A Brief of

TURKISH LAW by Topics

The order or pattern of rules that society uses to govern the conduct of individuals and their  relationships is called law. Law keeps society running smoothly and efficently. Law consists of the body of principles that govern conduct and that can be enforced in court or by administrative agencies. The law could also be described as a multitude of rights. A right is a legal capacity to require anothor person to perform or refrain from performing an act. Our rights flow from the Turkish Constitution, statutes and ordinances.

The foundation of the Turkish law of a current legal system may be found in Roman law or practices or moral laws applied in bygone ages. Until the 12th century, law in the western world operated on several primary levels. Collections of written  laws such as the Augustinian Code or the Code of Charlemagne(both traceable to Roman law) created a broad written legal framework. This basic system still prevails in many European countries and is known as the “civil” law.

Towards the end of the 1900’s, many European countries codified much of their law both public and private. On the other hand, in the Anglo Saxon countries the notion of uncodified law prevailed, and many rules are derived from customary laws and judicial precedents. Turkey has followed many European countries and codification of many European laws. Legislative branch has become the most important foundation of the Turkish law.

The foundations of the Turkish law may be written or unwritten rules. The written rules may be classified in to six categories. There is only one unwritten law ın Turkish system. It is called “customary law”. We will examine the foundations of the Turkish written law first. These are as follows;

The foundations of the Turkish written law is classified in seven categories. These are constitution, statutory law, international treaty, statutory decrees, regulations, by-laws, court decisions and doctrine.

The term “constitution” refers to either the structure of the government and ıts relation to the people within ıts sphere of power or the written document setting forth that structure. A constitution is a body of principles that establishes the structure of government and the relationship of that government to people who are governed. Constitutional law is the branch of law that is based on the constitution for a particular level of government. The Turkish Constitution sets forth not only the structure and powers of government but also the limitations on those powers. Turkey has a prominent place among today’s developing countries by the length of its experience.

The Turkish Constitution establishes a tripartite government: a legislative branch to make the laws, an executive branch to execute the laws, and ajudicial branch to interpret the laws. The Turkish Constitution provides that the Turkish Parliament has sole authority to enact laws for application throughout Turkey. The 7th Article of the Turkish Constitution provides that “legislative power is vested in the Turkish Parliament. Members of the Turkish Parliament are popularly elected by the Turkish citizens for a term of five years.

According to the Turkish Constitution, the basic characteristics of the Turkish Republic have been described as “a democratic, secular, and social state governed by the rule of law, in accordance with the concepts of social peace, national solidarity, and justice; respectful of human rights...”

The supremacy of the constitution is expressed clearly in the 11 the Article of the Turkish Constitution which states that “laws shall not be in conflict with the constitution.

The expression “law” is ordinarily used to indicate a statute enacted by the Turkish Parliament. The statutory law includes this legislative acts declaring, commanding, or prohibiting conduct. Statutes are applied in all parts of Turkey and all Turkish citizens, and aligns are subject to them. An act of the Turkish Parliament to provide leave for officers medical needs is an example of a statutory law.

Statutes are applied until they are abrogated or changed by a new statute. The Turkish Paliament permits both making new laws and abrogating old ones and is an essential instrument for the regulation of modern social life. The Turkish Parliament has become the most important foundation of law.

Bills may be introduced either by the Council of Ministers or by members of the Turkish Parliament. The statute passed by the Turkish Parliament are promulgated by the President of the Republic within fifteen days. The President may, within the same period, refer the law back to the parliament for reconsideration. If the parliament again passes the statute in its original version(without new amendments), the President has to promulgate it.

The foundation of the Turkish law also includes treaties made by the Turkish Republican. International Treaties to which Turkey is a party are approved by the Turkish Parliament by enactment of a law. Technically, therefore, international treaties are statutes become enforceable after their publication in the Offical Gazette. Some international treaties become binding without the official approval of the Turkish Parliament such as economic, commercial and technical treaties(The Constitution 90.m)

The Turkish Parliament may authorize the Council of Minister by special statute, to issue statutory decrees on certain topics. In these special statutes the scope, principles, and duration of the power to issue statutory decrees are clearly stated. Statutory decrees become enforceable on the day of their publication in the Offical Gazette, and they are submitted for the review and approval of the Turkish Parliament on the day of their publication. Statutory Decrees cannot subject to the fundamental liberties and political rights of individuals.  

The Council of Ministers has the power to make regulations that regulate for enforcement of statutes. According to the Turkish Contitution, such regulations must have been examined by the Council of State, signed by the President of Republican and promulgated in the same manner as statutes. Regulations cannot contain provisions contrary to statutes. In the hierarchy of laws, therefore regulations come after statutes and contain more concrete rules than statutes.

Late in the last century, a new type of governmental structure began to develop to meet the highly specialized needs of government regulation of life. An administrative agency is a government body charged with administering and implementing legislation. An administrative agency may be prime ministry, the ministries, and public corporate bodies such as universities and municipalities.  These administrative agencies have the power to make “by laws”, in conformity with statutes and regulations in order to regulate a particular segment of life or business.

By laws adopted by these agencies may be intended to interpret or clarify the statute and regulation.

Courts have been created to hear and resolve legal disputes. A court’s specfic power is defined by its jurisdiction. Courts of original jurisdiction are trial court, and courts that review the decisions of trial courts are appellate courts. Turkish courts are bound to make their decisions in conformity with the statutory law, the function of the judiciary being to interpret and apply the law.

In Turkey certain precedents are follower. Thus lower trial courts are bound by some decisions of the Supreme Court and the Supreme Court in turn is bound by some of ıts own decisions.

Doctrine is a subsidiary foundations of Turkish law. The research of the legal authority, or jurist, is to discover by logical analysis the several possible interpretations of laws and to indicate their practical consequences. The studies of juristic are not an independent “source of law”, although in some cases juristic opinion leads to the formation of law.

As unwritten law, we will examine customary law.  Customary law may give us some insights into the development of law. Written laws have mainly developed from customary law. Customary law constituted and observed course of conduct of the society.

For a customary law to have legal validity in the Turkish system. It must be (1) antiquity, (2) countinuity, (3) popular belief in rightness of a custom law, (4) state sanction, (5) agreement with statutory law. In the first Article of  the Turkish Civil Code states that “... there is no applicable provisions, the judge should decide according to existing customary law....”.

Turkish law consists of the pattern of rules established by society to govern conducy and relationships. These rules can be expressed as constitutional provisions, statutes, administrative regulations, and case decisions. Law can be classified as substantive or procedural, and it can be described in terms of its historical origins, by the subject to which it relates, or in terms of law or equity.

The foundations of the Turkish law include constitutions, statutes, administrative regulations, bylaws, court decisions, doktrine, and customary law.

"[T]he Law . . . should be accessible to everyone and at all times." —Franz Kafka, The Trial

This site was designed and is maintained in free moments by James Wyman as a public service. It is not an official Florida government web site. It is for informational purposes only and is not meant to constitute the giving of legal advice. If you need a lawyer in Florida, please contact The Florida Bar's Lawyer Referral Service. Comments? Suggestions? Try the FLO Forum.

This bird's eye view of the Turkish Legal System is designed to give the reader an overall idea of how to take care of a variety of transactions and where to go or whom to call if additional assistance is required.

