Question

Discuss Article 90 of the Constitution of Turkey within the framework of the hierarchy of sources of law.

“International agreements duly put into effect have the force of law. No appeal to the Constitutional Court shall be made with regard to these agreements, on the grounds that they are unconstitutional... In the case of a conflict between international agreements, duly put into effect, concerning fundamental rights and freedoms and the laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail”.

Answer 1

SOLUTION:-

* Article 90 of the constitution of turkey emphasize on ratification of international treaties.

* Any agreement regarding economic, technical, or community relations involving period, not more than 1 year have to be in the promulgation and ensure shouldn't have any financial commitments with the country. Also these agree must not affect the rights of the Turkish citizens in any way.

* If they do, they have to bring into the Turkish Grand National Assembly within two months of their promulgation.

* Agreements that are in connection with the implementation of any international treaty, technical, or administrative agreements which are briefed depending upon an authorization given by law would not require any of the approval from the Turkish Grand National Assembly.

* But those agreements which are affecting the economic, or commercial relations and private rights of individuals shall not be come into effect unless they are promulgated.

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