Turkey

Change country

Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment

    Political parties shall not be entitled to receive any aid either in cash or in kind or donations from foreign governments, international organizations and natural persons or legal entities that are not of Turkish citizenship. 

    Source: Article 66§3, Law on Political Parties, 1983 (Law No. 2820)

    Political parties shall not, for any reason, accept direct or indirect aid from foreign states, international organizations, and natural and legal persons who are not Turkish nationals [...] 

    Source: Article 79§c, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

    Decision of dissolution of a political party shall be made by the Constitutional Court where: [...]
    c) a political party receives financial assistance from foreign states, international organizations and legal and natural persons who are not Turkish nationals. 

    Source: Article 101§ c, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

  • Source

    Source: Article 66, Law on Political Parties, 1983 (Law No. 2820).

    Source: Article 79§c, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

    Source: Article 101§c, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment

    A party representative or candidate or nominated candidate who accepts any aid or donation from foreign governments, international organizations and natural persons or legal entities that are not of Turkish citizenship shall be sentenced to imprisonment from one year to three years. 

    Source: Article 116§3, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

    [Presidential] Candidates shall not receive any donation and aid from foreign governments, international organizations and natural persons or legal entities that are not of Turkish citizenship.

    Source: Article 14§1, Law on Presidential Election , 2012 (Law No. 6271).

    Since candidates at parliamentary and local elections are not subject to submit their campaign finance accounts to any supervision authority, there is no data about violation of the Law on Political Parties by these candidates.

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

  • Source

    Source: Article 116§3, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

    Source: Article 14§1, Law on Presidential Election , 2012 (Law No. 6271).

    Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment

    Public institutions with general and annex budgets, local governments and village headmenships, public economic enterprises, banks and other institutions established by special laws or on authorization granted by special laws, undertakings which are not considered as public economic enterprises, however the paid capital of which partially belongs to the State or institutions, administrations, enterprises, banks or agencies belonging to organizations mentioned in this paragraph can by no means donate any movable or immovable properties or cash or equities and cannot waive the use of such properties or equities without charge; they cannot be involved in any disposition concerning the transfer of non-cash equity to political parties beyond the provisions of law they are subject to.

    Source: Article 66§1, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

    [...]

    Professional organizations that have the nature of public agencies, labour unions and employers’ associations and their umbrella organizations, associations, foundations and cooperatives may provide financial assistance and make donations to political parties in compliance with the provisions of their special governing laws. [...] 

    Source: Article 66§1, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

    Buildings and facilities which belong to […] public interest associations provided for private income and private privileges, and foundations with state funding and tax exemption, public professional organizations and unions of producers, union of cooperatives, banks and trade unions cannot be used for the campaign purposes. 

    However, building and facilities that belong to the State and other public legal entities and their affiliated agencies, the enterprises or partnerships to which the State and other public legal entities, directly and indirectly, participated in, public interest associations provided for private income and private privileges, foundations with state funding and tax exemption, public professional organizations and unions of producers, union of cooperatives, banks and trade unions cannot be used for the campaign purposes.

     

    Source: Article 51A§1, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

     

     [...] persons employed as civil servant or officer or in the State administration, annexed budget administrations, special provincial administrations, municipalities and agencies and organizations affiliated thereto, state economic enterprises and the agencies and partnerships established by them, and in other public organizations, to distribute handouts.

     

    Source: Article 62§2 of Law on Basic Provisions of Elections and Voter Registers, (1961)

     

    In 2007, the Constitutional Court annulled the provision on aid provided by associations to the political parties as regulated in the Law No. 5253 on Associations (Article 10). The Court considers that associations may transfer the financial aid they received from foreign sources to political parties. There are no clear provisions on this matter in the Law No. 5737 on Foundations or the Law No. 1163 on Cooperatives.

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

     

    However, the Law on Political Parties states that [...] Professional organizations that have the nature of public agencies, labor unions and employers’ associations and their umbrella organizations, associations, foundations and cooperatives may provide financial assistance and make donations to political parties in compliance with the provisions of their special governing laws. [...]

    Source: Article 66§1, Law on Political Parties, 1983, (as amended in 1999, Law No. 2820)

  • Source

    Source: Article 66§1, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

    Source: Article 51A§1, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    Source: Article 62§2 of Law on Basic Provisions of Elections and Voter Registers, (1961).

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment

    There are no specific regulations regarding donations to candidates in the relevant laws except for presidential ones.

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

    [Presidential] Candidates shall not receive any donation and aid from [...] , international organizations, legal entities, and [...] .

    Source: Article 14§1, Law on Presidential Election , 2012 (Law No. 6271).

  • Source

    Source: Article 14§1, Law on Presidential Election, 2012 (Law No. 6271).

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment

    There is no provision which prohibits trade unions contributing to political parties yet they cannot receive aid and donation from political parties.

    Source: Article 28§2, Law on Trade Unions and Collective Bargaining, 2012 (Law No. 6356).

    However, the unions of public employees are prohibited from contributing to political parties or receiving aid from them.

    Source: Article 20§2, Law on Union of Public Employees and Collective Bargaining, 2001 (Law No. 4688).

  • Source

    Source: Article 28§2, Law on Trade Unions and Collective Bargaining, 2012 (Law No. 6356).

    Source: Article 20§2, Law on Union of Public Employees and Collective Bargaining, 2001 (Law No. 4688).

     

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeYes
  • Comment

    Presidential candidates are prohibited to receive aid and donations from all  legal entities including trade unions.

    Although the Constitution (Article 69§11) requires “[...] as well as the election expenditures and procedures of the political parties and candidates, are regulated by law [...]”, there is no specific provision in relation to election campaign finances of candidates at parliamentary and local administration elections, except for presidential ones.

    [...] Candidates are not allowed to take aid or donation from foreign states, international institutions, legal entities and real individuals without Turkish nationality. [...]

    Source: Article 14§1, Law on Presidential Election, 2012.

  • Source

    Source: Article 14§1, Law on Presidential Election, 2012.

7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment

    According to the Law on Political Parties, all income must be recorded with an invoice or receipt that clearly indicates the identity of donor or his/her authorized representative, and these donations shall be deposited in the party’s bank account.

    Source: Gençkaya, Ömer F. (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol,Özhan (eds) Party Politics in Turkey A Comparative Perspective. Routledge, London and New York.

     

    [...] the revenues obtained on behalf of the party …   are kept in the relevant register.

    Source: Article 60§5, Law on Political Parties, 1983 (Law No. 2820).

     

    [...] The type and amount of the income received, the name, surname and address of the person providing the income, the title, name, surname and signature of the person issuing the invoice, shall be included on the invoice and in the invoice stub. [...]

    Source: Article 69§3, Law on Political Parties, 1983 (Law No. 2820)

  • Source

    Source: Article 60§5, Law on Political Parties, 1983 (Law No. 2820).

    Source: Article 69, Law on Political Parties, 1983 (Law No. 2820)

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

8. Is there a ban on anonymous donations to candidates?
  • CodeNo, but specific limit
  • Comment

    There is no specific regulation regarding donations to candidates at parliamentary and local administration elections. There is no provision about in-kind donations to candidates in all elections. However, presidential candidates are subject to identify the source of cash donations.

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

    In order to provide transparency, cash aids over the amount determined by Supreme Board of Elections are deposited in “electoral account” that will be opened in the name of candidates. Cash aids under the amount determined by Supreme Board of Elections  are taken in return of receipt and deposited in electoral account.

    Source: Article 14§4, Law on Presidential Election, 2012 (Law No. 6271).

  • Source

    Source: Article 14§4, Law on Presidential Election, 2012 (Law No. 6271).

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeYes
  • Comment

    Public institutions with general and annex budgets, local governments and village headmenships, public economic enterprises, banks and other institutions established by special laws or on authorization granted by special laws, undertakings which are not considered as public economic enterprises, however the paid capital of which partially belongs to the State or institutions, administrations, enterprises, banks or agencies belonging to organizations mentioned in this paragraph can by no means donate any movable or immovable properties or cash or equities and cannot waive the use of such properties or equities without charge; they cannot be involved in any disposition concerning the transfer of non-cash equity to political parties beyond the provisions of law they are subject to.

  • Source

    Source: Article 66§1, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeYes
  • Comment

    Presidential candidates cannot receive donation from corporations.

    However, Candidates at parliamentary and local administration elections are not subject to any regulation.

    [Presidential] Candidates shall not receive any donation and aid from …, international institutions, legal entities and ….

    Source: Article 14§1, Law on Presidential Election, 2012 (Law No. 6271).

  • Source

    Source: Article 14§1, Law on Presidential Election, 2012 (Law No. 6271).

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment

    [...] enterprises, which are not defined as state economic enterprises but the paid up capital of which is partially owned by either the state or the agencies, …, shall not, under any circumstances whatsoever, donate any movable or immovable assets or cash or any rights to political parties or allow usage of such assets or rights free of charge; they shall not make a disposition of the transfer of real rights to political parties other than in accordance with the provisions of the law by which they are bound. [...]

    Source: Article 66§1, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

  • Source

    Source: Article 66§1, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeYes
  • Comment

    Presidential candidates cannot receive donation from any corporations.

    However, Candidates at parliamentary and local administration elections are not subject to any regulation.

     [Presidential] Candidates shall not receive any donation and aid from … , legal entities and [...]

    Source: Article 14§1, Law on Presidential Election, 2012 (Law No. 6271).

  • Source

    Source: Article 14§1, Law on Presidential Election, 2012 (Law No. 6271).

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    Political parties and candidates, including the incumbent executive officers are banned to use state resources for electioneering activities, except for the official ceremonies.

    During the period elapsing between the date of the beginning of electioneering until the day following the election day, it is forbidden to organize ceremonies, deliver speeches, make declarations related to works and services performed from resources of all offices, agencies, organizations, and establishments specified in Article 62 as well as institutions subject to Banks Law (including opening and foundation laying ceremonies) and make publications through all means for said works and services.