With this in mind after a brief introduction into the Turkish legal system, the following subjects will be addressed, though not in-depth: residence permits; visa requirements, local obligations; custom regulations; information on tourism police, foreigners' office, embassies and consulates; reciprocity; legal issues.

Sample petitions in English and Turkish language are presented for your convenience as well as a condensed list of lawyers.

Turkey has a law system, which has been wholly integrated with the continental European system. For instance, the Turkish civil law system has been modified by incorporating elements mainly of the Swiss Civil Code, the Code of Obligations and the German Commercial Code. The administrative law bears similarities with the French Counterpart and the penal code with the Italian Counterpart.

Foreigners who have arrived in Turkey for the purpose of working must obtain a residence permit within one month of their arrival date. They must have received their work permit before commencing work.

Foreigners arriving in Turkey with a common passport for the purpose of touring or participating in a congress or conference or a cultural entertainment are not obliged to obtain permission and can stay for up to two months. This duration may be longer if necessary.

Foreigners are required to submit their ID card, residence permit or passport whenever asked by police or gendarme.

The necessary documents for application of permits should be delivered to the Yabancılar Şubesi (Foreigners' Office) - a sub-unit of General Security Department which is located on Vatan Caddesi (Vatan Avenue) in Fatih. Tel: (212) 636 1722 and 636 1878

The basic rights and freedom of foreigners are to be limited only by law.
Every one is entitled to the freedom of worshipping, religion, conscience and belief.
Everyone is entitled to claim his rights and defend himself/herself in the Courts.
Everyone is entitled to work and conclude agreements in whatever field he/she wishes.
Everyone is obligated to pay taxes in accordance with his/her financial strength.

Telephone line
Obtaining residence permits, and issues relating to
Conducting transactions at the traffic office
All essential transactions, previously done before by the civil local officers are carried out now by the Foreigners' Office pursuant to the recent regulations. Therefore, foreigners have no contact with local civil officers.
If you wish to leasing an automobile, branch offices of international firms are widely available in addition to local ones. All of them request standard contracts, which include unfavorable provisions. Since the lessor is requested beforehand to sign a blank slip with his credit card number listed on it, in case of any adverse situation the lessor immediately collects the money and the lessor needs to run after him to straighten things out. Beware and choose a reputable company with whom to conduct business.

Assigning powers:
For various reasons the visitor to Turkey might be requested to assign powers. Points that need attention are:
Term: make sure that it is done for a limited period for whatever Cause -it is safer and practical to renew it if need be than powers wondering around.
Content: try to avoid re-assigning and transferring powers; the exact reason and aim should be mentioned.

Interruption of Residence Period
Being abroad for period of maximum 6 months shall not be deemed as an interruption in the calculation of 5 years. That means the time spent abroad no more than 6 months shall not be added to the time of residence in Turkey. The foreigner may leave the country for a period of 6 months at most at one time. This time spent abroad shall not interrupt the ongoing 5- year-residence period and will not be taken into consideration in the calculation of 5 year-residence periods. That means, this time spent abroad shall be deducted from the total residence period in Turkey
In cases of interruptions caused by forces major such as medical treatments and education, the residence period shall not be deemed as interrupted even if the time spent abroad exceeds 6 months.
For the foreigners who unlawfully entered Turkey and who is residing in Turkey against the Law (of Voyages and Residence of foreigners In Turkey), the time spent residing in Turkey shall not be taken into consideration regarding the acceptance to the Turkish citizenship
Foreigners who reside in Turkey in accordance with the Turkish Laws but have no residence in accordance with the Turkish Civil Code.

There is no condition as resigning from the other citizenship for the wife who has married a Turkish citizen.

Therefore, the Turkish Laws allow the wife to hold both of the citizenships implicitly.

Although some of the legal procedures can be easily done by yourself, such as getting work permit or marriage, you may sometimes need the advise of a lawyer for more complicated procedures or for private reasons. You can find English-speaking lawyers listed in our yellow pages in case you need help.

Anyone who retains an attorney in Turkey should contract with the lawyer for the specific services the client wishes performed, fees, and special instructions. Any and all instructions to the lawyer should be made in writing to avoid confusion and conflict. Even with a written contract, an attorney is not necessarily bound to his/her client’s instruction.

Fees are determined by the lawyer or his/her firm, although a potential client may bargain. Fees are subject to scant legal regulation and, have no upper limit. The fee will depend on variable factors including (but by no means limited to) the lawyer’s reputation, experience, knowledge, specialization, and (especially important to non-Turks) foreign language abilities. Also considered is the client’s ability to pay the complexity and sensitivity of the case, the client’s nationality, and how much similar litigation might cost in the client’s home country.

An attorney is legally obliged to serve the best interests of his/her client. The client and the attorney, however, may not necessarily agree on what these interests are and how they should be served. While the client may provide direction to the attorney, the attorney is not obligated to follow those instructions. The attorney, in effect, has the right to decide what is in the best interest of his/her client, even if the client thinks otherwise. In a criminal case, for example an attorney is obligated by law to pursue his client’s defense to its conclusion, pursuing all avenues of appeal up to and including the Supreme Court.

While under most circumstances a client would appreciate this doggedness on his behalf, there are occasions when a client might not wish to have his verdict appealed. If, for example, an American citizen convicted of a crime in Turkey wishes to apply to be transferred to serve his sentence in the United States (as he may do under treaty), his application will not be entertained while his case is still “open”, that is, under appeal. If a client does not wish further appeals of a verdict or a conviction, he must specifically inform his attorney in writing. Without this written instruction, the attorney could be open to a lawsuit from his client and disciplinary action by the Bar Association for failure to fulfill his responsibility to appeal on his/her client’s behalf.

Even if a client requests specifically that his attorney not lodge an appeal, the attorney may after consultation with the prosecutor, still proceed with the appeals process in “extenuating circumstances”, most notably if the attorney suspects that his client is being coerced into dropping an appeal. The attorney should (but is not required to) inform his client of this action.

Hanging or firing an attorney has a procedure as well. It is almost impossible to dismiss an attorney in the thick of a case, no matter how dissatisfied the client might be. In a criminal case a client cannot dismiss his attorney until all avenues of appeal have been exhausted. Only then may a client dismiss his attorney, and it must be in writing.

The lawyer’s fee is guaranteed and must be paid regardless of the circumstances of dismissal. It cannot be used as a lever to get the lawyer to obey his/her client, nor can the fee be withheld as a “punishment” for failure to do so. Withholding an attorney’s retainer or other fees is grounds for legal prosecution.

A client’s files are the property of his attorney. The attorney may show his/her client certain items in his file, but is not required to do so, and if the client hires a new lawyer, the new attorney may not necessarily have access to his/her client’s prior case file.

For a fee, individuals may lodge written complaints about lawyers with the Bar Association. The Bar’s board of directors reviews complaints and forwards those meriting investigation to a disciplinary committee. If this panel determines that a lawyer has engaged in unethical, improper, or illegal behavior, the board can mete punishment in the form of a cash fine, suspension from practice, and/or temporary or permanent expulsion from the Bar.

For further information, we suggest you to contact İstanbul and Ankara Bar Association of which web sites are given below.

With regard to death, the most important document is the "death certificate". This is issued at the hospital by the responsible physician. In case of death at home, immediate notification of a physician is mandatory. Cremation is not allowed in Turkey.

