Court of appeal shall have exclusive
jurisdiction to issue orders in the nature of " habaes corpus ", to effect
release from unlawful detention; " mandamus, to secure the exercise, of
powers; " prohibition ", to prohibit the effects of a wrong decision of any
Court or of any authority exercising power of a judicial nature; " quo
warranto ", to inquire .as to upon what authority an office; being held; and "
certiorari ", to quash a decision of any court or an authority exercising
DUTIES AND POWERS OF THE SUPREME COURT SITTING AS THE
HIGH ADMINISTRATIVE COURT
The Powers of the High Administrative Court:
- The High Administrative Court, shall have exclusive jurisdiction to
adjudicate finally on a recourse made to it on a complaint that a decision, an
act or omission of any organ, authority or person exercising any executive or
administrative authority is contrary to any of the provisions of this
Constitution, or of any law or of and·subsidiary legislation made thereunder,
or is made in excess or in abuse of powers vested in such organ or authority
- Such a recourse may be made by a person whose legitimate interest is
adversely and directly affected by such decision or act or omission.
- Such a recourse shall be made within seventy-five days of the date when
the decision or act was published or, if not published or in the case of an
omission, when it came to the knowledge of the person making the recourse.
- Upon such a recourse the High Administrative Court may, by its decision
- confirm either in whole or in part, such decision or act or omission ; or
- declare, either in whole or in part, such decision or act to be null
and·void and of no effect whatsoever ; or
- declare that such omission, either in whole or in part, ought not to have
been made and that whatever has been omitted should have been
- Any decision given under paragraph (4) of this Article shall be binding on
all courts and all organs or authorities in the State and shall be given
effect to and acted upon by the organ or authority or persons concerned.
- Any person aggrieved by any decision or act declared to be void under
paragraph (4) of this Article or by any omission declared thereunder; that it
ought not have been made, shall be entitled, if his claim is not met to his
satisfaction by the organ, authority or person concerned, to institute legal
proceeding for damages or for being granted other remedy and to recover just
and equitable compensation to be determined by the court or to be granted such
other just and equitable compensation as such court is empowered to
OTHER DUTIES AND POWERS OF THE SUPREME COURT
Other Duties and Powers of the Supreme Court:
Subject to the provisions of this Constitution, the establishment,
constitution, functions, duties and powers of the Supreme Court shall be
regulated by law.
Power to make Rules of Court:
- The Supreme Court shall make Rules of Court under the provisions of this
Constitution and of the laws, for regulating the practice and procedure of
itself and of any other Court.
- Without prejudice to the generality of paragraph (1 ) of this Article the
Supreme Court may make Rules of Court for the following purposes :-
- for regulating the court sittings and allocating duties to judges for any
- for the determination by summary proceedings of any appeal or other
proceedings which appear to the Supreme Court or such other court before which
such proceedings are pending to be frivolous or vexatious or to have been
instituted for the purpose of delaying the curse of justice ;
- for prescribing forms and fees in respect of proceedings in the courts and
regulating the cost of, and incidental to, any such proceedings ;
- for prescribing and regulating the composition of the registries of the
courts and the powers and duties or the public servants working in the courts
- for prescribing the time within which any requirement of the Rules of
Court is to be complied with.
Establishment, Duties and Powers of Subordinate
- The judicial power other than that exercised by the Supreme Court under
this Constitution and the laws shall be exercised by such subordinate courts
and specialized courts as may, subject to the provisions of this Constitution,
be provided by a law made thereunder.
- The establishment, duties and powers, functions and rules of procedure of
subordinate courts and specialized courts exercising judicial power shall be
regulated by law.
MILITARY JUDICIAL POWER AND MILITARY COURT OF APPEAL
Military Judical Power:
- Judicial power relating to military matters shall be exercised by military
courts and disciplinary tribunals.
