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ABSTRACT
This article examines the Turkish National Security Council's (NSC's) constitutional status within the executive organ of the state. It surveys security councils of 31 countries to demonstrate the peculiarity of the NSC's status. It explores how the constitutional articles on the NSC were developed in the making of the 1961 and 1982 Turkish Constitutions. It examines the discussions in constituent assemblies, draft constitutions and reasoned reports of constitutional commissions in order to ascertain the motives behind the establishment of this tutelary council. The paper also offers insights into the importance and meaning of reforms that the NSC has undergone since 2001.
Disclosure statement
No potential conflict of interest was reported by the author.
Notes on contributor
Assist. Prof. Dr Ayşegül Kars Kaynar currently teaches at Hakkari University. She completed her master studies in the City University of London and received her PhD degree from the Political Science Department of Middle East Technical University in Ankara. She has been researcher in Humboldt Universität zu Berlin and New School for Social Research (New York). Her research interests involve contemporary Turkish politics, legal studies, securitization policies, and civil–military relations. Her articles have been published in Armed Forces and Society and in Turkish peer-reviewed journals.
Notes
1 Greenwood, “Turkish Civil-Military Relations,” 39.
2 Şarlak, “National Security Council,” 92.
3 Güler and Bölücek, “Motives for Reforms,” 251; and Born et al., “Civilians and the Military in Europe,” 3–5.
4 Rizvi, National Security Council, 9.
5 Sezen, “Milli Güvenlik Kurulu üzerine,” 63.
6 Satana, “Civil-Military Relations,” 280–7.
7 Bruneau, Matei, and Sakoda, “National Security Councils,” 256–7.
8 Pintea, “National Security Council,” 7–8.
9 Ibid., 11.
10 Spain's NSC was established in 2013 and assumed the functions of the Government Commission for Crisis Situations.
11 In 1956, the National Defense Council was established. In 1986, it was replaced by the Security Council. In 2013, the Security Council was superseded by the NSC.
12 Article 119 of the 1991 Constitution of Romania (as amended in 2003). Chamber of Deputies, “Constitution of Romania”.
13 Article 5 of the Law 415/2002. Voinescu, “The Supreme Council,” 130–1.
14 Ibid., 129.
15 President of Estonia, “Constitution”.
16 Article 3 of the National Defense Act (2015). State Gazette, “National Defense Act”.
17 Zbořil, “Constitutional Foundations,” 2.
18 Articles 106 and 107 of the 1980 Constitution of Chile (after amendments in 2005). Constitute Project, “Chile's Constitution”.
19 Constitute Project, “Georgia's Constitution”.
20 Article 2 of the Law of Georgia on the CNS. Geneva Centre for the Democratic Control of Armed Forces, “The Law of Georgia”.
21 Article 274 of the 1976 Constitution of Portugal. Constitute Project, “Portugal's Constitution”.
22 Sezen, “Milli Güvenlik Kurulu üzerine,” 64.
23 In the 1979 Constitution of Iran, executive power is regulated in Chapter 9 by Articles 113–51; and it comprises of the presidency, the president and the ministers, and the army and the Islamic Revolution Guards Corps. The SCNS, on the other hand, is organized separately in Chapter 13 and regulated by Article 176. Constitute Project, “Iran (Islamic Republic of)'s Constitution”.
24 Article 176 of the 1996 Constitution of Ukraine. Constitute Project, “Ukraine's Constitution”.
25 Chiumak, “The National Security Council,” 193.
26 Ibid., 188.
27 For instance Hale, Turkish Politics, 173; İnsel, “MGK hükümetleri,” 15; and Soysal, 100 soruda anayasanın, 235.
28 Parla, Türkiye’de anayasalar, 86.
29 Kardaş, “Askeri gücün anayasal,” 295–6.
30 Shambayati, “A Tale of Two Mayors,” 258.
31 Shambayati, “Courts,” 289.
32 The Law no 129 on the NSC, published in Official Gazette (no 11286) on 19 December 1962.
33 The Law no 2945 on the NSC and NSC Secretary General, published in Official Gazette (no 18218) on 11 November 1983.
34 Şarlak, “National Security Council,” 91.
