An Analysis of the Amendments to the Constitution of the Republic of Turkey In 2004 within the Framework of the European Union Acquis
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Abstract
Within the framework of the European Union harmonization efforts in Türkiye, Articles 10, 15, 17, 30, 38, 87, 90, 131, and 160 of the 1982 Constitution were amended on May 7, 2004, and Article 143 was abolished. These amendments, which are highly significant in terms of fundamental rights and freedoms, incorporated the principle that men and women have equal rights into the Constitution through the amendment of Article 10. It was also established that the state is responsible for ensuring the implementation of this equality. Most importantly, the death penalty was abolished from the 1982 Constitution. Furthermore, press tools were placed under constitutional protection, along with the provision that press tools like printing houses and their extensions, cannot be seized, confiscated, or prevented from operating on the grounds of being instruments of crime. To clarify these issues, this study analyses each of the amendments to the 1982 Constitution in 2004. As described above, the articles of the Constitution of the Republic of Türkiye, dated November 7, 1982, and numbered 2709, have been significantly amended within the framework of the European Union Acquis. Each amendment is positively evaluated in terms of protecting fundamental rights and freedoms in Türkiye and granting more human rights. Furthermore, it is a well-known fact that the 2004 constitutional amendment has made significant contributions to aligning Türkiye’s legal regulations with the European Union legal system. The main purpose of the study titled “An Analysis of the Amendments to the 1982 Constitution in the Context of Türkiye’s Compliance with European Union Law” is to thoroughly determine the extent to which the 2004 constitutional amendments align Türkiye’s legal regulations with the European Union Acquis. This study was prepared by utilising the Official Gazette and copyrighted works. This article is a qualitative study, employing the document analysis technique