Re the Constitutionality of Law No 244
| Jurisdiction | Turquia |
| Date | 03 March 1965 |
| Court | Constitutional Court (Turkey) |
Treaties Conclusion and operation of Constitutional limitations When treaties require legislative approval Treaties implementing previous treaties Prior authority conferred by law The law of Turkey.
The Facts.This was a suit brought by the Turkish Labour Party challenging the constitutionality of certain provisions of Law No. 244 of 31 May 1963, concerning the conclusion, entry into force and publication of international treaties, as well as the provisions giving prior authorization to the Council of Ministers for the conclusion of certain types of treaties. The provisions of the Law the annulment of which was sought were as follows:
Article 2, paragraph three:
The ratification of and accession to treaties of implementation concluded by the Council of Ministers pursuant to an international treaty which does not effect a change in the laws of Turkey do not require an enactment for the approval of their ratification and accession even if the subject-matter of such treaties falls outside the economic, commercial or technical fields or they are made for a term of more than one year or involve a commitment of the State's finances or affect the status of individuals or the rights of ownership of Turkish citizens abroad.
Article 2, paragraph four:
The ratification of and accession to economic, commercial, technical or administrative treaties concluded by the Council of Ministers pursuant to an authorization given by law and which do not effect a change in the laws of Turkey do not require an enactment for the approval of their ratification and accession even if they are made for a term of more than one year or involve a commitment of the State's finances or affect the status of individuals or the rights of ownership of Turkish citizens abroad.
Article 3 (2):
The dates for the entry into force as regards Turkey of an international treaty or certain provisions of a treaty binding the Turkish Republic or a change in the sphere of application of an international treaty, for the suspension of its application, and for its termination are fixed by a decree of the Council of Ministers and published in the Resmi Gazete.
An international treaty acquires the force of law on the date provided for its coming into force in the decree concerning the fixing of the date for the entry into force of a treaty, mentioned in the preceding paragraph.
Article 3 (3), paragraph one:
Treaties of implementation of a technical or administrative nature concluded by the Council of Ministers pursuant to an international treaty, and treaties of a technical or administrative nature concluded by the Council of Ministers pursuant to an authorization given by law and falling outside those which in accordance with Article 2, paragraph two, are not brought to the attention of the National Assembly and the Senate of the Republic, which are not of an economic or commercial nature and do not affect the rights of individuals and do not effect a change in the laws of Turkey, may not be published. Publication of the decrees made under Article 3 (1) and 3 (2) concerning treaties which under this paragraph are not required to be published, is also not required.
The disputed part of Article 5:
The Council of Ministers has the power, in accordance with Article 2, paragraph four, to ratify or accede to bilateral or multilateral treaties providing aid to the Turkish Republic by grant, credit or any other means, bilateral or multilateral treaties of technical or administrative co-operation, bilateral or multilateral treaties for the deferment of payments or of commerce, and bilateral and multilateral modi vivendi.
Article 6:
The Council of Ministers has the power to ratify and accede to bilateral and multilateral treaties, in accordance with Article 2, paragraph four, concluded in connection with the North Atlantic Treaty which has been ratified by the Law dated 18 February 1952 and numbered 5886, with...
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