Istanbul -

The Turkish parliament's approval of the government declaring a state of emergency in 10 provinces, as a result of the devastating earthquake that struck the country at dawn last Monday, has sparked many speculations about the fate of the presidential elections scheduled for next May.

Given the approaching date of the supposed elections, the declaration of a partial state of emergency prompted observers to suggest the possibility of postponing the elections, but constitutional experts explained to Al-Jazeera Net that this could only be done in specific and clear circumstances in accordance with the constitution.

The Turkish authorities have announced that the aim of declaring a state of emergency is to facilitate relief for the afflicted and to contain the devastation caused by the earthquake, which measured 7.8 on the Richter scale. President Recep Tayyip Erdogan stressed that the application of the emergency law is a necessity that will also contribute to combating the beneficiaries of the disaster.

Turkey imposed a state of emergency to deal with the effects of the earthquake in 10 states (Getty Images)

exceptional powers

According to the Emergency Law, the powers that it grants exceptionally to the executive authorities include allowing the President of the Republic and the Council of Ministers to bypass Parliament with regard to enacting new laws or imposing restrictions on rights and freedoms or suspending them as they deem necessary.

The procedures include the need for citizens in the area - which are covered by the emergency law and whose ages range between 18-60 years - to abide by the tasks assigned to them.

Lawyer and constitutional law researcher at Marmara University Ferhat Küçük explained that Article 119 authorizes the government to impose a state of emergency in cases such as war and violence to destroy the constitutional order, epidemics, severe economic depression, as well as "natural disasters."

Kuchuk said - in a statement to Al-Jazeera Net - that the aim of declaring an emergency in the earthquake areas in general is to ensure that public institutions in the areas where the state of emergency was declared fulfill their obligations quickly and effectively.

He pointed out that, according to Law No. 2935 regarding the state of emergency, funds - and all types of movable and immovable property and works that need to be done to rescue the afflicted and to compensate for damages - can be provided through funds, property, and private and public work obligations.

Erdogan previously announced that the elections will be held on May 14 (Reuters)

Are there reasons for postponing the elections?

Regarding the availability of reasons for postponing the elections as a result of the declaration of a state of emergency, Attorney Kuchuk said that the constitutional and legal scope of this issue is already very clear, adding, "The most obvious aspect of it is that the elections are only postponed in the event of war or the inability to conduct them."

While the constitution left the government to estimate the state of emergency according to events on the ground, according to Kuchuk, the election schedule is not affected by the state of emergency, "except for war, and the state of emergency is not considered a reason to postpone the elections, and the wording of our constitution is very clear and only allows for the postponement of elections in the event of war." .

Constitutional and legal experts in the country are unanimous on the issue of not linking the state of emergency to postponing the elections.

And they all went - according to separate statements to local newspapers - that the exclusive reason for postponing the elections was the war.

"A state of emergency can always be declared with justification, but it cannot be a matter of postponing elections or not holding them. There is no article in the constitution stating the legality of not holding elections in such circumstances," says former Constitutional Court President Yekta Gungor Ozden.

For his part, the former member of the Joint Constitutional Committee in Parliament, Atilla Kar, explained that Article 78 of the constitution allows for a decision to postpone the presidential and legislative elections “if it is not possible to hold elections because of the war,” adding, “If elections become impossible, the House of Representatives may decide as the authority.” authorized to postpone elections for one year.

Kar pointed out that there will be some restrictions in the state of emergency, as this case actually occurred in 2018, which witnessed parliamentary and presidential elections under the state of emergency declared by the government against the background of the failed coup attempt in 2016.

The earthquake led to massive destruction in a large number of regions of Turkey (Al-Jazeera)

Go back to the original date

On the other hand, the Turkish writer Yusef Katabioglu expected - in an interview with Al-Jazeera Net - that the elections would be postponed after a state of emergency was declared in the areas affected by the earthquake, and added, "The elections may be postponed, at least in these areas, until the wounds are healed and those affected are compensated."

And he indicated that the affected area includes more than 13 million people who were directly affected by the earthquake, and millions more will be affected indirectly when those are transferred to other states.

Meral Aksener, chairwoman of "Al-Jid", one of the six-party opposition parties, suggested that the elections be postponed from the date that President Erdogan pledged to early elections, which is May 14, but she ruled out postponing them from their original date, which is June 18.