In the case of a Christian's death the individual religious affiliation "nüfus" (census) registration or baptism certificate is decisive.

In general only Muslims are buried in Islamic cemeteries. But in case of bi-national families there may be a possibility for the family of the deceased to obtain permission to bury the loved-one within the Islamic burial site. The preparation of the funeral is done according to Islamic rites. It is not permitted to put a cross on the grave.

In Istanbul all members of the Reformed Churches belong to the Protestant Cemetery in Feriköy. Burial sites are being distributed by the Consulate General. Part of the Feriköy cemetery grounds have been assigned to the Roman Catholic Church.

Tayyareci Fehmi Sokak 3/1, Pangaltı
Tel: (212) 219 22 83

Responsible representative for the Catholic Church: Monsignor Georges Maravitch Tel: (212) 248 07 97

The formalities for a Christian burial are essentially the same as for an Islamic one. Normally the authorities show understanding for the wishes of Christian families as far as possible. Islamic burials normally take place within 24 hours, but a Christian burial may well be postponed by a few days.

According to the relevant regulations of the Republic of Turkey, those who wish to prepare documentary films related to scientific research, observations as well as archeological excavations within Turkey should obtain prior permission from the Turkish authorities. If the nature of the film is within this context, one should contact the Turkish Embassy within their country. The information listed below should be provided to the Turkish Embassy in order that they may forward such information to the relevant authorities in Turkey.

- Names, occupations and passport numbers of the filming crew
- Name of the airport the crew will arrive at and envisaged date of arrival in turkey
- Detailed list of technical equipment to be used by the crew
- Short synopsis of the film.

According to Turkish Marriage Legislation and regulations, a Turkish national and a foreigner or two foreigners with different nationalities can get married in Turkey, only before competent Turkish Authorities.
Two foreigners from the same nationality can marry either in the offices of their own Country's Embassy or Consulate or before the Turkish authorities.

All the marriages that are conducted by the Turkish authorities are regulated according to the merits and procedural provisions of the Turkish Civil Code and its related regulations.

Whether they are Turkish citizens or foreigners, the relevant Turkish authorities will conduct their marriage only if the petitioners can provide a marriage license which has been issued by the proper Civil Status Register in his or her own Country.

In light of this information it is obvious that married couples cannot again be married in Turkey under the Turkish law.

The foreigners who reside in Turkey as provided in the Turkish Civil Law
According to Turkish Citizenship Law, marrying a foreigner does not influence the citizenship of the husband. A foreign wife marrying a Turkish husband has the right to choose her own citizenship. But in some exceptions, such as "having no citizenship", the foreigner automatically shall gain Turkish citizenship due to the principle of "having at least one citizenship". Foreign women married to Turkish men are not required to give up their other citizenship.Turkish Laws allow the wife to hold both citizenships implicitly.

There is an exceptional way of obtaining Turkish Citizenship in which all conditions of acceptance to citizenship are essential except the 5-years-residence period and the confirmation of will by behavior. In this kind of acceptance, the conditions of residence in Turkey for five years and the intention of settlement in Turkey shall not be necessary. This right has been given to:

The children of full age of those who have lost Turkish Citizenship.
Those who have married Turkish citizens and have children who have reached two years of age.
Those that are of Turkish origin and their wives/husbands and children of full age.
Those who have settled in Turkey with the intention of living in Turkey.
Those that are thought to import into Turkey new developments in social, economics, science, technology and art matters.
Those whose acceptances are deemed essential by “The Cabinet”.

Eligibility for citizenship is conditional upon the validity of the marriage. If one of the couple is already married at the time of the new marriage contract or is not mentally healthy or capable of understanding, the marriage is deemed null and void. Null and void marriages can be cancelled by a court decree. At the end of such a case, the wife may either lose or keep her citizenship, depending on her "good will" which means whether or not she was aware of the "cause" that would prevent the validity of the marriage with the husband.

If the marriage occurs before foreign authorities, which have the authority for marrying, the notice should be done to the Turkish registration authorities and The Ministry of Interior Affairs shall also be informed.The wife should make the citizenship claim, herself. The authority, which has received the claim that is made in accordance with the procedure, shall forward this claim to the security authorities and Census Directorate (Nüfus Müdürlüğü).

On Entry
The following items may be brought into the country duty free
- Personal effects of the tourist.
- One TV, one color pocket TV (maximum 16 cm screen), one TV-tape-radio combination, one video recording camera and 5 video cassettes (blank); 5 records, 5 tape cassettes or compact discs.
- One video player, cine-projector (8 mm) and 10 rolls of film (blank), one slide projector.
- One pocket computer (maximum main memory capacity Ram 128k. Byte), electronic playing devices (without cassette - keyboard).
- One transistor radio and portable radio-tape player (its specification to be determined by the Ministry of Finance and Customs), one Walkman or pocket tape recorder, one portable compact disc player.
- Binoculars (one pair, except night binoculars)
- Harmonica, mandolin, flageolet, flute, guitar, and accordion (only one of each type, maximum 3 musical instruments).
- Personal sports equipment.
- Necessary medical items.
- Bicycle, baby buggy, toys.
- 200 cigarettes and 50 cigars.
- 200 grams of tobacco and 200 cigarette papers, or 50 grams of chewing tobacco or 200 grams of pipe tobacco, or 200 grams of snuff
(In addition to the above allowances, it is possible to purchase 400 cigarettes, 100 cigars, and 500 grams of pipe tobacco from the Turkish Duty Free Shops upon entering the country).
- 1.5kg. coffee, 1.5kg. instant coffee, 500 grams of tea.
- 1 kilo chocolate and 1 kg sweets.
- 5 (100 cc) or 7 (70 cc) bottles of wines and/or spirits.
- Five bottles of perfume (120 ml max. each).
- One portable typewriter.
- One camera with 5 rolls of film.
- First aid, and spare parts for the car.
- Other items necessary during the journey.
- Valuable items and all items with a value of over $ 15,000 must be registered in the owner's passport upon entering Turkey, for control upon exit.
- Antiques brought into the country must be registered in the owner's passport to avoid difficulties on exit.
- Sharp devices (including camping knives) and weapons may not be brought into the country without special permission.
- The bringing into the country, trade, and consumption of marijuana and all other narcotics is strictly forbidden and subject to heavy punishment.
- Gifts, not exceeding 500 DM in value and not for trading purposes, may be brought into the country duty free. In addition, gifts not exceeding 500 OM in value may be posted to Turkey duty free, if the date stamped by the sending post office falls one month before, or one month after the following holidays: Şeker Bayramı, Kurban Bayramı, Christmas, and New Year's.
Note: A certification form showing ownership must accompany Cellular Telephones entering the country. Ownership must be documented in the passport of the owner and will be checked on entry and exit.
For more information contact the Ministry of Transportation, General Directorate at Tel: (312) 212 35 72 - 212 60 10 (10 lines), Fax: (312) 221 32 26 or write to Ulastırma Bakanlığı Telsiz Genel Müdürlüğü, Emek - Ankara.
On exit
- Gifts and souvenirs: for a new carpet, a proof of purchase; for old items, a certificate from a directorate of a museum is necessary.
- Exporting antiques from Turkey is forbidden.
- Valuable personal items can only be taken out of the country providing they have been registered in the owner's passport upon entry, or providing they can show they have been purchased with legally exchanged currency.
- Minerals may only be exported from the country with a special document obtained from the;
MTA Maden Tetkik Araştırma Genel Müdürlüğü
(General Directorate of Mining Exploration and Research)
Etüdler Dairesi 06520, Ankara
Tel: (312) 287 34 30/1622, Fax: (312) 287 91 88

