3. Is there a ban on corporate donations to political parties? - Turkey

Country: 
Turkey
Question: 
3. Is there a ban on corporate donations to political parties?
Answer: 
No
Comments: 

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.