- Military courts shall have jurisdiction to try such military offences, as
may be specified by a special law, committed by persons who are not members of
the Armed Forces. Such courts shall also have jurisdiction to try offences
committed by persons who are not members of the Armed Forces in the execution
of the duties specified in such special law or offences committed by such
persons against members of the Armed Forces in places belonging to the Armed
Forces as may be specified in such law.
- The specific offences and persons over which military courts shall have
jurisdiction in cases of war, martial law or state of emergency, shall be
regulated by law.
- The establishment, functions, procedure to be followed in trials,
personnel matters of judges of military judical organs and the provisions
relating to those performing the duties of a prosecuting officer at military
courts shall be regulated by law in accordance with the independence of
Courts, the security of tenure of judges and the exigencies of service of the
Military Court of Appeal:
- The Military Court of Appeal is the Court of the last instance to review
decisions and judgments given by military courts.
- The establishment, functions, procedure to be followed in trials,
disciplinary and personnel matters of its members, shall be regulated by law
in accordance with the independence of Courts, the security of tenure of
judges and the exigencies of service of the Armed Forces.
PART IX. - THE ATTORNEY - GENERAL'S OFFICE
The Attorney - General and Counsels of the State:
- The Law Office of the Turkish Republic of Northern Cyprus shall be an
independent office and its Head shall be the Attorney-General. The Deputy
Attorney-General shall act for the Attorney-General in case of his absence.
- The Attorney-General shall be appointed from amongst persons qualified for
appointment as a judge of the Supreme Court and he shall be a permanent member
of the judicial system of the Turkish Republic of Northern Cyprus. The
Attorney-General shall hold office under the same terms and conditions as a
judge of the Supreme Court and shall not be removed from office exception on
the like grounds and in the like manner as a judge of the Supreme Court.
- The Attorney-General of the Turkish Republic of Northern Cyprus shall be
the legal adviser of the State, of the President of the Republic, of the Prime
Minister, of the Council of Ministers, of the Ministers and of other State
organs. He shall exercise all such other powers and shall perform all such
other functions and duties as are conferred or imposed on him by this
Constitution or by law.
- (a) The Attorney-General shall have power in the public interest, to
institute, conduct, take over and continue or discontinue any proceedings for
an offence, in the courts of the Turkish Republic of Northern Cyprus. In
Criminal courts the conduct of prosecutions and responsibility therefor shall
vest in the Attorney-General. Such power shall be exercised by him in person
or by the Deputy Attorney-General or by the Counsels of the State acting in
accordance with his instructions.
- The Attorney-General may, where he considers it necessary, by an order to
be published in the Official Gazette, authorise a member of the, police
organisation, whom he considers suitable, to prosecute in courts, under his
direction and responsibility, road traffic offences which can be settled
without a trial under the law.
- The Attorney-General may, where he considers it necessary, by a order to
be published in the Official Gazette, authorise a lawyer appointed to a
Ministry or other public institution and qualified to practise as an advocate,
to conduct proceedings in Courts in which the Ministry or other public
institution concerned is a party.
- The Attorny-General shall have power to represent the State or its organs
in civil and constitutional proceedings in which the State is a party.
- The Attorney-General, the Deputy Attorney-General and the Counsels of the
State shall have the right of audience before any court, and in the exercise
of this right shall take precedence over any other person appearing before the
- The Attorney-General shall, at the end of each calendar year, submit a
report to the President of the Republic, the Assembly of the Republic and the
Council of Ministers on the defects seen in the general functions and in the
execution of the duties of the Law Office and the reasons, if any, for such
defects and submit his recommendations on the, measures which he considers
necessary to remedy them.
- Subject to the provisions of this Constitution, the establishment and
functions of the Law Office of the Turkish Republic of Northern Cyprus, the
qualifications and appointment of the Attorney-General, Deputy
Attorney-General and Counsels of the State, their rights and duties, salaries
and allowances, promotion, the taking of disciplinary action against, and the
imposition of disciplinary penalties on, them and their other personnel
matters shall be regulated by law in accordance with the principles governing
the independence of courts and the security of tenure of judges.