Tax Refund
You can receive a Tax Refund for the goods you purchased in Turkey.
- Refunds will be made to travelers who do not reside in Turkey.
- All goods (including food and drinks) are included in the refunds with the exclusion of services rendered.
- The minimum amount of purchase that qualifies for refund is 5.000.000 TL.
- Retailers that qualify for tax refunds must be "authorized for refund." These retailers must display a permit received from their respective tax office.
- The retailer will make four copies of the receipt for your refund, three of which will be received by the purchaser. If photocopies of the receipt are received the retailer must sign and stamp the copies to validate them. If you prefer the refund to be made by check, a Tax-free Shopping Check for the amount to be refunded to the customer must be given along with the receipt.
- For the purchaser to benefit from this exemption he must leave the country within three months with the goods purchased showing them to Turkish customs officials along with the appropriate receipts and! Or check.
- There are four ways to receive your refund:
- If the retailer gives you a check it can be cashed at a bank in the customs area at the airport. If it is not possible to cash the check upon departure or if you do not wish to cash it then, the customer must, within one month, send a copy of the receipt showing that the goods have left the country to the retailer who will, within ten days upon receiving the receipt, send a bank transfer to the purchaser's hank or address.
- If the certified receipt and check are brought back to the retailer on a subsequent visit thin one-month of the date of customs certification, the refund can be made directly to the purchaser.
- Retailers may directly refund the amount to trustworthy customers upon purchase
- The refund may be made by the organization of those companies that are authorized to make tax refunds.
Additional information:
Maliye Bakanlığı, Gelirler Genel Müdürlügü KDV Şubesi
(Ministry of Finance and Tax Dept. General Directorate, VAT Branch) 06100, Ulus - Ankara
Tel: (312) 310 38 80/725 - 728 - 735, Fax: (312) 311 45 10

Health Regulations for Animals on Entry
For those who wish to bring domestic animals into the country the following are required
- A 'Certificate of Origin' giving the health record of the animal.
- A 'Certificate of Health', issued not more than 15 days before the animal's entry into the country, stating that the animal is in good health and that it has been vaccinated against rabies.
Note: If you have an official certificate, you may bring one cat, one bird, one dog and 10 aquarium fish into the country.
Health Regulations for Animals on Exit
If you wish to take your pet with you when leaving Turkey there are some legal procedures you should bear in mind. First check with the consulates of your transit and final destination countries for their regulation regarding pets then;
- Apply to the Mayor Office (Belediye) of your home district. And ask for "Menşe Belgesi" (certificate of origin). This document officially certified that no rabies and epidemic diseases seen at your area.
- Buy "Damga Pulu" (stamp duty) of 1.950.000 TL,
- 2 days prior to your trip, you should apply to "Gümrük Veteriner Müdürlüğü" (Customs Veterinary Directorate) with "Menşe Belgesi", "Damga Pulu", vaccination card and your pet.
Gümrük Veteriner Müdürlüğü, (Customs Veterinary Directorate)Florya
Tel: (212) 663 60 38

Motorist Rules
General: Those who wish to enter the country with their vans, minibuses, automobiles, station wagons, bicycles, motorcycles, motorbikes, sidecars, buses, motor coaches, trailers, caravans or other transport vehicles, will have to provide the following documentation
- Passport.
- International driving license.
- Car license (document where all details related to the car and the owner's name are registered). If it is somebody else's vehicle a power of attorney should be provided.
- International green card (Insurance card). The TR sign should be visible.
- Transit book "Carnet de passage" (for those who want to proceed to the Middle East).
Period: The vehicle can be brought into Turkey for up to 6 Months. The owner should declare on the opposite form, the date of departure at the border gate and should absolutely leave the country at the date declared. If for any important reason the staying period has to be ended, it is necessary to apply to;
Türkiye Turing ve Otomobil Kurumu
(The Turkish Touring and Automobile Club)
1. Sanayi Sitesi Yanı, 4.Levent, Istanbul,
Tel (212) 282 81 40(7 lines). Fax (212) 282 80 42, or to
Gümrükler Genel Müdürlüğü
(The General Directorate of Customs )
(), Ulus Ankara
Tel (312) 310 38 80,310 38 18, Fax (312) 311 13 46,
before the end of the period declared.

In Case of Accident: The accident should be reported to the police or gendarme. That report has to be certified by the nearest local authority. The owner should apply to the customs authority with his passport and report.
If the vehicle can be repaired, it is necessary to inform the customs authority first and take the vehicle to a garage. If the vehicle is not repairable and if the owner wishes to leave the country without his vehicle, he has to deliver it to the nearest customs office, and the registration of his vehicle on his passport will be cancelled. (Only after the cancellation can the owner of the vehicle leave the country.)
Following an accident, you can telephone:
- Trafik Polisi (Traffic Police), Tel :154,
- Jandarma (Gendarme), Tel :156.
For more information, contact the Turkish Touring and Automobile Club

Formalities for Private Yacht Owners
Yachts require a Transit Log and may remain in Turkish waters for up to two years maintenance or for wintering. There are certain ports licensed by the Ministry of Tourism the storage of yachts for a period of two to five years. For further information and regulations contact the marina concerned.
Upon arriving in Turkish waters, yachts should immediately go for control of the ship to the nearest port of entry which are as follows: Iskenderun, Botaş (Adana), Mersin, Tasucu, Anamur, Alanya, Antalya, Kemer, Finike, Kas, Fethiye, Marmaris, Datça, Bodrum, Güllük Didim, Kuşadası, Çesme, Izmir, Dikili, Ayvalık, Akçay, Çanakkale, Bandırma, Tekirdağ, Istanbul, Zonguldak, Sinop, Samsun, Ordu, Giresun, Trabzon, Rize, Hopa.
Port Formalities: All the required information concerning the yacht, yachtsmen, members, intended route, passports, customs declarations, health clearance, and any obligatory matters must be entered in the Transit Log. The Transit Log is to he completed by the captain of a yacht under a foreign flag or amateur sailor acting as captain of the vessel.
The Transit Log is completed upon first entering a Turkish port and, generally, it is necessary to contact the Harbor Authority before leaving. For information on tax-free fuel, contact the Marina Harbor Office.
Note: If you have a certificate from the Ministry of Tourism, Yacht Harbor, you may take petrol at no charge, provided you possess an official marina license.

Formalities for Private Plane Owners
General: When coming to Turkey, international air routes should be followed. Private planes may stay for up to three months in Turkey with tourist status, but for longer periods permission should be obtained from;
Gümrükler Genel Müdürlüğü
(The General Directorate of Customs) Ulus Ankara
Tel: (312) 310 38 80, 310 38 18,Fax: (312) 311 1346
The airports of Ankara, Adana, Istanbul, Izmir, Antalya, Trabzon and Dalaman have ties for private planes. It is also possible to hire planes and helicopters in Turkey.
For further information, apply to;
Ulastırma Bakanlığı, Havacılık Genel Müdürlüğü
(The Civil Aviation Department of the Ministry of Transport)
Bosna-Hersek Cad., No: 5 - 06338 - Emek, Ankara
Tel: (312) 212 67 30, Fax: (312) 212 46 84, TIx : 44659 Ga-tr.