    Source: Article 64, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1987, Law No. 298).

     

    [...]Within the period from beginning date of the propaganda to the following date of elections, prime minister, ministers and members of parliament are not allowed to use their official vehicles with the purpose of electoral activities and visits within the framework of electoral visits inside the country. In their visits within the context of this purpose, welcoming and send-off ceremonies are not undertaken and official feasts are not arranged. [...]

    Source: Article 65, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1987, Law No. 298).

     

    However, these bans shall not apply to

    [...] ceremonies relating to National Days, provinces' Liberation Days, ceremonies for welcoming and seeing-off the President of the Republic, and ceremonies for welcoming and seeing off visiting foreign heads of states and heads of governments and ministers, and opening days of judicial years and universities, and inaugurations of international congresses and fairs, and in times of natural disasters.

    Source: Annex Article 6, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1987, Law No. 298).

     

    During the propaganda period, the RTÜK and the Supreme Board of Election ensure impartiality and equality of broadcast of Turkish Radio and Television (TRT). The provisions of Law 298 are applied comparatively concerning the matters related to propaganda, including provisions on bans related to the Prime Minister, ministers and members of parliament.

    Source: Article 14§2 and 4, Law on Presidential Election, 2012 (Law No. 6271).

  • Source

    Source: Article 64, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1987, Law No. 298).

    Source: Article 65, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1987, Law No. 298).

    Source: Annex Article 6, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1987, Law No. 298).

    Source: Article 14§2 and 4, Law on Presidential Election, 2012 (Law No. 6271).

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for both natural and legal persons
  • Comment

    There is annual indexation mechanism for the maximum limit amount. The amount of “two billion liras” given in the article 66 of Law on Political Parties is before denomination in 1995.

    [...] Any natural persons or legal entities other than those mentioned in the foregoing article shall be prohibited from making an in kind or cash donation worth more than two billion liras each to a political party in the same year or allowing the political party to use its broadcast media. [...]

    Source: Article 66, Law on Political Parties, 1983 (as amended in 2003, Law No. 2820).

     

    Every year, the monetary values listed in the Articles 66 and 70 of this Law herewith shall be increased as the beginning of every calendar year at the rate of revaluation determined and announced in line with the provisions of Tax Procedure Law numbered 213 and dated 4.1.1961.

    Source: Annex Article 6, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

    NOTE: Six zeros were dropped from the Turkish lira in 2005. Read the base donation amount in thousand liras.

  • Source

    Source: Article 66, Law on Political Parties, 1983 (as amended in 2003, Law No. 2820).

    Source: Additional Article 6, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • Code The limit for 2020 is 73,669.51 TRY per political party.
  • Comment

    66. [...] Any real persons or legal entities other than those mentioned in the foregoing article shall be prohibited from making an in kind or cash donation worth more than two billion liras each to a political party in the same year (Annex phrase by Article 8 of Law 4778, dated 2 January 2003) or allowing the political party to use its broadcast media. [...]
    Source: Article 66, Law on Political Parties, 1983 (amended 2018)

     

    The current value of donation limit is calculated by the researcher.

    Monetary values described by Articles 66 and 70 of Law No. 2820 shall be recalculated each year in accordance with the revaluation rate (previous year’s producers’ price index).

    Source: Annex Article 6, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment

    Regular limit applies to election year.

    Source: Article 66, Law on Political Parties, 1983 (as amended in 2003, Law No. 2820).

  • Source

    Source: Article 66, Law on Political Parties, 1983 (as amended in 2003, Law No. 2820).

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment

    Regular limit applies to election year.

    Source: Article 66, Law on Political Parties, 1983 (as amended in 2003, Law No. 2820).

  • Source

    Source: Article 66, Law on Political Parties, 1983 (as amended in 2003, Law No. 2820).

18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for natural persons
  • Comment

    The limit applies only to presidential candidates. The natural persons can contribute to the presidential candidate no more than one month of gross salary of the highest Government official (Currently the Head of Administrative Affairs of the Presidency). As of January 2020, the gross monthly salary of the Head of Administrative Affairs of the Presidency is about 18,725,00 TRY. The next presidential election is scheduled for June 2023. The exact limit for cash donation to presidential candidates shall be declared by the Supreme Board of Elections at that year.

    There is no specific regulation regarding donations to candidates in parliamentary and local administration elections.

     

    [...] The amount of cash aid by each individual to a candidate, for each voting, may not exceed one month of gross salary of the highest level public servant actually paid within the scope of financial rights. [...]

    Source: Article 14§3, Law on Presidential Election, 2012 (Law No. 6271).

  • Source

    Source: Article 14§3, Law on Presidential Election, 2012 (Law No. 6271).

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code In the 2018 Presidential elections, the limit for donations to presidential candidates was 13,916,00 TRY
  • Comment

    This is not applicable to candidates at parliamentary and local administration elections.

     

    According to the Circular of the Supreme Board of Election issued on April 30, 2018, the upper limit for donations to presidential candidates was 13,916,00 TRY.

    Source: Article 3, Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

  • Source

    Source: Article 3, Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment

    Contrary to the constitutional requirement that “the election expenditures and procedures of the political parties and candidates, are regulated by law” there is no specific regulation regarding the limit on the amount a candidate can contribute to their own election campaign.

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

    Source: Article 69§last, The Constitution of the Republic of Turkey, 1982.

    Source: Article 14, Law on Presidential Election , 2012 (Law No. 6271).

  • Source

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

    Source: Article 69§last, The Constitution of the Republic of Turkey, 1982.

    Source: Article 14, Law on Presidential Election , 2012 (Law No. 6271).

21. Is there a limit on in-kind donations to political parties?
  • CodeYes
  • Comment

    There is a common limit of monetary and in-kind donations. There is an annual indexation mechanism for the maximum limit amount. The amount of “two billion liras” given in the article 66 of Law on Political Parties in 1995. Six zeros were dropped from the Turkish lira in 2005.  

     

    [...] Any natural persons or legal entities other than those mentioned in the foregoing article shall be prohibited from making an in kind or cash donation worth more than two billion liras each to a political party in the same year or allowing the political party to use its broadcast media. [...]

    Source: Article 66§2, Law on Political Parties, 1983 (as amended in 2003, Law No. 2820)

     

    Every year, the monetary values listed in the Articles 66 and 70 of this Law herewith shall be increased as the beginning of every calendar year at the rate of revaluation determined and announced in line with the provisions of Tax Procedure Law numbered 213 and dated 4.1.1961.

    Source: Annex Article 6, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

  • Source

    Source: Article 66§2, Law on Political Parties, 1983 (as amended in 2003, Law No. 2820)

    Source: Annex Article 6, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment

    There is no specific regulation regarding donations to candidates at parliamentary and local administration elections. The Law on Presidential Election (2012) does not include any specific provision regarding to in-kind donations. It is not clear whether the phrase “aid” in this law include mean to in-kind donations.

    All bans described in questions 4, 6, 8, 10, 12, especially 13, 14 and 15 are effective for all candidates.

    Source: Gençkaya, Ömer F (2014) Cumhurbaşkanı Seçim Kampanyasının Finansmanı: Adiliyet, Şeffaflık ve Hesap Verebilirlik, Demokrasi Barometresi Analiz Raporu: 1, BirArada.Org, Denge ve Denetleme Ağı, İstanbul.

    [Presidential] Candidates shall not receive any donation and aid from … , legal entities and [...]

    Source: Article 14§1, Law on Presidential Election, 2012 (Law No. 6271).

  • Source

    Source: Article 14§1, Law on Presidential Election, 2012 (Law No. 6271).

    Source: Gençkaya, Ömer F (2014) Cumhurbaşkanı Seçim Kampanyasının Finansmanı: Adiliyet, Şeffaflık ve Hesap Verebilirlik, Demokrasi Barometresi Analiz Raporu: 1, BirArada.Org, Denge ve Denetleme Ağı, İstanbul.

23. Is there a ban on political parties engaging in commercial activities?
  • CodeYes
  • Comment

     [...] Political parties shall not engage in any commercial activities ... [...]

    Source: Article 67, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

  • Source

    Source: Article 67, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeYes
  • Comment

    There is a general provision relating to loans. This applies to election periods, too.

    [...] Political parties cannot … receive credit and loan. [...]

    Source: Article 67, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

  • Source

    Source: Article 67, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeYes
  • Comment

    There is no specific regulation regarding loans to candidates at parliamentary and local administration elections, yet presidential candidates cannot borrow money.

    [...] [Presidential] Candidates are not allowed to borrow money. [...]

    Source: Article 14§3, Law on Presidential Election , 2012 (Law No. 6271).

  • Source

    Source: Article 14§3, Law on Presidential Election , 2012 (Law No. 6271).

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment

    There is no specific provision in the relevant legislation.

    Although some pro-government firms own greater shares in public infrastructure investments regularly in recent years, there is no information about restrictions.

    Source: World Bank, Infrastructure Finance, PPPs & Guarantees, Country Snapshots - Turkey, https://ppi.worldbank.org/en/snapshots/country/turkey, accessed April 2019.

    Instead of restrictions, during the last two decades, “the majority government has used public procurement as an influential tool both to increase its electoral success and build its own, loyal elites. As a result, corruption is centralized and exists and prevails through making highly debated, notorious new laws and regulations”.

    Source: Gürakar, Esra Çeviker (2016) Politics of Favoritism in Public Procurement in Turkey Reconfigurations of Dependency Networks in the AKP Era, Palgrave Macmillan, New York.

  • Source

    Source: World Bank (2020) Infrastructure Finance, PPPs & Guarantees, Country Snapshots - Turkey, https://ppi.worldbank.org/en/snapshots/country/turkey, accessed 25 April 2020.

