Is Erdogan's refusal to resign as PM unconstitutional?
President-elect Recep Tayyip Erdogan's refusal to leave the prime minister’s post is widely seen as a flagrant constitutional breach, amassing potential legal troubles for him in the future.
In the late 1990s in Turkey, Sami Selcuk was a name synonymous with the notion of “law.” President of the Court of Appeals, one of Turkey’s two top judicial posts, he developed a reputation for his unorthodox and progressive views, which he used to assert in speeches at annual ceremonies marking the inauguration of judicial terms.
In 2001, after Selcuk’s retirement, Recep Tayyip Erdogan and other principal founding fathers of the Justice and Development Party (AKP) invited him to join them. Selcuk turned down the invitation, but nevertheless remained a revered figure in legal affairs and always a respected source of reference.
A few days ago, Selcuk captured public attention when he declared that Erdogan’s tenure as Turkey’s prime minister had ended on Aug. 15, the day the Higher Electoral Board (YSK) formally announced him as the winner of the Aug. 10 presidential elections. Selcuk insisted that until Aug. 28, the day Erdogan would be sworn in as president, the country would be in a transitional phase and an acting prime minister should be appointed to take over the post that Erdogan should vacate.
In remarks to the Cumhuriyet newspaper, the celebrated jurist said Erdogan’s mandate as prime minister had ended the day the YSK announced the official results of the presidential elections, in which he became Turkey’s 12th president. “He can in no way carry on as prime minister. The crucial question is: When did his title as prime minister come to an end? The moment the YSK announced the official results [of the presidential polls]. As of Aug. 15, he no longer holds the title of prime minister. Hence, he can no longer perform the prime minister’s duties. Someone else should take over as an acting prime minister in the transitional period,” Selcuk said.
