Turkish authorities have interpreted these extraordinary powers too extensively
The Venice Commission echoes criticism, finding “particularly worrying” that emergency legislation permits central authorities to appoint unelected mayors, vice-mayors and members of local councils, and exercise – without judicial oversight – discretionary control over the functioning of the concerned municipalities.
Local authorities are one of the main foundations of a democratic society.
the Venice Commission calls on Turkish authorities to take the following steps:
☪⚖ To repeal provisions introduced by the Decree Law N° 674 which are not strictly necessitated by the state of emergency, in particular concerning the rules enabling the filling of vacancies in the positions of mayor, vice-mayor, local council member, by the way of appointments;
☪⚖ To ensure that the application of the rules introduced by the Decree Law N° 674 is limited to the duration of the state of emergency, and that any permanent measures affecting local democracy are taken following the ordinary laws and procedures, after proper parliamentary debate;
☪⚖ To introduce provisions for adequate judicial review of the measures taken by the governorship in municipalities where special powers are instituted in their respect in the context of the fight against terrorism;
☪⚖ To provide adequate rules and framework for the reinstatement of suspended/dismissed local representatives in case the terrorism-related charges do not lead to a criminal conviction.