    Source: Gürakar, Esra Çeviker (2016) Politics of Favoritism in Public Procurement in Turkey Reconfigurations of Dependency Networks in the AKP Era, Palgrave Macmillan, New York.

27. Are there provisions requiring donations to go through the banking system?
  • CodeSometimes
  • Comment

    Candidates at parliamentary and local administration elections are not subject to any regulation.

    [...] The receipt issued by a political party shall openly state that the donation or donations belong to the donor or his authorized representative or proxy. Political parties shall not accept donations in the absence of such a document. An income statement shall not be required for the donations deposited to the bank accounts opened in the name of a political party.[...]

    Source: Article 66§2, Law on Political Parties, 1983 (as amended in 2011, Law No. 2820).

    [...] In order to provide transparency, cash aids over the amount determined by Supreme Board of Elections are deposited in “electoral account” that will be opened in the name of candidates. Cash aids under the amount determined by Supreme Board of Elections are taken in return of receipt and deposited in electoral account. [...]

    Source: Article 14§4, Law on Presidential Election, 2012 (Law No. 6271).

    Above certain amount, donations (2,000,00 TRY in 2018) are deposited at the bank accounts of the presidential candidates. Donations below this upper limit are received in return of a receipt which is designated by the Circular of the Supreme Board of Election.

    Source: Article 3, Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

  • Source

    Source: Article 66§2, Law on Political Parties, 1983 (as amended in 2003, Law No. 2820).

    Source: Article 14§4, Law on Presidential Election, 2012 (Law No. 6271)

    Source: Article 3, Circular of the Supreme Board of Elections, (2018) “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, (No. 201).

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly provided funding
  • Comment

    The State provides sufficient and fair financial assistance to political parties. The principles governing the aid to the parties, the membership fees and donations they receive are regulated by law.  

    Source: Article 68§last, The Constitution of the Republic of Turkey, 1982 (as amended in 1995).

    [...] Political parties may generate the following revenues: [...]

    Aids provided by the state. [...]
    Source: Article 61§j, Law on Political Parties, 1983 (as amended in 1984, Law No. 2820).

    Political parties who have been granted the right to run in the last parliamentary elections by the Supreme Board of Elections and who have exceeded the general threshold specified in article 33 of the Parliamentary Elections Law 2839 shall be allocated, for that financial year, a sum corresponding to two five-thousandths of the total sum in the ‘(B) Budget Sheet’ of the general budget revenues of that year, to be paid by the Treasury each year.

    Source: Annex Article 1, Law on Political Parties, 1983 (as amended in 1992, Law No. 2820).

  • Source

    Source: Article 68§last, The Constitution of the Republic of Turkey, 1982 (as amended in 1995).

    Source: Article 61, Law on Political Parties, 1983 (as amended in 1984, Law No. 2820).

    Source: Annex Article 1, Law on Political Parties, 1983 (amended in 2014, Law No. 2820).

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeShare of votes in previous election | Participation in election | Registration as a political party
  • Comment

     [...]

    Political parties who have been granted the right to run in the last parliamentary elections by the Supreme Board of Elections and who have exceeded the general threshold specified in Article 33 of the Parliamentary Elections Law 2839.

     [...]

    Political parties that receive more than 3% of the total number of valid votes during general parliamentary elections shall also be entitled to receive State aid.

    Source: Annex Article 1§2 and 5, Law on Political Parties, 1983 (as amended in 2014, Law No. 2820).

  • Source

    Source: Annex Article 1§2 and 5, Law on Political Parties, 1983 (as amended in 2014, Law No. 2820)​.

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to votes received
  • Comment

    [...]

    This allocation shall be distributed among political parties eligible for state aid, as per the foregoing article, in proportion to the total number of valid votes received by each party as announced the Supreme Board of Elections after the general elections and shall be paid each year.

    [...]

    The amount of state aid for political parties that receive more than 3% of the total number of valid votes during general parliamentary elections [...] shall be determined in proportion to the aid received by the political party receiving the least State aid according to the second clause of this article, and also in proportion to the number of votes obtained in the general elections, based on the total number of valid votes.

    [...]

    Threefold the amounts of aid set forth in the foregoing paragraphs shall be paid to the eligible political parties for the year of general parliamentary elections and twofold for the year of countrywide local elections. If both elections are held in the same year, not more than threefold this amount shall be paid. The multiplied allocations made as per this paragraph shall be paid within ten days as of the notice made by the Supreme Board of Elections regarding the election calendar. [...]

    Source: Annex Article 1§2, 5, and 6, Law on Political Parties, 1983 (amended in 2014, Law No. 2820)

  • Source

    Source: Annex Article 1§2, 5, and 6, Law on Political Parties, 1983 (amended in 2014, Law No. 2820)​.

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeOngoing party activities
  • Comment

    [...] The aid given according to this Article shall be used only for the needs or activities of the party.[...]

    Source: Annex Article 1§3, Law on Political Parties, 1983 (as amended in 2014, Law No. 2820).

  • Source

    Source: Annex Article 1§3, Law on Political Parties, 1983 (as amended in 2014, Law No. 2820).

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    Notwithstanding the provisions in private laws, political parties attending to elections are allowed to make propaganda on radio and television beginning with the seventh days before the voting day till 18.00 one day before the elections. 

    Source: Article 52, Law on Basic Provisions of Elections and Voter Registers, 1961 (amended in 1983).

    Although the Law Concerning the Establishment and Broadcast Services of Radio and Televisions (Article 8 and 9, 2011, Law No. 6112) underlines non-discriminatory and impartial broadcasting principles, both public and private channels in Turkey are heavily politicized and polazrized due to media-ownership. The law also prohibits political parties to have shares in broadcast companies directly or indirectly, however private channels are sponsored by pro- or anti-government circles.

    The President with a party tie is also entitled to make  "State of Nation" address regularly on public and private channels to promote government activities without the right of reply.

    Source: OSCE/ODIHR (2018). Republic of Turkey Early Presidentiıal and Parliamentary Elections, 24 June 2018. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.

  • Source

    Source: Article 52, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1983, Law No. 298).

    OSCE/ODIHR (2018). Republic of Turkey Early Presidentiıal and Parliamentary Elections, 24 June 2018. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeShare of seats | Other
  • Comment

    Political parties attending to elections;
    a) First day 10, last day not exceeding 10 days two speeches explaining their programs and scheduled works,
    b) For political parties that have groups in Assembly, additional ten minutes, 
    c) (Amended in 27/10/1995 - Law No. 4125, Article 4) Governing party or biggest of the governing parties 20 minutes, other governing parties additional 15 minutes.
    d) To main opposition party additional 10 minutes of right to propaganda is given.
    Source: Article 52, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1995, Law No. 298).

  • Source

    Source: Article 52, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1995, Law No. 298)

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment

    The candidates from the parties' lists and independet candidates are not provided free and subsidized air time at state broadcasting channels but they are able to participate in debates, interviews and panel discussions alone or together with other candidates at private broadcasting channels and their public meetings can be broadcasted alive.
    Source: Article 55/A§2, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended 2018, Law No. 298)

    For the Presidential candidates,

    [...]

    2. In propaganda period, impartial and equal undertaking of propaganda broadcasting from Turkish Radio and Televisions is provided by Supreme Board of Elections and the Turkish Radio and Television Institution.

    [...]
    4. During propaganda period, including the provisions related with prohibition on Prime Minister, ministers and MP’s, other issues related with propaganda, provisions of Law No. 298 are implemented by analogy.


    Source: Article 13§2 and 4, Law on Presidential Election, 2012 (Law No. 6271)

    Note. The phrase "Prime Minister" should be deleted or replaced by the phrase "President". Since July 2018, Turkey has a presidential system of government and there is no Prime Minister anymore.

  • Source

    Source: Article 55/A§2, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended 2018, Law No. 298).

    Source: Article 13§2 and 4, Law on Presidential Election, 2012 (Law No. 6271).

35. Are there provisions for any other form of indirect public funding?
  • CodeTax relief | Space for campaign materials
  • Comment

    Tax relief for political parties and advertising space for political parties (including candidates from parties' lists) and independent candidates. This include all types of elections.

    [...]

    With the exception of revenue generated from the party’s assets as written in paragraph (h), the revenue generated from the sources listed in the other paragraphs shall not be subject to any taxes, duties or charges whatsoever. 
    Source: Article 61/h, Law on Political Parties, 1983 (Law No. 2820).


    Such that no fees can be charged for billboards and advertising spaces which are allocated upon request free of charge outside the election period. These spaces are allocated equally among political parties and independent candidates.
    Source: Article 60§5, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).


    Citizens may hang or stick promotional materials such as flags, posters or posters belonging to parties or candidates on their homes, premises or vehicles from the thirtieth day prior to the day of voting until the end of propaganda period. These notices and advertisements are exempt from all taxes and fees.
    Source: Article 60§13, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

  • Source

    Source: Article 61/h, Law on Political Parties, 1983 (Law No. 2820).

    Source: Article 60§5, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    Source: Article 60§13, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment

    Although the law stipulates that state aid must be used solely for the needs or activities of the political party, it does not regulate the distribution of this money among party units, such as local, youth or women.
    Gençkaya, Ömer F (2018) "Financing political parties and electoral campaigns in Turkey" in Sayarı, Sabri , Ayan Musil, Pelin and Demirkol,Özhan (eds) Party Politics in Turkey A Comparative Perspective, London and New York, Routledge.

  • Source

    Gençkaya, Ömer F (2018) "Financing political parties and electoral campaigns in Turkey" in Sayarı, Sabri , Ayan Musil, Pelin and Demirkol,Özhan (eds) Party Politics in Turkey A Comparative Perspective, London and New York, Routledge.

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment

    There is no legal provision which requires parties to encourage gender equality in party organization. The statutes of few political parties include the allocation of  certain share from the budget of party headquarter to gender and youth to widen democracy.