Turkish Civil Law has no statement on sharing the movables and immovable. In case of divorce, please note that the immovable items (house, car, etc.) are under the ownership of the party on which said items are registered. Movable objects (furniture, refrigerator, TV etc) belong to the party "who got them first". It may sound like high jacking but unfortunately this is the reality.

Waiting period: Married women whose marriages have been dissolved cannot marry before the expiration of three hundred (300) days from the date of dissolution. The divorce decree may also state a waiting period within which the guilty spouse may not remarry.

Retirement pay is quite low in Turkey and is based according to Turkey's income level, with the exception of retired officials. Retirees are paid once every month except for retired officials who receive their payments in 3-month installments.

Don't be surprised if you meet very long queues in front of some banks on certain days of the month; it's pay time for the retired. Retired officials are paid in the first few days of the month; others are paid in the 3rd week of the month. Therefore, if you are dealing with banks which pay retired salaries, we suggest you avoid conducting your banking on those particular days.

Those who have retired abroad may ask for their payment to be transferred abroad.

There is a lot of paperwork to be done before you start working in Turkey.

Work Permits are either obtained from the Ministry of Labor and Social Security (Çalışma ve Sosyal Güvenlik Bakanlığı) or from the Consulates of Turkish Republic abroad.

To receive the permission from the Ministry of Labor and Social Security, additional documents are requested. The applicant is given a two-paged document that includes the requested information. The information may be given on a separate page either typed or printed by a computer.

The declaration form requests the following information :
Name of employing company; title; head office address; whether capital is foreign or not; the address the foreigner is going to work at, the type of business the company is involved in; capital information; previous year exportation in dollars; date of establishment; recorded and paid share capital; the total number of Turkish personnel working in the Company and the name, nationality and the position the foreigner has taken part in previous companies.

In addition, the following personal information is required of the person requesting the work permit:
Passport number; name and surname; name of father and mother; date and place of birth; marital status and nationality of the wife/husband, if married.
If a previous work permit had been issued, then the following information is also required: details of the issuing authority and the date and number of previous permit documents; name of previous company; the term of employment that the foreigner worked in that company, the position he/she held and the reason of severance (non-employment, leaving, separating etc.).

With regard to education, the following information is required:
The applicants' educational status
The names and locations of recent schools the applicant graduated from; and the area of specialization.

At the end of the declaration form, there is a date, which should be filled in. The employer and the foreign employee should put signatures at the bottom and the employer a cache in addition certifying that the information given by them is true.

The following additional documents must also be attached to the declaration form:
Passport copies that are either certified by a notary public or the applicant's Consulate.
Copies of investment incentive certificates and exportation incentive certificates certified by the Foreign Capital Directorate; the activity report of the last(previous) year and the income/outcome table and balance sheet certified by the related tax directorate;
Bank letter supporting the last year exportation if the company is an exporting company,
Other documents such as a photocopy of the permit document if a previous permit exists, letters of recommendation, diploma, etc.
The declaration form can be provided from the offical website of Ministry of Labor and Social Security, which is given below.

Following the foundation of the Turkish Republic, reforms were undertaken in education. Under the law for the unification of education, which was ratified in 1924, all schools were annexed to the Ministry of Education. The Ministry of Education was charged with the task of implementing a contemporary mode of education training for Turkish citizens by opening primary and secondary schools and other institutes and arranging courses within the framework of the educational policies decided upon. Today the Ministry also meets the requirements of these institutions in the ways of teachers and administrators and draws up the respective rules, regulations. It also arranges educational high schools for children of school age who are needy or require special care.

The goal of the Turkish national education system could be summed up as being one where all individuals of the state are gathered together as an inseparable whole, united in national consciousness and thinking, trained to think along scientific lines with intellectually broadened views on world affairs, and to be productive happy individuals, who through their skills contribute to the prosperity of society and are instrumental in making the Turkish nation a creative and distinguished member of the modern world.

Official Language: Turkish
Alphabet: Latin alphabet, since 1928
Academic year: September through May/June
Duration of Schooling: 8 plus 4
Compulsory Schooling: 8 years (ages 6-14)

Who adopt the values of the Turkish nation
Who know the duties and responsibilities to their country and have made them a part of their behavior,
Who can produce knowledge, utilize the knowledge and technology produced
Who are democratic citizens and respect human rights

Furthermore, the objective of the National Education System also includes preparing them for the future by preparing them for a profession that will contribute to the happiness of themselves and the society.

The Principles of the Turkish National Education:
According to the Constitution governing the Republic no one shall be deprived of the right to learn or the right to education. Furthermore, primary education is compulsory and free in state schools. Except in specially licensed institutions Turkish must be taught as the mother tongue and religious instruction is a compulsory subject in the primary and secondary school curriculum.
The Following are the constitutional principles underlining the Turkish Educational system:
1. Universality and equality
2. Fulfillment of individual and social needs
3. Freedom of choice
4. Right to education
5. Quality of opportunity
6. Education for all throughout life
7. Adherence to Atatürk's Reform principles including secularism
8. Building of democracy
9. Scientific approach
10. Co-education
11. School parent cooperation.
12.The Structure of the Turkish National Education System

Formal Education
Pre-School (0-6) Kindergarten
In Turkey, preschool education, which is optional and considered an adjunct to the public education system rather than an integral part of it, includes the education of children in the 3-5 years of age group. Preschool education is given in kindergartens, preparatory classrooms, application classrooms, day nurseries, nursery schools, day-care homes, and child care homes by various ministries and institutions, but mostly by the Ministry of National Education. The children can benefit from these institutions on a full or half day basis. Families pay a certain amount to have their children benefit from preschool education. Most kindergartens are privately operated and some are attached to the state primary schools. They are concentrated in the larger towns and cities, where they meet a need arising from the rapidly increasing number of working mothers.
The goal of preschool education is to help children develop physically, mentally and individually, and develop their ability to use language and prepare them for primary school.

Primary School (6-14), Public School, Private Schools, Special Education Schools
8 years of primary education is compulsory for every child and begins as soon as they reach the age of six and includes the education and training of children in the 6-14 years of age group. Uninterrupted education is carried out in these schools and the students who graduate are given a primary education diploma. The fact that primary education is compulsory for all male and female citizens and it is free of charge in the State schools is guaranteed in the Constitution, Basic Law for National Education and the Law for Primary Education and Training. Furthermore, besides the State schools, there are also many private primary education schools providing students educational services in return for a tuition fee. In State schools students dress similarly in a type of uniform. Children who fail to reach the required standard at the end of any year may repeat it.
The objective of primary education is to provide children with the required basic knowledge, ability, behavior and habits for them to become good citizens and to prepare them for life and further education according to their interests and abilities. Furthermore, in the second semester of the final year of primary education the students are informed by counselor of the subjects of the schools, high schools and various choices of occupation.

