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“Amendments to the Law on Associations of Turkey are problematic on both procedural and substantive accounts”

Expert Council on NGO Law of the Conference of INGOs
Strasbourg 29 April 2020
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“Amendments to the Law on Associations of Turkey are problematic on both procedural and substantive accounts”

The Expert Council on NGO Law of the Conference of INGOs of the Council of Europe published an opinion that examines the compatibility with European standards of recently enacted amendments [1] to the Law on Associations of the Republic of Turkey (Law No. 5253, “Official Gazette”, No. 25649). The effect of these amendments is to require an association to notify the local administrative authority of any changes in its membership within thirty days or become liable to a penalty. The opinion concludes that the amendments to the Law on Associations are problematic on both procedural and substantive accounts. Thus, there was no ex-ante impact assessment and proper public discussion before their adoption, the sweeping membership notification requirement runs counter to the right to respect for private life and to freedom of association and the penalty that can be imposed fails to meet the legality and proportionality requirements under Article 11 of the European Court of Human Rights.

The Expert Council on NGO Law thus recommends that eh provisions that have been amended should be substantially revised so that any notification requirement and any penalty imposed for non-compliance with it are consistent with European standards.

 

[1] “Official Gazette” No. 31080, first repetitive version, March 26, 2020

 

Full version: Expert Council on NGO Law - Opinion on the compatibility of amendments to the Turkish law on associations with European standards - ENGLISH / TURKISH