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

    owever, the Republican People's Party requires that each provincial and township party branch shall allocate at least 10% of its annual budget to women and youth branches. Party central headquarter also allocates sufficient amount of money from its annual budget for its women and youth branches.
    Source: Article 41-a/5, Republican People's Party Statute, 2016.

    Pro-Kurdish HDP introduced co-chairmanship in party organizations and in municipalities. However, the Council of State (highest administrative court) approved the stay of execution of this provision in 2016.

    All parties apply reduced nomination fee for female candidates in the elections.Several left-wing parties also use a gender quota system in nomination process, e.g. the RPP's party statute requires a gender quota of 33% in the nomination of parliamentary candidates who are determined by the party central executive committee, of local assembly candidates and of all party units.
    Source: Article 61(a), Republican People's Party Statute, 2016.

  • Source

    Source: Article 41-a/5, Republican People's Party Statute, 2016.

    Source: Article 61(a), Republican People's Party Statute, 2016.

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    Anyone who offers or suggests or gives any favors, assets or provides any official or general or private benefits to one or more voters for giving vote for himself or any other candidates in elections, are sentenced to from one to three years in prison. Even benefits or utilities are explained as the travel, food, drink or transfer costs of the voters, the penalties will remain the same. The voter, who accepts above mentioned money, benefit, utility or services, will be subject to same punishment. In case these actions are exercised by force, threat or by using power, the responsible will be subject to one times increased punishment.
    Source: Article 152, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1983, Law No. 298)

    It is forbidden for political parties and candidates to distribute directly or through third parties or institutions , any gifts or giveaways other than those specified (such as brochures, handouts, party flag, poster and relevant CDs or DVDs aiming personal advertisement) personal infin this Article.
    Source: Article 57§1, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298)

    One hundred TRY (Currently 462 TRY, according to annual indexation) administrative fines are imposed by the competent authorities for judicial proceedings or for the purpose of protecting public safety, public order or general health, in violation of the lawful order. 
    Source: Article 32, Law on Misdemeanours, 2005 (Law No. 5326). 

    The Constitutional Court found that transportation cost of voters (260,000 liras as equivalent of 81,250 Euros) paid by the incumbent Justice and Development Party (AKP) in 2011 is  “unlawfull” on the ground that political parties are not entitled to provide transportation for voters.  Anayasa Mahkemesi Kararı.  Esas Sayısı : 2012/12 Karar Sayısı : 2016/6 Karar Tarihi :      10.2.2016.

    Source: Gençkaya, Ömer F (2018) "Financing political parties and electoral campaigns in Turkey" in Sayarı, Sabri , Ayan Musil, Pelin and Demirkol,Özhan (eds) Party Politics in Turkey A Comparative Perspective, London and New York, Routledge.

  • Source

    Source: Article 152, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1983, Law No. 298)

    Source: Article 57§1, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298)

    Source: Article 32, Law on Misdemeanours, 2005 (Law No. 5326).

    Source: Gençkaya, Ömer F (2018) "Financing political parties and electoral campaigns in Turkey" in Sayarı, Sabri , Ayan Musil, Pelin and Demirkol,Özhan (eds) Party Politics in Turkey A Comparative Perspective, London and New York, Routledge. 

39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment

    The income and expenditure of political parties shall be consistent with their objectives. The application of this rule is regulated by law.

    Source: Article 69§3,The Constitution of the Republic of Turkey, 1982.

    Expenditures of political parties shall not be contrary to their objectives.

    Source: Article 70§1, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

    It is not obligatory to verify expenses up to five million liras with a document such as receipt or invoice.

    Source: Article 70§2, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

  • Source

    Source: Article 69§3,The Constitution of the Republic of Turkey, 1982​.

    Source: Article 70§1, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820)

    Source: Article 70§2, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment

    There is no limit on the amount of a political party can spend.

  • Source

    Source: Law on Political Parties, 1983 (as amended in 2018, Law No. 2820)

41. Are there limits on the amount a candidate can spend?
  • CodeNo
  • Comment

    There are no specific regulations regarding candidates' spendings.

  • Source

    Source: Law on Political Parties, 1983 (as amended in 2018, Law No. 2820)

    Source: Law on Presidential Election, 2012 (Law No. 6271).

42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment

    There are no specific regulations regarding candidates spendings.

  • Source

    Source: Law on Political Parties, 1983 (as amended in 2018, Law No. 2820)

    Source: Law on Presidential Election, 2012 (Law No. 6271).

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeThird parties banned from campaign spending
  • Comment

    Although third party contributions to political parties, candidates in presidential, parliamentary and local elections are not regulated clearly and have an upper limit in amount of spending, there are some legal restrictions/bans concerning campaign spending.

    An eligible donor, natural and private legal person, has an annual donation limit as described in Q16 and 17 for political parties and Q20 and 21 for presidential candidates. Other than these limits there is no specific provision concerning “third party” campaign spending especially for in kind contributions. As it was expressed earlier, there is no legal provision for campaign accounts of candidates at parliamentary and local administration elections. Candidates may generally fund their campaign from their own pocket or in-kind contributions from their friends.

    Recently, several third party organizations such as platforms mobilized conducted campaigns open or covert during the elections. GRECO Report recommended that annual accounts of political parties should also include “as appropriate, the accounts of entities related, to political parties or otherwise under their control”.

    Party accounts do not include in-kind donations, contributions from third parties, and organizations that are affiliated or in close contact with political parties.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

    Source: GRECO (2010) Third Evaluation Round Evaluation Report on Turkey on Transparency of Party Funding (Theme II) Adopted by GRECO at its 46th Plenary Meeting, 22-26 March 2010, Strasbourg.

     

    GRECO further recommended Turkey “to regulate transparency in the financing of parliamentary, presidential and local election campaigns of political parties and candidates and, specifically, to find ways of increasing the transparency of contributions by third parties”, in relation to Recommendation (iv) of The Third Round Evaluation Report (Greco Eval III Rep (2009) 5E, Theme II.

    Source: GRECO (2017) Third Evaluation Round Fourth Interim Compliance Report on Turkey “Incriminations (ETS 173 and 191, GPC 2)” and  “Transparency of Party Funding” 4-8 December 2017, GRECO Secretariat, Strasbourg.

     

    There are few legal provisions that can be linked to not “limits” but bans on third party contributions/spending in elections campaigns:

    [...]However, the buildings and facilities belonging to: the State and other public legal entities and their affiliates, enterprises and partnerships directly or indirectly participated by the State or other public legal entities, associations that work for the public interest, foundations which are provided benefits and tax exemption by the state, public professional organizations, unions of producers unions, unions of cooperatives, banks and trade unions cannot be used for this purpose.[...]

    Source: Article 51/A, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

     

    [...]During the ten-day period before the day of voting, broadcasting and all means of distribution under the name of public polls, surveys, forecast, mini referendum through information and communication calls by using the means of print and broadcast media and broadcasting for or against any political party or candidate in a manner to influence the vote of citizens are prohibited under all circumstances. Broadcasting to be made outside this period must be in compliance with the principles of impartiality, authenticity and accuracy. When publishing public opinion polls and surveys, it is imperative to explain which institution the research was conducted, the number of subjects, and who financed the research. [...]

    Source: Article 55B§3, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    [...]It is forbidden to distribute or distribute any gifts and giveaways other than those specified in this paragraph or to be distributed by third parties or institutions and organizations.

    People who will distribute the publications or materials mentioned in this article must be over the age of eighteen. [...]

    Source: Article 57, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    [...] Officers and servants employed in the State, administrations with added budgets, special provincial administrations, municipalities and their affiliated offices and institutions, State Economic Enterprises and their agencies and partnerships and other public legal entities cannot distribute ads.  [...]

    Source: Article 62§2, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).

    [Officers and servants employed in the State, administrations with added budgets, special provincial administrations, municipalities and their affiliated offices and institutions, State Economic Enterprises and their agencies and partnerships and other public legal entities] [...], associations with public utility and the public officers and servants who work in them, must also maintain their impartiality in the elections.

    During the election period, these are prohibited to

    a) Donate and giving donations to political parties or candidates regardless of their name,

    b) It is forbidden to use, or make use of all kinds of tools and equipment with their officers and servants under the command of a political party or candidate or in any political activity.

    Including the ones listed in the first paragraph, entities subject to the Banking Law are prohibited from publishing any kind of publication for the purpose of influencing the citizens in favor of or against a political party. [...]

    Source: Article 63, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).

     [...] No public official can participate in the visits to the Prime Minister, ministers, deputies and candidates on the election propaganda, from the starting date of the election propaganda until the day following the voting day.   [...]

    Source: Article 66, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).

  • Source

    Source: GRECO (2010) Third Evaluation Round Evaluation Report on Turkey on Transparency of Party Funding (Theme II) Adopted by GRECO at its 46th Plenary Meeting, 22-26 March 2010, Strasbourg.

    Source: GRECO (2017) Third Evaluation Round Fourth Interim Compliance Report on Turkey “Incriminations (ETS 173 and 191, GPC 2)” and “Transparency of Party Funding” 4-8 December 2017, GRECO Secretariat, Strasbourg.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

    Source: Article 51/A, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    Source: Article 55B§3, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    Source: Article 57, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    Source: Article 62, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).

    Source: Article 63, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).

    Source: Article 66, Law on Basic Provisions of Elections and Voter Registers, 1961 (Law No. 298).

44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    There is no specific regulation concerning spending limits on traditional media advertising in presidential, parliamentary and local administration elections. The relevant provisions and decisions of the Supreme Board of Elections are listed as follows:

    [...]Political parties (including candidates from the parties' lists) and independent candidates participating in the elections shall make oral, written or visual propaganda by way of advertisement and publicity in the print media or by building a website until the end of election propaganda period.