High schools (14-18)
The objective of high school education is to provide the students with a common general culture, to prepare them to take responsibility within the democratic society, to make them respectful of human rights and to prepare them for higher education or business life in the direction of their interests, abilities and capabilities with a consciousness for contributing to the socioeconomic and cultural development of the country,

General High schools
Highschools are mostly owned by the government and provide free educational opportunities. Graduates of these high schools can attend universities after the university entrance examination. The centralized examination is administrated by the Supreme Council of Higher Education. It is used to determine which candidates are eligible for enrollment in which university and faculty. Additionally, students are evaluated based on the grades of related subjects, their high school results and their preferences according to the student capacity of each faculty.

Science High schools
Science high schools were established with the aim of providing education to exceptionally gifted mathematics and science students; providing a source for the training of high-level scientists, in order to meet the needs of nation; encouraging students to engage in research activities; providing facilities for students interested in working on inventions and discoveries; serving as laboratory for procedures to be implemented in the science and mathematics programs of other secondary schools.
These schools offer a four-year program with a curriculum that emphasizes science and mathematics. The schools in accordance with regulations are boarding schools. The language of instruction is Turkish. Entrance to science high schools generally requires the highest scores on entering exams.
With the aim of organizing, coordinating, supervising, and evaluating guidance, psychological counseling and special education services at educational institutions, a special education guidance and counseling services unit has been established in each province. Each unit is administered by an assistant provincial director or section head attached to a provincial directorate of national education.

Anatolian High Schools
These selective institutions were established for the purpose of teaching students at least one foreign language, which they can utilize to further their education in the best possible manner. The educational period covers 4 years with a one-year preparatory course (2 year prep course for French). Aside from foreign language lessons the normal high school includes science and mathematics lessons given in English or French.
Graduates are generally very successful in the university entrance exams. The demand for places in Anatolian high schools is high and admission is through a very competitive entrance examination. By the year 2002, the middle school sections of these high schools will have been progressively phased out.

Anatolian Fine Arts High Schools
These schools have been opened for children to develop special talents and to preserve cultural, artistic and national values. Tuition duration is four years, including a one-year preparatory course.

Foreign Language High Schools
Foreign Language High Schools were established with the aim of preparing high achieving students for higher education programs which correspond to their interests, abilities, and level of achievement; providing more effective foreign language teaching; raising the level of general secondary education; providing more extensive foreign language instruction.
The period of study at these schools is 4 years, with the first year being devoted to an intensive foreign language preparatory program.

Special Training Schools
The special training services in Turkey are carried out in special training schools established according to disability groups. Today special training services are provided for children and youth in five different disability groups, including blindness, deafness, orthopedic disabilities, mental retardation and long-term illnesses. The objective of special training is to meet the educational needs of individuals who need special training, to integrate them into society and provide them with a vocation. The students who need special training are also provided with the opportunity to receive education at the regular schools together with the students of their own age. An attempt is being made to implement called "combining".
These schools were also established for those of high intelligence to enable them to become useful members of the community and attain a profession. Education is free in these schools, they provide day classe, boarding and lodgings.

Schools for the Blind: These schools offer educational opportunities to those children whose vision is lower than 1/10 for both eyes and who are termed blind, and for those whose vision for both eyes is seriously impaired (between 1/10 and 1/30).

Schools for the Deaf : These schools offer educational opportunities to those children who, notwithstanding all the measures taken, have a loss of hearing of more than 70 decibels and who are classified as very deaf and for those children whose loss of hearing is between 25-70 decibels and who are classified as "hard of hearing". The educational period in the primary school section is six years. Some of these centers have a secondary school section and a kindergarten.

School for the Orthopedic Handicapped : This school offers educational opportunities to those children who notwithstanding all the measures taken are not able to follow a normal course of education because of the deformations of their bodies. The school is in Ankara and consists of a primary school, a handicrafts secondary school and a vocational high school.

School for Retarded Children : This school is for children with an I.Q. between 25-44, and they are trained so that they are able to look after their own personal needs.

Schools for Retarded Children Who Can Be Trained: This is a school for children with an I.Q. that is between 45-75.

Private Educational Institutions
These educational institutions are composed of every stage and type of schools opened in accordance with Law No. 625 and private classrooms and courses. These institutions continue their activities under the supervision and surveillance of the Ministry of National Education. When the dimensions of educational activities are taken into consideration, it appears that it will be beneficial for some of the educational services to be carried out by the private sector. The share of private schools in general education today is 1.5 percent. Extensive opportunities are provided for students in fee-paying private schools, particularly in foreign language education computer education.

Academic Calendar: The academic year generally begins in mid September or early October and extends through to May or early June, with some variations between urban and rural areas. The school day comprised of a morning and an afternoon session except in overcrowded schools, where a split session may be required. Schools are in session for five days a week. There is also a two-week winter break in February.
Universities and colleges usually organize the academic year into two semesters, the first extending from October to January, and the second from February/March to June/July.

The Higher Education System
All universities and institutitons of higher education are connected to the Higher Education Council (YÖK) established by Law No. 2547 dated 6 November 1981. YÖK is an autonomous organization having a public juristic personality within the framework of the duties and authorities given by the Higher Education Law, which regulates higher education and directs the activities of the higher education institutions. YÖK prepares short and long-term plans to establish and develop higher education institutions and to educate in Turkey or abroad the teaching staff required and monitors the application. Furthermore, it provides for cooperation and coordination among the higher education institutions. The Higher Education Supervisory Board, ÖSYM and other related units for planning, namely research, development, evaluation, budget, investment and coordination are connected to YÖK.
The Minister of National Education represents higher education in the Parliament and can chair the meetings of the Council but has no vote. Neither decisions of the Council nor those of the universities are subject to ratification by the Ministry.
Higher education is defined as all post-secondary programs with a duration of at least two years. The system consists of universities (53 state and 19 private) and non-university institutions of higher education (police and military academies and colleges).
Each university consists of faculties and four-year schools, offering bachelor's level programs, the latter with a vocational emphasis, and two-year vocational schools offering pre-bachelor's (associate's) level programs of a strictly vocational nature.
Anadolu University in Eskisehir offers two-and year programs through distance education. This program has been greatly expanded in recent years, although entry remains competitive. Students use printed materials, and the university also broadcasts lectures on television and contact hours are available.
Graduate-level programs consist of master and doctoral programs, coordinated by institutes for graduate studies. Medical specialty training programs equivalent to doctoral level programs are, carried out within the faculties of medicine and the training hospitals owned by the Ministry of Health (Sağlık Bakanlığı) and the Social Insurance Organization (Sosyal Sigortalar Kurumu, SSK).
Universities, faculties, institutions and four-year schools are founded by law, while two-year vocational schools and departments are established by the Council of Higher Education. Likewise, the opening of a degree program at any level is subject to ratification by the Council.
A special examination is held once a year for foreign students by the same organization. As the examination papers are in both Turkish and English, knowledge of Turkish is not necessary. Those who pass the exams, and have only a little knowledge of Turkish, are considered to be on leave for a period of one year to gain proficiency in the Turkish language. Turkish language courses for foreigners are given by the Turkish Teaching Centre (TÖMER) of Ankara University. There are also Turkish language courses in Istanbul and Izmir at various universities.

Check whether the price announced on the goods contains VAT. It is better if you see the label Fiyatlarımıza KDV Dahildir which means, "VAT is included in our prices".

Your employer deducts Turkish income tax (Gelir Vergisi) from your salary. With regard to your home country's income tax laws, consult your Consulate for rules and regulations.