35 The Law no 5399 on the HCND, published in Official Gazette (no 7223) on 3 June 1949.
36 Aybay, “Milli Güvenlik kavramı,” 73; Güler and Bölücek, “Motives for Reforms,” 257; and Urhan and Çelik, “Perceptions of ‘National Security’,” 11.
37 Sezen, “Milli Güvenlik Kurulu üzerine,” 68–70.
38 Şarlak, “National Security Council,” 91.
39 Duran, İdare hukuku, 130.
40 Akgüner, 1961 Anayasası’na göre, 221; and Balcı, MGK ve demokrasi, 93.
41 Aybay, “Milli Güvenlik kavramı,” 79; Tanilli, Devlet ve demokrasi, 473.
42 Özbudun, “Democratization,” 193; and Yazıcı, Demokratikleşme sürecinde Türkiye, 85.
43 Erdal, “National Security,” 36.
44 Şarlak, “National Security Council,” 92.
45 The Directive of the NSC and NSC Secretary General no 6/1645, published in Official Gazette (no 11422) on 7 June 1963.
46 Greenwood, “Turkish Civil-Military,” 39.
47 European Commission, 1998 Regular Report, 14.
48 European Commission, 1999 Regular Report, 10; and European Commission, 2000 Regular Report, 14.
49 The Law no 4963 concerning the amendment of laws, published in Official Gazette (no 25192) on 7 August 2003.
50 Article 24 of the Law no 4963 concerning the amendment of laws, published in Official Gazette (no 25192) on 7 August 2003, amended Article 4 of the Law no 2945 on the NSC and NSC Secretary General, published in Official Gazette (no 18218) on 11 November 1983.
51 Article 26 of the Law no 4963 concerning the amendment of laws, published in Official Gazette (no 25192) on 7 August 2003, amended Article 13 of the Law no 2945 on the NSC and NSC Secretary General, published in Official Gazette (no 18218) on 11 November 1983.
52 Article 35 of the Law no 4963 concerning the amendment of laws, published in Official Gazette (no 25192) on 7 August 2003, annulled Article 9 of the Law no 2945 on the NSC and NSC Secretary General, published in Official Gazette (no 18218) on 11 November 1983.
53 Amended Article 4 of the Law no 2945 on the NSC and NSC Secretary General, published in Official Gazette (no 18218) on 11 November 1983.
54 Article 25 of the Law no 4963 concerning the amendment of laws, published in Official Gazette (no 25192) on 7 August 2003.
55 The NUC that initiated the coup was consisted of 38 members. Meantime, one soldier resigned and 14 soldiers were liquidated in November 1960. Therefore, the NUC that formed the military chamber of the Constituent Assembly had 23 members.
56 The members of the İstanbul Commission were Hıfzı Veldet Velidedeoğlu, Hüseyin Nail Kubalı, Ragıp Sarıca, Naci Şensoy, Tarık Zafer Tunaya, İsmet Giritli, İlhan Arsel, Bahri Savcı and Muammer Aksoy (last three were from Ankara University).
57 Özbudun, “Turkey's Search,” 40.
58 The other members of the Constitutional Commission were Emin Paksüt, Muammer Aksoy, Turan Güneş, Tarık Zafer Tunaya, Coşkun Kırca, Amil Artus, Doğan Avcıoğlu, Münci Kapani, Mümin Küley, Ragıp Sarıca, Bahri Savcı, Celal Sait Siren, Mümtaz Soysal, Cafer Tüzel, Hıfzı Veldet Velidedeoğlu, Abdülhak Kemal Yörük, Sadık Aldoğan, Nurettin Ardıçoğlu and Hazım Dağlı.
59 Gözler, Türk anayasa hukuku, 69.
60 Tanör, Osmanlı-Türk anayasal, 374.
61 Yüksek öğretim üyelerinden kurulu, 38.
62 The NDC was accompanied by other assistive bodies in the İstanbul Draft. They were the Council of National Economics and the Council of the State. See Sarıca, Anayasa Komisyonu Tarafından, 14.