    Source: Article 55B§1, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    [...] Media service providers may broadcast political party and candidate advertisements during the election period announced by the Supreme Board of Elections until the time when broadcasting bans begin.

    Political advertisements must comply with the provisions of this law and the procedures and principles determined by the Supreme Board of Elections.[...]

    Source: Article 31, Law on Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

    The Supreme Board of Elections regulates the principles governing these advertisements. According to the recent decisions of the Board,

    [...] It is mandatory to comply with the principles of impartiality, reality and accuracy and to charge an equal price for advertisement from each political party/candidate. [...]

    Source: Supreme Board of Elections (2014) Decision: 3124, 2 Temmuz 2014.

    Source: Supreme Board of Elections (2018) Decision: 321, 28 Nisan 2018.

     

    [...] During the ten-day period before the day of voting, broadcasting and all means of distribution under the name of public polls, surveys, forecast, mini referendum through information and communication calls by using the means of print and broadcast media and broadcasting for or against any political party or candidate in a manner to influence the vote of citizens are prohibited under all circumstances. Broadcasting to be made outside this period must be in compliance with the principles of impartiality, authenticity and accuracy.

    When publishing public opinion polls and surveys, it is imperative to explain which institution the research was conducted, the number of subjects, and who financed the research.[...]

    Source: Article 55B§3, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

  • Source

    Source: Article 31, Law on Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

    Source: Article 55B§1 and 3, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    Source: Supreme Board of Elections (2014) Decision: 3124, 2 Temmuz 2014.

    Source: Supreme Board of Elections (2018) Decision: 321, 28 Nisan 2018.

45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    There is no specific regulation concerning spending limits on traditional media advertising in presidential, parliamentary and local administration elections. The relevant provisions and decisions of the Supreme Board of Elections are listed as follows:

    [...]Political parties (including candidates from the parties' lists) and independent candidates participating in the elections shall make oral, written or visual propaganda by way of advertisement and publicity in the print media or by building a website until the end of election propaganda period.

    Source: Article 55B§1, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    [...] Media service providers may broadcast political party and candidate advertisements during the election period announced by the Supreme Board of Elections until the time when broadcasting bans begin.

    Political advertisements must comply with the provisions of this law and the procedures and principles determined by the Supreme Board of Elections.[...]

    Source: Article 31, Law on Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

    The Supreme Board of Elections regulates the principles governing these advertisements. According to the recent decisions of the Board,

    [...] It is mandatory to comply with the principles of impartiality, reality and accuracy and to charge an equal price for advertisement from each political party/candidate. [...]

    Source: Supreme Board of Elections (2014) Decision: 3124, 2 Temmuz 2014.

    Source: Supreme Board of Elections (2018) Decision: 321, 28 Nisan 2018.

     

    [...] During the ten-day period before the day of voting, broadcasting and all means of distribution under the name of public polls, surveys, forecast, mini referendum through information and communication calls by using the means of print and broadcast media and broadcasting for or against any political party or candidate in a manner to influence the vote of citizens are prohibited under all circumstances. Broadcasting to be made outside this period must be in compliance with the principles of impartiality, authenticity and accuracy.

    When publishing public opinion polls and surveys, it is imperative to explain which institution the research was conducted, the number of subjects, and who financed the research.[...]

    Source: Article 55B§3, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

  • Source

    Source: Article 31, Law on Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

    Source: Article 55B§1 and 3, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2010, Law No. 298).

    Source: Supreme Board of Elections (2014) Decision: 3124, 2 Temmuz 2014.

    Source: Supreme Board of Elections (2018) Decision: 321, 28 Nisan 2018.

46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeYes
  • Comment

    Venice Commission underlined the deficiencies of Internet Law (On Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication) as follows: In order for Law No. 5651 to meet the applicable European standards, the Venice Commission formulates the following main recommendations (in addition to other recommendations contained in the text of the opinion)  the procedures on access-blocking under Articles 8A, 9 and 9A… The requirement that the restriction must be “necessary in a democratic society” should be introduced in the provisions concerning the four access-blocking procedures

    Source: European Commission For Democracy Through Law (Venice Commission) (2016) Turkey Opinion on Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed By Means of Such Publication (“The Internet Law”) adopted by the Venice Commission at its 107th Plenary Session (Venice, 10-11 June 2016), COE, Strasbourg.

    The Constitution contains a general provision regarding the right to freedom of expression, but also restrains it by allowing restrictions on media, including under Anti-Terror and Internet Laws. The Criminal Code contains broad defamation provisions, including for offending the nation and the State, public officials and the president. The OSCE RFoM has repeatedly called on the authorities “to engage in a fundamental reform of the laws that criminalize journalistic work, including the Press Law, provisions of the Criminal Code and the Anti-Terror Law.

    Source: OSCE/ODIHR (2018) Republic of Turkey Early Presidential and Parliamentary Elections, 24 June 2018 ODIHR Election Observation Mission Final Report, OSCE/ODIHR, Warsaw.

    The above mentioned provisions are provided as follows:

    [...] the President [of the Information Technology and Communication Authority] may decide to remove the content and / or prevent the access to be published in cases where the delay is inconvenient, upon the request of the President of the Republic, or ministries regarding the protection of the national security, prevention of crime or protection of general health. [...]

    [...] the decision is submitted to the approval of the magistrate judge within twenty-four hours by the President. The judge announces his/her decision within forty-eight hours; otherwise, the decision goes away on its own. [...]

    Source: Article 8A§1, On Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication, 2007 (as amended in 2015, Law No. 5651).

    [...]Natural and legal persons and institutions and organizations that claim that their personal rights have been violated due to the content of the broadcast made on the internet may request the content provider to remove publication by applying to the place provider or appealing directly the magistrate judge and requesting the content to be blocked. [...]

    Source: Article 9§1, On Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication, 2007 (as amended in 2014, Law No. 5651).

    [...]The President [of the Information Technology and Communication Authority] notifies the Union [of Service Providers] immediately to apply this request to him, and the providers will fulfill this request within four hours at the latest. [...]

    Source: Article 9A§3, On Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication, 2007 (as amended in 2014, Law No. 5651).

  • Source

    Source: European Commission For Democracy Through Law (Venice Commission) (2016) Turkey Opinion on Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed By Means of Such Publication (“The Internet Law”) adopted by the Venice Commission at its 107th Plenary Session (Venice, 10-11 June 2016), COE, Strasbourg.

    Source: OSCE/ODIHR (2018) Republic of Turkey Early Presidential and Parliamentary Elections, 24 June 2018 ODIHR Election Observation Mission Final Report, OSCE/ODIHR, Warsaw.

    Source: Article 8A, Internet Ortamında Yapılan Yayınların Düzenlemesi ve Bu Yayınlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkıinda Kanun, 2007 (as amended in 2015, Law No. 5651).

    Source: Article 9, Internet Ortamında Yapılan Yayınların Düzenlemesi ve Bu Yayınlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkıinda Kanun, 2007 (as amended in 2014, Law No. 5651).

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    [...] The party organization is obliged to submit the income and expenses to the upper tier to which it is affiliated within the time indicated in the party statute. This period cannot be more than six months.

    Source: Article 70§5, Law on Political Parties, 1983 (as amended in 2018, Law. No. 2820).

     [...] The party headquarters and the provincial organizations also including the districts under its administration shall prepare their final accounts showing the practical results of the previous year’s budget by the end of April following each budget year. The final accounts belonging to the provincial organizations and the headquarters shall be examined, approved and joined by the central decision-making and administrative committee. [...]

    Source: Article 73§3, Law on Political Parties, 1983 (Law No. 2820).

    [...]  Consolidated final accounts, along with the final accounts of the headquarters, provincial and township organizations, shall be submitted by the chairman of the political parties by the end of June to the Constitutional Court for audit and the Office of the Chief Public Prosecutor of the Court of Cassation for information. [...]

    Source: Article 74§2, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

    Parties declare their campaign funds solely through annual financial reports; these reports do not include incomes and expenditures incurred by candidates nor by third-parties.

    Source: OSCE/ODIHR (2018). Republic of Turkey Early Presidentiıal and Parliamentary Elections, 24 June 2018. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.

  • Source

    Source: Article 70§5, Law on Political Parties, 1983 (as amended in 2018, Law No. 2820).

    Source: Article 73§3, Law on Political Parties, 1983 (Law No. 2820).

    Source: Article 74§2, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

    Source: OSCE/ODIHR (2018). Republic of Turkey Early Presidentiıal and Parliamentary Elections, 24 June 2018. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.

48. Do political parties have to report on their election campaign finances?
  • CodeNo
  • Comment

    Although the Constitution (Article 69§11) requires “[...] as well as the election expenditures and procedures of the political parties and candidates, are regulated by law [...]”, there is no specific provisions in relation to election campaign finances of political parties, except some general bans on “vote buying” and “use of public resources –buildings, vehicles, human resources etc. – and third party contributions as stated in Section 3 of IDEA database.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

     

    Parties declare their campaign funds solely through annual financial reports; these reports do not include incomes and expenditures incurred by candidates nor by third-parties.

    Source: OSCE/ODIHR (2018). Republic of Turkey Early Presidentiıal and Parliamentary Elections, 24 June 2018. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.

  • Source

    Source: Article 69§11, The Constitution of the Republic of Turkey, 1982 (as amended in 1995).

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

    Source: OSCE/ODIHR (2018). Republic of Turkey Early Presidentiıal and Parliamentary Elections, 24 June 2018. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment

    The Constitution (Article 69§11) requires “[...] as well as the election expenditures and procedures of the political parties and candidates, are regulated by law [...]”. There are only specific provisions in relation to election campaign finances of presidential candidates.

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

    [...] All information and documents on election accounts, donations, aids and expenditures shall be submitted to the Supreme Board of Elections within ten days following the finalization of the election results. [...]

    Source: Article 14§6, Law on Presidential Election, 2012 (Law No. 6271).