If you have your own business it is strongly recommended to have advice from a financial auditor.

Other taxes to be paid include:
Car tax (Taşıt Vergisi) paid in two installments: January and July.
Property tax (Emlak Vergisi) should be paid in two installments: May and November.

Constitutional movements during the Ottoman period commenced towards the end of the 18th century. During the period of the 1789-1808, Sultan Selim the Third envisaged the formation of an advisory assembly, called the Meclis-i Meshveret, within the context of the New System (called the Nizam-i Cedid) that he wanted to have set up, which is seen as a major step towards a constitutional government system.

The "Sened-i Ittifak", or Charter of Alliance, is seen as the first important document from the point of view of a constitutional order. Whilst the 1808 charter restricted the Sultan's exercise of power, it also delegated some authorities to a senate body, called the Ayan. The charter is a significant document as it was also recognized by the Sultan.

The Tanzimat Reform era commenced with the issue of the decree entitled "Gulhane Hatt-i Humayun" in 1839. The subjects of the Ottoman Padishah were assured that their basic rights would be respected.

The documents is especially significant for its recognition of equal rights in education and in government administration for those of Christian persuasion, exemplifying egalitarian principles. The 1875 document entitled the Ferman-i Adalet, or the Imperial Edict on Justice, provided for independence of the judicial courts and ensured the safety of judges.

The most important step along the road to the rule of law was made with the introduction of the 1876 Kanun-i Esasiye, or Constitution, which also started the period known as the First Meshrutiyet, or First Constitutional Period. The basic concept in the 1876 constitution is that, although somewhat restrictive in the exercise of powers, it nevertheless, for the first time, recognized a parliamentary system. This constitution has provisions covering basic rights and privileges, the independence of courts and the safety of judges, among other aspects.

After the 1876 Constitution had been in effect for one year, the Second Meshrutiyet period laid the foundations of a parliamentary system by adopting the 1876 Constitution with some amendments made thereto.

When the Turkish Grand National Assembly congregated on April 23, 1920, this in itself marked a unique and important change in the exercise of sovereignty.

During the Ottoman reign, the workings of Parliament were to an extent, the use by delegation of the powers of the ruler in the legislative process. Whereas, in the case of the workings of the Turkish Grand National Assembly, all authority was vested in Parliament itself.

The Constitution of January 20, 1921 is called the "Constitution Law", and when compared with the Ottoman legal system contains a radically new concept. According to this concept, whilst the power to legislate belongs to parliament, the executive powers can only be exercised by an "executive council" to be elected by majority vote from among the members of Parliament.

According to this "Law of Constitution", differences of opinion and disagreements between ministers are to be resolved in Parliament. In addition to this, the changing of ministers is also counted among the powers of Parliament. The name of the government during the course of the war of independence was the "Government of the Grand National Assembly" and the name of the regular army "The Army of the Grand National Assembly". On the other hand, the government itself was vested with the power to dissolve Parliament or to "renew the election of the Assembly".

In this system, which did not have a "Head of State", the members of Independence Tribunals were also elected from among the members of the Assembly.

An important step was taken to establish a Council of Ministers with more freedom of movement when a motion that the form of the state should be "Republic" was enacted on October 29, 1923; the President of the Republic was to be elected from among the members of the Assembly for one term of office. According to law, the President would select the Prime Minister from among the members of the Parliament. In turn the Prime Minister would select the other Ministers from among the members of Parliament and, finally, the President would submit the whole of the Council of Ministers for the approval of Parliament.

The 1924 Constitution provided for the continuation of the system of parliamentary governments. Powers of both legislation and execution were held by Parliament. Whilst Parliament had the right to monitor and if necessary to bring down the Government, neither the President nor the Government could dissolve Parliament.

Although under the provisions of the 1924 Constitution, executive powers could only be exercised by the President or the Council of Ministers, the 1924 Constitution, contained elements of both the parliamentary system and governmental executive powers. In this manner, whilst Parliament directly exercised legislative powers, a separation of powers did exist in view of the exercise of executive power. Furthermore, the principle of collective responsibility of the Council of Ministers to Parliament and the concept of the President not being vested with political responsibility are embodied in the 1924 Constitution.

The judicial and executive powers are clearly separated. Independent courts exercise judiciary powers on behalf of the nation.

The 1924 Constitution was amended in 1937, the six main principles of the Republican Peoples' Party programme, republicanism, nationalism, populism, statism, secularism, and reformism, also being enshrined in the Constitution itself as basic qualities of the state.

The 1924 Constitution represented a mixed system somewhere between parliamentary governments and a parliamentary model. The 1961 constitution brought about further developments in the parliamentary system.

The Legislature was a bi-cameral Parliament. One chamber was the National Assembly consisting of 450 deputies elected by universal suffrage. The other was the Republican Senate, composed of 150 Senators elected by universal suffrage, as well as fifteen Senators who were appointed by the President, in additional to which the members of the National Unity Committee and former Presidents of the Republic are lifetime Senators. In the functioning of the legislative process, the National Assembly has final say over the two houses.

In the exercise of executive power, the President symbolically represents the unity and integrity of the State, and the Prime Minister and other Ministers make up the Council of Ministers, who bear political responsibility in the use of this power.

The Prime Minister is appointed by the President from among the members of the Turkish Grand National Assembly. The Ministers are appointed by the Prime Minister and presented to the President for his ratification.

The 1961 Constitution fully separated the judiciary from the executive and the legislature, thereby clearly operating the separation of powers principle. In this system, details regarding the security of judges as well as matters related to full freedom and independence of the courts and the positions of the judges were turned over to the "High Commission for Judges", whose members were elected from among the judges of the Supreme Court.

Furthermore, the concept of the "Constitutional Court" was first introduced with the 1961 Constitution.

Whilst the 1982 Constitution continued the basic structure of the 1961 Constitution, it nevertheless made significant changes in several areas.

The Republican Senate was abolished in the 1982 Constitution.

According to the Constitution, unconditional and unrestricted sovereignty is vested in the nation. The people exercise their sovereignty directly through elections, and indirectly through the authorized organs within the framework of the principles laid down in the Constitution. The legislative, executive and judiciary are the organs which use sovereignty. The legislative power is vested in the Turkish Grand National Assembly (TGNA) and cannot be delegated. Executive power and functions are exercised and carried out by the President of the Republic and the Council of Ministers, in conformity with the Constitution and the laws. Judicial power is exercised by independent courts.

The principle which brings the separation of powers into existence is the principle of a legal state. This principle provides for the supremacy of law in the existence of the state and the society. The power of the legislative and executive powers, are limited and balanced with the judiciary as the result of the principle of the supremacy of law. Legislative procedures and activities, and procedures of execution are dependent on judicial control. Thus, democracy is obtained and preserved in the state administration. The Constitution is equipped with the rules which guarantee this system. The rules of the Constitution are binding and of a superior quality and are the basic legal regulations which bind the legislative, executive and judicial organs, the government and the other persons and organizations. Furthermore, the hierarchy of the norms is adopted; it prevents the lower-norms from being in violation of the upper-norms. Constitutional Court decisions bind the legislative, executive and judicial organs, the government and all the real and juristic persons, and these decisions constitute the source of legality for the governmental procedures.