63 Siyasal Bilgiler Fakültesi İdari İlimler, 40.
64 Türkiye Cumhuriyeti anayasa tasarısı ve Anayasa Komisyonu raporu (5/7), 40.
65 Member of the House of Representatives.
66 Ibid.
67 Temsilciler Meclisi Tutanak Dergisi; 20 April 1961; Meeting: 49, Session: 4, 568.
68 Member of the NUC.
69 Ibid.
70 Milli Birlik Komitesi Tutanak Dergisi; 14 May 1961; Meeting: 85, Session: 1, 17.
71 Member of the NUC.
72 Milli Birlik Komitesi Tutanak Dergisi; 17 May 1961; Meeting: 87, Session: 3, 30.
73 Temsilciler Meclisi Tutanak Dergisi; 20 May 1961; Meeting: 70, Session: 1, 490.
74 Members of the NSB were the CGS Kenan Evren, Commander of the Land Forces Nurettin Ersin, Commander of the Air Forces Tahsin Şahinkaya, Commander of the Naval Forces Nejat Tümeri and Commander of the Gendarmerie Forces Sedat Celasun.
75 Türkiye Büyük Millet Meclisi Anayasalar Sitesi, “1982 Anayasası”.
76 Members of the Constitutional Commission of the Consultative Assembly were Feyzi Feyzioğlu, Feyyaz Gölcüklü, Şener Akyol, Turgut Tan, Tevfik Fikret Alparslan, Hikmet Altuğ, Kemal Dal, Feridun Ergin, İhsan Göksel, Rafet İbrahimoğlu, Mümin Kavalalı, Recep Meriç, Teoman Özalp and Muammer Yazar.
77 The Constitutional Commission sent the draft constitution to the Consultative Assembly on 17 July 1982 without its reasoned report. The reasoned report was submitted only on 30 July 1982, which caused a delay in the talks.
78 Members of the Constitutional Commission of the NSB were Feridun Balatlıoğlu, İlhan Köseoğlu, Zeki Güngör, İsmet Onur, and Ersin Eserol. See Türkiye Cumhuriyeti anayasa tasarısının Danışma Meclisince, 93.
79 Türkiye Büyük Millet Meclisi Anayasalar Sitesi, “1982 Anayasası”.
80 Türk, “Ana çizgileriyle 1982 anayasa,” 70.
81 Türkiye Cumhuriyeti anayasa tasarısı (1/463), 34.
82 Çelik, Osmanlı’dan günümüze, 246.
83 Member of the Consultative Assembly.
84 Ibid.
85 Danışma Meclisi Tutanak Dergisi; 3 September 1982; Meeting: 142, Session: 2, 493–4.
86 Ibid., 494.
87 Ibid., 495–6.
88 The Article 134 also stated that the agenda of the NSC should be drawn up by the president taking into account the proposals of the prime minister and the CGS. In the absence of the president, the NSC should meet under the chairmanship of the prime minister.
89 Member of the Consultative Assembly.
90 Danışma Meclisi Tutanak Dergisi; 15 September 1982; Meeting: 151, Session: 1, 367.
91 Ibid., 368.
92 Member of the Consultative Assembly.
93 Ibid.
94 Danışma Meclisi Tutanak Dergisi; 15 September 1982; Meeting: 151, Session: 1, 369–70. Concerning this word change, the reasoned article of the Consultative Assembly stated that “[O]ur recent history is replete with the tragic examples of the situations that we faced, when these decisions were not enforced.” See Alan, “Türkiye Cumhuriyeti Anayasası,” 225.
95 Milli Güvenlik Konseyi Tutanak Dergisi; 18 October 1982; Meeting: 118, Session: 1, 382.
96 Akgüner, 1961 Anayasası’na, 222.
97 Özdemir, Rejim ve asker, 16.
98 Danışma Meclisi Tutanak Dergisi; 3 September 1982; Meeting: 142, Session: 3, 498–9 and Danışma Meclisi Tutanak Dergisi; 15 September 1982; Meeting: 151, Session: 1, 368–9.
99 Sezen, “Milli Güvenlik Kurulu üzerine,” 79.
100 Akay, Security Sector in Turkey, 11.
101 European Parliament, European Parliament Resolution, paragraph 8.