    Source: Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

  • Source

    Source: Article 69§11, The Constitution of the Republic of Turkey, 1982(as amended in 1995).

    Source: Article 14(6), Law on Presidential Election, 2012 (Law No. 6271).

    Source: Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment

    There are no specific regulations regarding third parties reporting. However,

    GRECO’s Third Round Evaluation Report on Turkey on Transparency of Party Funding urges Turkey that, “entities collaborating with political parties (e.g. interest groups, political education foundations, trade unions) are under an obligation to keep accountancy records, but their books are not in the public domain”.

    Source: GRECO (2010) Third Evaluation Round Evaluation Report on Turkey on Transparency of Party Funding (Theme II) Adopted by GRECO at its 46th Plenary Meeting, 22-26 March 2010, GRECO Secretariat, Strasbourg.

     

    GRECO further underlines that” [...] To enhance transparency, contestants’ campaign finance reports, including of affiliated third parties, could be submitted prior to election day and published in a timely manner. [...]

    Source: GRECO (2017) Third Evaluation Round Fourth Interim Compliance Report on Turkey “Incriminations (ETS 173 and 191, GPC 2)” and  “Transparency of Party Funding” 4-8 December 2017, GRECO Secretariat, Strasbourg.

  • Source

    Source: GRECO (2010) Third Evaluation Round Evaluation Report on Turkey on Transparency of Party Funding (Theme II) Adopted by GRECO at its 46th Plenary Meeting, 22-26 March 2010, GRECO Secretariat, Strasbourg.

    Source: GRECO (2017) Third Evaluation Round Fourth Interim Compliance Report on Turkey “Incriminations (ETS 173 and 191, GPC 2)” and  “Transparency of Party Funding” 4-8 December 2017, GRECO Secretariat, Strasbourg.

51. Is information in reports from political parties and/or candidates to be made public?
  • CodeNo
  • Comment

    Contrary to the recommendation of the Council of Europe (Recommendation Rec(2003)4of the Committee of Ministers to member states on common rules against corruption in the funding of political parties and electoral campaigns), political parties in Turkey are not obliged to make their accounts public. Therefore, GRECO recommends Turkey “to ensure that annual accounts of political parties and monitoring reports of the supervisory body are made easily accessible to the public, within timeframes to be specified by law”. Although a few political parties publicize their financial accounts online, this is not legally binding, before the Constitutional Court's examination which is published in the Official Gazette or its web page.

     

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

    The Constitutional Court's examination report does not contain all information and details of incomes and expenditures which are submitted by the political parties.

    Source: GRECO (2010) Third Evaluation Round Evaluation Report on Turkey on Transparency of Party Funding (Theme II) Adopted by GRECO at its 46th Plenary Meeting, 22-26 March 2010, GRECO Secretariat, Strasbourg.

     

    The examination reports on the presidential candidates’ campaign accounts which are prepared by the Supreme Board of Elections do not contain the detailed information. Some presidential candidates voluntarily publicize their revenues and expenditures online.

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

  • Source

    Source: GRECO (2010) Third Evaluation Round Evaluation Report on Turkey on Transparency of Party Funding (Theme II) Adopted by GRECO at its 46th Plenary Meeting, 22-26 March 2010, GRECO Secretariat, Strasbourg.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

    Source: Gençkaya, Ömer F., Gündüz, U.  and Cihangir-Tetik, D. (2016) Political Finance and Transparency. Association of Transparency International, İstanbul.

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment

    All income and all spending of political parties must be recorded with an invoice and or receipt. For all cash donations, political parties must provide a receipt that clearly indicates the identity of donor or donor’s authorized representative or deputy. These documents are attached to the annual party accounts.

    Individual candidates at parliamentary and local elections are not subject to reporting yet donations to presidential candidates above a certain amount (2,000.00 TRY in 2018) must be deposited on their bank account or accepted in return of a receipt on which donor’s identity is written.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

    [...] It should be clearly stated in the receipt given by the party that the donation or donations belong to the donor or its authorized representative or deputy. Donations cannot be accepted by political parties without relying on such a document. An income receipt is not issued for donations to bank accounts opened on behalf of political parties. [...]

    Source: Article 66§2, Law on Political Parties, 1983 (as amended in 2011, Law No. 2820)

    [...] The type and amount of the income received, the name, surname and address of the person providing the income, the title, name, surname and signature of the person issuing the invoice, shall be included on the invoice and in the invoice stub. [...]

    Source: Article 69§2, Law on Political Parties, 1983 (Law No. 2820)

     [...] cash aids over the amount determined by Supreme Board of Elections are deposited in “electoral account” that will be opened in the name of candidates. Cash aids under the amount determined by Supreme Board of Elections are taken in return of receipt and deposited in electoral account. [...]

    Source: Article 14§4, Law on Presidential Election, 2012 (Law No. 6271).

  • Source

    Source: Article 66§2, Law on Political Parties, 1983 (as amended in 2011, Law No. 2820)

    Source: Article 69§2, Law on Political Parties, 1983 (Law No. 2820)

    Source: Article 14§4, Law on Presidential Election, 2012 (Law No. 6271).

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    Political parties keep their accounts –incomes and expenditures- in accordance with balance sheet basis. Presidential candidates are asked to register donations, contributions and expenditures to be made during the campaign period in itemized lists approved by the Board and return the information and documents related to the donations, contributions and expenditures in accordance with the Board’s Circular 201 dated 2018, within ten days following the certification of electoral results to the Board.

    It is not required to report incomes and expenditures for candidates at parliamentary and local administration elections, except presidential elections.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

     

    [...] The accounts of political parties are arranged on a balance sheet basis. [...]

    Source: Article 73§2, Law on Political Parties, 1983 (Law No. 2820).

    The condensed statement of the final accounts of provincial organizations prepared by the party headquarter together with the approved copies of the final accounts of provincial organizations signed by authorized persons in provincial organization, including affiliated districts.

    Source: Article 51§1-ç, Rules of Procedure of the Constitutional Court, 2012.

    Within the period beginning from finalization of candidacy to finalization of election results, all donations and aids and expenses are recorded in the lists approved by Supreme Board of Elections.

    Source: Article 14§5, Law on Presidential Election, 2012 (Law No. 6271).

    Source: Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

  • Source

    Source: Article 51§1-ç, Rules of Procedure of the Constitutional Court, 2012.

    Source: Article 73§2, Law on Political Parties, 1983 (Law No. 2820)

    Source: Article 14§5, Law on Presidential Election, 2012 (Law No. 6271).

    Source: Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment

    Political parties keep their accounts –incomes and expenditures- in accordance with balance sheet basis. Presidential candidates are asked to register donations, contributions and expenditures to be made during the campaign period in itemized lists approved by the Board and return the information and documents related to the donations, contributions and expenditures in accordance with the Board’s Circular 201 dated 2018, within ten days following the certification of electoral results to the Board.

    It is not required to report incomes and expenditures for candidates at parliamentary and local administration elections, except presidential elections.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

    [...] The accounts of political parties are arranged on a balance sheet basis. [...]

    Source: Article 73§2, Law on Political Parties, 1983 (Law No. 2820)

    The condensed statement of the final accounts of provincial organizations prepared by the party headquarter together with the approved copies of the final accounts of provincial organizations signed by authorized persons in provincial organization, including affiliated districts.

    Source: Article 51§1-ç, Rules of Procedure of the Constitutional Court, 2012.

    Within the period beginning from finalization of candidacy to finalization of election results, all donations and aids and expenses are recorded in the lists approved by Supreme Board of Elections.

    Source: Article 14§5, Law on Presidential Election, 2012 (Law No. 6271).

    Source: Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

  • Source

    Source: Article 51§1-ç, Rules of Procedure of the Constitutional Court, 2012.

    Source: Article 73§2, Law on Political Parties, 1983 (Law No. 2820)

    Source: Article 14§5, Law on Presidential Election, 2012 (Law No. 6271).

    Source: Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB | Court
  • Comment

    The Constitutional Court is the responsible body for monitoring and investigating information on the financing of political parties and the Supreme Board of Elections is authorized to monitor presidential candidates’ campaign accounts.

    Candidates at parliamentary and local elections are not obliged to report their accounts.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

     

    The auditing of acquisitions, revenue and expenditure of political parties by the Constitutional Court in terms of conformity to law as well as the methods of audit and sanctions to be applied in case of inconformity to law shall be indicated in law. The Constitutional Court shall be assisted by the Court of Accounts in performing its task of auditing. The judgments rendered by the Constitutional Court because of the auditing shall be final.

    Source: Article 69§3, The Constitution of the Republic of Turkey, 1982 (as amended in 1995).

    [...] The chairmen of political parties shall be obliged to submit, by the end of June, an approved copy of both the joint final account, about which a final decision has been passed, and the final accounts of the headquarters and the provincial organizations also covering the connected districts, to the Constitutional Court, as well as to the Office of the Chief Public Prosecutor of the Republic for the Court of Cassation for information purposes. [...]

    Source: Article 74§2, Law on Political Parties, 1983 (as amended in 2011, Law No. 2820).

    [...] Election accounts and information and documents related to donations, aids and expenditures shall be submitted to the Supreme Board of Elections within ten days following the finalization of the election results. [...]

    Source: Article 14§6) Law on Presidential Election, 2012 (Law No. 6271).

  • Source

    Source: Article 69§3, The Constitution of the Republic of Turkey, 1982 (as amended in 1995).

    Source: Article 74§2 and 3, Law on Political Parties, 1983 (as amended in 2011, Law No. 2820)

    Source: Article 14§6) Law on Presidential Election, 2012 (Law No. 6271).

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, EMB | Yes, court
  • Comment

    The Constitutional Court is the responsible body for monitoring and investigating information on the financing of political parties and the Supreme Board of Elections is authorized to examine presidential candidates’ campaign accounts.