In the preamble of the Constitution, it is stated that every Turkish citizen has the right to exercise the fundamental rights and freedoms set forth in the Constitution according to the requirements of equality and social justice, in order to lead a dignified life in the national culture, civilization and legal system as well as the right and authority to develop one's material and spiritual being towards this end. It was not satisfied with this and in the articles of the Constitution, it is emphasized that the Republic of Turkey is a State which respects human rights. The state has been given the function of removing the political, economic and social obstacles which limit the fundamental rights and freedoms of the individual, which are not in accord with the principles of a social legal state and justice, and to attempt to prepare the necessary conditions for developing the physical and spiritual wellbeing of the people. The State has been given the duty and is obliged to provide for the family unity of the Turkish citizens who work in foreign countries, for the education of their children, for their cultural needs and social securities.

In the field of the fundamental rights and freedoms, the Constitution includes rules that are the result of perceptions of both natural law and contemporary law. Emphasizing that everyone has fundamental rights and freedoms which are inviolable, untransferable and unrenounceable, shows that the perception of natural law is dominant in the Constitution. The fundamental rights and freedoms also include the duties and responsibilities of the individual to the society, to his/her family and other individuals. In the context of fundamental rights, the right to live and to preserve and develop the physical and spiritual wellbeing have been recognized. The bodily integrity of the individual is inviolable, excluding medical necessities and situations written in the law. The individual cannot be made subject to scientific medical experiments without his/her consent. No one can be tortured or tormented; no one can be sentenced to a punishment which is not in accord with human dignity. Corvee is forbidden; no one can be forced to work. Everyone has individual freedom and security. The secrecy of private life is basic, and everyone has the right to request that respect is shown for his/her private and family life. Besides these, in the context of fundamental rights and freedoms, the following have been regulated and guaranteed with the Constitution: the inviolability of the home, the freedom of communications, the freedom of travel, the freedom of religion and conscience, the freedom of thought and opinion, the freedom of expression and dissemination of thoughts, the freedom of science and arts, the freedom of the press, the freedom of making a group with an organized structure, the right to hold meetings and demonstration marches and the right of property.

The Constitution of the Republic of Turkey also includes social and economic rights which are the result of the perception of contemporary law. The protection of family and youth, the right and the duty of training and education, the freedom to work and conclude contracts, union rights, fair wage, the right to live in a healthy, balanced environment, the right to housing, the right to social security and the protection of art and artists are within this context. Furthermore, the political rights and obligations, such as the right to vote and be elected, the obligation to pay tax and to serve in the military and the right of petition are also included.

The Constitution makes everyone equal before the law. Discrimination cannot be made among individuals because of language, religion, sect, race, color, sex, political opinion, philosophical belief and similar reasons. No privilege shall be granted to any individual, family, group or class.

Foreigners have the same rights and freedoms, taking into consideration national unity, territorial integrity, sovereignty and the independence of the Republic of Turkey. Rights and freedoms for foreigners can only be limited by law in accordance with international law. However, political rights and the right to enter into public service are only given to Turkish citizens.

Rules related to the limitation of fundamental rights and freedoms in the Constitution are in conformity with universal rules. The fundamental rights and freedoms can be limited with the objective of protecting the unity of the country and the nation, national sovereignty, the Republic, public order and interests, national and general security and general morality, health and for special reasons stated in the Constitution. However, this limitation cannot be in violation of the necessities of a democratic societal structure and cannot be used outside of the objective envisaged. The Constitutional Court has accepted "the limitation of the limits" of "the core" of the rights and freedoms and has decided that rules which harm the core of the rights and freedoms are not in accord with the necessities of a democratic societal structure.

The abuse of fundamental rights and freedoms has also been prohibited. It has been stated in the Constitution that fundamental rights and freedoms cannot be used with the objective of violating the integrity of the country and nation, of endangering the existence of the Turkish State and Republic, of destroying the fundamental rights and freedoms of others, of placing the government of the State under the control of an individual or a group of people, or of establishing the hegemony of one social class over others, or of creating discrimination on the basis of language, race, religion or sect, or of establishing by any other means a system of government based on these concepts and ideas. Furthermore, the fundamental rights and freedoms are protected, as well, against the illegal interventions of the State.

Every Turkish citizen has the right to open a law suit at the judicial courts in case his/her fundamental rights and freedoms are violated; however, they do not have the right to apply directly to the Constitutional Court. Citizens can claim violation of the Constitution in law suits opened at the courts. If the Court finds this claim to be valid, then it can refer the subject to the Constitutional Court.

Turkey accepted the United Nations Universal Charter of Human Rights in 1949, and ratified the European Agreement Concerning the Protection of Human Rights and Fundamental Freedoms in 1954. The right for individual applications from Turkish citizens to the European Commission of Human Rights was recognized in 1987; the compulsory judicial power of the European Court of Human Rights was recognized in 1989. Thus, international control on the subject of human rights was adopted. Some of the regulations in the Charter and Agreement were reflected in the Constitution; and this Charter and Agreement was a source for the justifications for some of the regulations.

According to the Constitution, the form of the State is a Republic and unconditional, unrestricted sovereignty belongs to the nation. The Republic of Turkey is a democratic, secular social legal state, respecting human rights and committed to the nationalism of Atatürk.

The fact that unconditional, unrestricted sovereignty belongs to the nation, reflects the democratic state model. The democracy adopted by the Constitution is representative democracy. The people elect their representatives with their votes, and thus they indirectly use their sovereignty rights. Beyond this, sovereignty is used by the authorized organs in accordance with the principle of the separation of powers and according to the principles in the Constitution. No one or organ can use the State authority which does not have its source from the Constitution. The considered referendum, which is the direct use of sovereignty, is only for changes in the Constitution. Authorized organs for using sovereignty cannot be outside of the free democracy and the legal system determined by the requirements of this democracy.

The Constitution adopted the "unitary state" model and the principle of a "single people" within the cultural mosaic. The nation is "single," the country is "whole", and the State is "one."

The legal state foreseen in the Constitution is based on the principle of the protection of fundamental rights and freedoms and the separation of powers. The supremacy of law is the foundation. Legislative procedures are subject to the control of the Constitutional Court and executive procedures and activities are subject to the control of the Administrative Court.

According to the principle of secularism, no one can make the basic social, economic, political and legal system of the State depend on religious rules even partially; and cannot abuse religion, religious beliefs and objects which are considered to be sacred by religion in any manner whatsoever, with the objective of obtaining political or personal advantages or influence.

Political parties are indispensable components of democratic life. However, the Constitution guarantees the independence of the State, the inseparable unity of the country and nation, the national sovereignty, advocacy of the freedom of democracy, secularism, human rights and freedoms and the principle of the legal state. It also foresees the closing, by the Constitutional Court, of the political parties which have regulations, programs or activities that are in violation of these principles and components.

The principle of a social state is a contemporary component which completes the traditional principle of the legal state. This principle has assigned the State to protect individuals who are socially weak against the socially strong and to provide social justice and social security.

The Constitution has decrees which cannot be amended and cannot even be proposed to be amended. The decrees related to the Turkish State being a Republic, the precepts on which the state system is based, the unitary structure of the state, the design of its flag, the national anthem, and that Turkish is the official language and the capital of Turkey is Ankara are decrees that cannot be amended and cannot even be proposed to be amended.