    Candidates at parliamentary and local elections are not obliged to report their accounts.

    The Court’s and Board’s examination do not include criminal investigations. The Court and the Board impose to register unlawful incomes and expenditures to the State’s Treasury through the Accounting Office of the State Treasury and criminal investigations (public prosecution) are conducted by the office of public prosecutor or the Office of Chief Public Prosecutor of the Republic for the Court of Cassation in accordance with the relevant provisions of the Law No. 298 (Article 173 and 174) and other legislation. According to the provisions of the Law No. 298, the public prosecutor is authorized to decide on administrative fines (Article 175). Provisions of the Law No. 298 apply to presidential elections, too.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

    The auditing of acquisitions, revenue and expenditure of political parties by the Constitutional Court in terms of conformity to law as well as the methods of audit and sanctions to be applied in case of inconformity to law shall be indicated in law. The Constitutional Court shall be assisted by the Court of Accounts in performing its task of auditing. The judgments rendered by the Constitutional Court because of the auditing shall be final.

    Source: Article 69§3, The Constitution of the Republic of Turkey, 1982 (as amended in 1995).

    The Constitutional Court shall conduct the financial audits of political parties. The Constitutional Court shall audit whether the procurement of assets and the revenues and expenditures of political parties are in accordance with the Law.

    Source: Article 74§1, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

    [...]  To conduct financial audits of political parties. [...]

     [...] To check whether or not the political parties' acquisition of goods, their income and expenses are in compliance with the law. [...]

    [...] Political parties send to the Constitutional Court Presidency, in accordance with the Law No. 2820, until the end of June, the final account, which has been united and decided, and approved the final accounts of the provincial organization, including the party headquarters and affiliated districts. The court sends the documents sent to it to the Court of Accounts for examination. [...]

    Source: Article 3§e, 21§2-b, 55§2, The Establishment of the Constitutional Court and Its Trial Procedures, 2011 (Law No. 6216).

     [...] The Supreme Board of Elections will examine the election accounts within one month and determine if irregularities exist and the prescribed limits have been exceeded.

     The results of the examination conducted by the Supreme Board of Elections are final and shall be announced within one month following the completion of the election. [...]

    Source: Article 14§6 and 7, Law on Presidential Election, 2012 (Law No. 6271).

    All information and documents related to election accounts, donations, aid and expenditures, and unused vouchers and lists are delivered to the Supreme Board of Elections in ten days after the election results are finalized. The Supreme Board of Elections examines the election accounts, donations and expenditures of the candidates within one month and determines if any, irregularities and whether the prescribed limits are exceeded.

    Source: Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

  • Source

    Source: Article 69§3, The Constitution of the Republic of Turkey, 1982 (as amended in 1995).

    Source: Article 3§e, 21§2-b, 55§2, The Establishment of the Constitutional Court and Its Trial Procedures, 2011 (Law No. 6216).

    Source: Article 74§1, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

    Source: Article 14§6 and 7, Law on Presidential Election, 2012 (Law No. 6271).

    Source: Circular of the Supreme Board of Elections, (2018, “Cumhurbaşkanı Seçiminde Cumhurbaşkanı Adaylarına Yapılacak Yardım ve Bağışlar İle Adayların Mal Bildirimine İlişkin Usul ve Esasları Gösterir Genelge”, No. 201).

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeRefer for investigation | Carry out investigation | Request additional information from potential violator | Request additional information from others | Impose sanctions
  • Comment

    The Constitutional Court performs its audit by examining documents and/or conducting investigations and making inquiries at the parties’ headquarters or their local branches. The Court is assisted by the Court of Accounts in the preparation of technical review reports. The Court can decide to register unlawful incomes and expenditures as income to the Treasury.

    The Supreme Board of Elections is entitled to examine the donations, aids and expenditures of the presidential candidates in compliance with form and procedure stated in the Law No. 6217 and the applicable provisions of the Law No. 298. The portion of the donations and aids exceeding the specified limit and the unspent income is transferred to the Treasury. There is no specific provision concerning expenditures made by presidential candidates not in compliance with the form and procedure required by the Law and Circular No. 201 of the Supreme Board of Elections.

    During the election period, Supreme Council of Radio and Television (RTÜK) monitors broadcast –radio and Tv-, including political advertisements, in accordance with the Law No. 6112 and the principles and procedures determined by the Board, and applies administrative sanctions directly which are subject to judicial review.

    Decisions of the Court and the Board are final and not subject to judicial review.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

    Source: OSCE/ODIHR (2018). Republic of Turkey Early Presidentiıal and Parliamentary Elections, 24 June 2018. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.

     

    [...]The judgments rendered by the Constitutional Court because of the auditing shall be final.

    [...]

    Political parties that accept aid from foreign states, international institutions and persons and corporate bodies of non-Turkish nationality shall be dissolved permanently. [...]

    Source: Article 69§3 and 10, The Constitution of the Republic of Turkey, 1982 (as amended in 1995, Law No. 2820).

    Decision of dissolution of a political party shall be made by the Constitutional Court where: [...]

    c) a political party receives financial assistance from foreign states, international organizations and legal and natural persons with non-Turkish origins.

    Depending on the severity of the actions in these paragraphs, the decision may be made to partially or completely deprive the amount of the last year of State aid received by the relevant political party; to return the same amount to the Treasury if the aid is fully paid.

    Source: Article 101§1-c and 2, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

     

    [...]

    The Constitutional Court shall conduct the financial audits of political parties. The Constitutional Court shall audit whether the procurement of assets and the revenues and expenditures of political parties are in accordance with the Law. However, compliance with the law cannot be performed in a way to restrict the activities deemed necessary for a political party to fulfill its objectives or to include the propriety of these activities. The audit shall be based on actual targets of the expenditures. Deficiencies regarding form and procedure do not warrant the refusal of the expenditure. [...]

    [...]

    In case of a closure decision about the political party, the accounts for the period up to the date of the closure decision are also audited and decided by the Constitutional Court. In this case, the final account for the audit and other principles and procedures regarding the audit are determined by the Constitutional Court. [...]

    Source: Article 74§1 and 3, Law on Political Parties, 1983 (as amended in 2011, Law No. 2820).

     

    [...]

    The Constitutional Court may, at any time, ask the political parties to document information pertaining to the final accounts.

    The Constitutional Court shall perform its audit in the form of examination of documents. This audit may be conducted on the basis of the reports to be prepared with the assistance of the Court of Accounts or by way of researches and inquiries to be conducted at the headquarters of the political parties and their local organizations directly, or by a delegated member from among its members, or by the most senior judicial or administrative judge of the locality to be delegated. In that respect, a sworn expert may be commissioned.

    The Constitutional Court may request a written opinion from the chairperson or the representative of a political party; if deemed necessary, they may hear the verbal statements of the relevant persons including the responsible specialized accountants.

    At the end of its audit, the Constitutional Court will decide on the authenticity of the political party’s revenues and expenditures and whether they are in compliance with the law or not, and will register those revenues and expenditures that are found not to be in compliance with the law as income to the Treasury.

    Source: Article 75§1 and 3, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

    About the political parties, which the Constitutional Court determines to have received donations, acquired goods or proceeds in violation of the provisions of this Law herewith, , a decision shall be rendered to register as revenue with the Treasury the whole amount of the proceeds acquired through such ways; the proceeds exceeding the amount stipulated in the Law; the value of the immovable properties equivalent to the amount exceeding the legitimate threshold; and for the title deeds of the immovable property to be registered with the Treasury.

    Source: Article 76§1, Law on Political Parties, 1983 (as amended in 1999, Law 2018)

    If it is determined that a political party owns immovable properties in violation of the principles enshrined in the Article 68 of this Law herewith, such properties shall be liquidated by the political party upon the decision of the Constitutional Court and within the period set out by the Court.

    Source: Article 77, Law on Political Parties, 1983 (Law No. 2820).

    The Supreme Board of Elections will give a suitable period for the candidates to complete the missing information and documents at the examination. The amount exceeding the limit of donations and aids shall be registered as to the Treasury. [...]

    The procedures and principles related to the implementation of this provision (Article 14) shall be determined by the Supreme Board of Elections.

    Source: Article 14§6 and 9, Law on Presidential Election, 2012 (Law No. 6217).

    The Supreme Council shall monitor, supervise and evaluates broadcasts of the media service providers during the election periods in accordance with the decisions of the Supreme Board of Elections.

    Source: Article 30§2, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

     

    [...] an administrative fine from two percent up to five percent of total gross commercial communication revenue within the month preceeding the month when the violation is identified. The amount of the administrative fine shall not be less than one thousand Turkish Liras for radio enterprises and ten thousand Turkish Liras for television enterprises and on-demand media service providers. Additionally, as an administrative injunction, the broadcast of the programme subjected to the violation shall be decided to be suspended up to five times and as for on demand media services, the programme subjected to the violation shall be removed from the catalogue. By taking into consideration the nature of the violation, an administrative fine together with the administrative injunction may be imposed [...]

    The Supreme Council is authorized to impose an administrative fine or an administrative injunction in accordance with the provisions of this Law.

    Source: Article 31§1 and 8, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

  • Source

    Source: Article 69§3 and 10, 1982 Constitution of the Republic of Turkey (as amended in 1995, Law No. 2820).

    Source: Article 74§1 and 3, Law on Political Parties, 1983 (as amended in 2011, Law No. 2820).

    Source: Article 75§1 and 3, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

    Source: Article 76§1, Law on Political Parties, 1983 (as amended in 1999, Law 2018).

    Source: Article 77, Law on Political Parties, 1983 (Law No. 2820).

    Source: Article 101§1-c and 2, Law on Political Parties, 1983 (as amended in 1999, Law No. 2820).

    Source: Article 14§6 and 9, Law on Presidential Election, 2012 (Law No. 6217).

    Source: Article 30§2, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

    Source: Article 31§1 and 8, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

    Source: OSCE/ODIHR (2018). Republic of Turkey Early Presidentiıal and Parliamentary Elections, 24 June 2018. OSCE/ODIHR Election Observation Mission Report. OSCE/ODIHR, Warsaw.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Loss of public funding | Suspension of political party
  • Comment

    The Law on Political Parties imposes four types of administrative sanctions: a court notice (Article 104); confiscation by the State Treasury or liquidation of property (Article 76 in violation of Articles 67, 69 and 77); depriving political party of state aid (Article 102) for failing to provide documents requested by the Office of the Chief Public Prosecutor of the Republic for the Court of Cassation; and the closure of a party (Article 101 in violation of Articles 69§2 and 10 of the Constitution, and Articles 67 and 69 of the Law on Political Parties).

    The Law on Basic Provisions of Elections and Voter Registers includes some penal sanctions such as up to three years imprisonment for promising benefits in exchange for votes (Article 152), and failure of the Prime Minister or Ministers to observe prohibitions (Article 155). Administrative sanction of stopping broadcasting for certain number of days in the event of violating campaign broadcasting rules was abolished in 2018.

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

    Law on Political Parties include some administrative and penal sanctions as follows:

    Confiscation by the Treasury:

    About the political parties, which the Constitutional Court determines to have received donations, acquired goods or proceeds in violation of the provisions of this Law herewith, a decision shall be rendered to register as revenue with the Treasury the whole amount of the proceeds acquired through such ways; the proceeds exceeding the amount stipulated in the Law; the value of the immovable properties equivalent to the amount exceeding the legitimate threshold; and for the title deeds of the immovable property to be registered with the Treasury.
    Upon the decision of the Constitutional Court, the Treasury shall confiscate the loans or debts provided to political parties in violation of the Article 67 of this Law herewith; the Treasury shall bear no liability vis-à-vis the lender of the loan or debt.
    Where it is established that a political party has received revenues in violation of the principles stipulated in the Article 69 of this Law herewith from sources that have not been documented, the Treasury shall register such proceeds as revenue upon the decision of the Constitutional Court.
    Party’s assets, the amount of which corresponds to the undocumented quantity of expenses which should have been documented, shall be registered as revenue by the Treasury upon the decision of the Constitutional Court.

    Source: Article 76, Law on Political Parties, 1983, (as amended in 1999, Law No. 2820).

    Liquidation:

     If it is determined that a political party owns immovable properties in violation of the principles enshrined in the Article 68 of this Law herewith, such properties shall be liquidated by the political party upon the decision of the Constitutional Court and within the period set out by the Court.
    Source: Article 77, Law on Political Parties, 1983, (Law No. 2820).

     
    Decision of dissolution of a political party shall be made by the Constitutional Court where: [...]
    (c) a political party receives financial assistance from foreign states, international organisations and legal and natural persons without Turkish nationality.
    Source: Article 101 (c), Law on Political Parties, 1983, (as amended in 1999, Law No. 2820).

    Procedure applied where the requests of the Office of the Chief Prosecutor of the Republic for the Court of Cassation are not complied with:

    The political party, which does not submit the information and documents requested by the Office of the Chief Prosecutor of the Republic for the Court of Cassation for the purpose of monitoring the activities of the political parties within the determined period, shall be sent a second written notice by the Office of the Chief Prosecutor of the Republic for the Court of Cassation. In such notice it shall also be stated that in the case of not replying and executing the requests within the determined period, a case may be filed for dissolution of such party or deprivation of such party from the State aid partially or completely. If the request is not executed within the period determined in the second notice or not replied, the Office of the Chief Prosecutor of the Republic for the Court of Cassation may file a case ex officio at the Constitutional Court for deprivation of such party from the State aid partially or completely. The political party may object to such request of the Office of the Chief Prosecutor of the Republic for the Court of Cassation at the Constitutional Court.
    Source: Article 102, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820).

    Dissolution of the parties where there is contradiction to the prohibitions of the Constitution:

    Application for other reasons:

    If a political party is in contravention to the statutory provisions of the Law herewith other than Article 101 and to the statutory provisions of other Laws concerning the political parties, an ex officio application in writing shall be filed to the Constitutional Court by the Office of the Chief Prosecutor of the Republic for the Court of Cassation.
    In case the Court finds any contravention to the said provisions, the Constitutional Court shall pass a decision of warning against the political party and demand the correction of such contraventions.


    Source: Article 104, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820).

    Faliure to submit the required information to the Office of Chief Public Prosecutor of the Republic and the Constitutional Court:

    (a)The officials of a political party, who do not hand over the information and documents to be requested for the party registry that will be kept by the Office of the Chief Public Prosecutor of the Republic, or those who act in violation of the provisions laid down in the Article 102, shall be sentenced to a penalty of light imprisonment for a term of three to six months and light fine of fifteen million to thirty million liras,
    (b)The officials of a political party who act in violation of provisions laid down in the Article 74 shall be sentenced to a penalty of light imprisonment for a term of three to six months and a light fine of fifteen million to thirty million liras,
    (c) The officials of a political party who hinder the examinations and inquiries undertaken in accordance with the Article 75 as well as those who do not hand over the information asked for in accordance with the same Article shall be imprisoned for a term of six months to one year and sentenced to a heavy fine not less than sixty million liras,
    (d) Those party officials, who - by way of not complying with the warning decision given in accordance with the Article 104, deprive the political party partially or completely of the State Aid, and the officials of the political parties which do not benefit from State Aid shall be sentenced to a light imprisonment penalty for a term of three to six months.


    Source: Article 111, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820)

    Failure to keep the party books and records; falsifying, destroying or hiding the party books and records:

    A person, who does not keep the books and record mentioned in the Article 60 of this Law herewith, shall be imprisoned for a term of six months to one year; a person who falsifies or destroys or hides such books and records shall be imprisoned for a term of one to three years.

    Source: Article 113, Law on Political Parties, 1983, (amended 2018).

    Receiving illegal donation, loan or borrowing and lending:


    A person who -in violation of the provisions stipulated in this Law herewith- makes a donation to a political party or a party official who accepts such donations shall be imprisoned for a term of six months to one year.
    Persons who, in violation of the provisions of this Law, receive or lend a loan or credit as well as a party official who receives or lends the credit or loan shall also be subject to the provision indicated in the paragraph above.
    A party official, candidate or candidate for nomination, who accepts aid or donation from foreign states, international organisations, natural or legal persons without Turkish nationality, shall be imprisoned for a term of one to three years.

    Source: Article 116, Law on Political Parties, 1983, (Law No. 2820).

    Law on Basic Provisions of Elections and Voter Registers include some penal sanctions as follows:

    Vote buying

    Those who provide or promise to provide to one or more voters benefits or valuables or public or private positions or services and benefits in exchange for voting for him/her shall be punishable by prison terms from one year to three years. This provision shall apply even if such benefits promised or provided consists of the travel, food and beverage expenses of voters or in return of their services.
    A voter who has accepted the above-described Money, benefits, promises or services thereof shall be punishable by the same penalties.
    Penalties shall be doubled for those who have committed these offences by using threat or coercion  or violence.

    Source: Article 152, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1983, Law No. 298).

    Failure of the Prime Minister and Ministers to Observe Prohibitions

    Those who do not observe the prohibitions set in articles 64, 65 and 66 shall be punishable by prison terms from three months to one year.

    Source: Article 156, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2008, Law No. 298)

    Law on Presidential Election include one sanction related to campaign finance:

    The amount exceeding the limit stated for donations and aids and unused income shall be transferred to the Treasury.

    Source: Article 14§6, Law on Presidential Election, 2012 (Law No. 6271).

    NOTE: A law allowed for redenomination by the removal of six zeros from the Turkish lira in 2005. Please, read the amount of fines without millions.

     

    [...] an administrative fine from two percent up to five percent of total gross commercial communication revenue within the month preceeding the month when the violation is identified. The amount of the administrative fine shall not be less than one thousand Turkish Liras for radio enterprises and ten thousand Turkish Liras for television enterprises and on-demand media service providers. Additionally, as an administrative injunction, the broadcast of the programme subjected to the violation shall be decided to be suspended up to five times and as for on demand media services, the programme subjected to the violation shall be removed from the catalogue. By taking into consideration the nature of the violation, an administrative fine together with the administrative injunction may be imposed [...]

    The Supreme Council is authorized to impose an administrative fine or an administrative injunction in accordance with the provisions of this Law.

    Source: Article 31§1 and 8, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

  • Source

    Source: Article 76, Law on Political Parties, 1983, (as amended in 1999, Law No. 2820).
    Source: Article 77, Law on Political Parties, 1983, (Law No. 2820).
    Source: Article 101 (c), Law on Political Parties, 1983, (as amended in 1999, Law No. 2820).
    Source: Article 102, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820).
    Source: Article 104, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820).
    Source: Article 111, Law on Political Parties, 1983, (as amended in 2003, Law No. 2820)

    Source: Article 113, Law on Political Parties, 1983, (amended 2018).

    Source: Article 116, Law on Political Parties, 1983, (Law No. 2820).

    Source: Article 152, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 1983, Law No. 298).

    Source: Article 156, Law on Basic Provisions of Elections and Voter Registers, 1961 (as amended in 2008, Law No. 298)

    Source: Article 14(6), Law on Presidential Election, 2012 (Law No. 6271).

    Source: Article 31§1 and 8, Law on on the Establishment of Radio and Television Enterprises and Their Media Services, 2011 (Law No. 6112).

    Source: Gençkaya, Ömer F (2018) “Financing political parties and electoral campaigns in Turkey” in Sayarı, Sabri, Ayan Musil, Pelin and Demirkol, Özhan (eds) Party Politics in Turkey A Comparative Perspective, Routledge, London and New York.

Disclaimer: Maps presented do not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of International IDEA. Maps are used in order to add visual clarity to data.