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CHAPTER
ONE Objection Definitions (a) National Security; The protection and maintenance of the constitutional order, national presence, integrity, all political, social, cultural and economic interests in international field as well as against any kind of internal and external threats, of the State. (b) The State’s National Security Policy; The policy covering the principles of the course of internal, external and defense actions determined by the Council of Ministers within the views set by the National Security Council with the aim of ensuring national security and achieving national objectives, CHAPTER
TWO
PART
ONE
Establishment (Amended in the article No: 15th January, 2003-3789/1) The National Security Council, chaired by the President, consists of the Prime Minister, the Chief of General Staff, the Ministry of National Defense, the Ministry of Internal Affairs, the Ministry of Foreign Affairs, the Land Forces Commander, the Naval Forces Commander, the Air Forces Commander and General Commander of the Gendarmerie. As well as the regular attendees, depending on the agenda, related ministers and persons can also be invited to attend the Council meetings for their views. The Secretary General of the National Security Council participates in the meetings however does not have the right to vote. Duties PART
TWO Meetings
of The Council The Council meetings shall be held under the chairmanship of the President. The Council shall be chaired by the Prime Minister in the absence of the President. Agenda The topics proposed by the ministers who are the Council members and the other ministers to be put on the agenda, after taking the opinion of the Prime Minister, are submitted to the President through the Secretary General of the National Security Council. Decisions The decisions of the Council are submitted to the President and the Prime Ministry to be discussed at the Council of Ministers by the Secretariat General of the National Security Council. The
discussion of the decisions in the Council of Ministry Distribution
and steering of the decisions The
minutes of the meetings CHAPTER
THREE
PART
ONE
The
Secretariat General The
Units of the Secretariat General (a) Legal Advisory, (b) Main Services Units, (c) Personnel and Administrative Affairs Department Main Services Units are founded upon the proposal of the Secretary General and the ap-proval of the Prime Minister. If necessary, upon the proposal of the Secretary General and the approval of the Prime Minister, apart from the Main Service Units, temporary service units, special profession and research commissions, special education, planning and implementation units within the Secretariat General or not, can be established, stating the duties and the periods of service. To prolong the periods of service and working of these units is based on the same procedure. PART
TWO
(Repealed in the article No: 7th August, 2003,4963/26) The
Duty and Competences of the Secretariat General (a) Conducts the secretariat services of the National Security Council. (b) Carries out the duties given by the National Security Council and the relevant laws.
The Competences of the Secretariat General PART
THREE
Article 15 - (Amended in the article No: 7th August, 2003,4963/27) The Secretary General is appointed upon the proposal of the Prime Minister and the approval of the President. The positive opinion of the Chief of General Staff is to be sought in case a member of the Turkish Armed Forces is to be appointed to this post. Other
personnel (a) The ones to be assigned to the staff of the Secretariat General, (b) Contracted personnel, (c) The ones to be charged from the Turkish Armed Forces to the Secretariat General. (d) The personnel of the public institutions and organizations, subject to the 4th article of the Law No:160 on the foundation of the State Personnel Organization, who are assigned to the Secretariat General upon the proposal of the Secretary General and the approval of the Prime Minister. In the Secretariat General of the National Security Council, first degree staff is appointed by notification of the Secretary General and through joint decision; 2nd-4th degrees are appointed by proposal of the Secretary General and approval of the Prime Minister; 5th- 15th degrees are appointed by approval of the Secretary General. In case of a need for the appointment of the personnel in the Secretariat General to other public institutions, application is submitted to the Prime Ministry. The Prime Ministry determines the institutions and the establishments where these staff will be appointed to. The relevant institutions carry out appointment procedures in accordance with the general provisions. Special
provisions (Amendment: 17/12/2003-Article 5017/1 ) The staff of the Secretariat General of the National Security Council is established or abolished by the proposal of the Secretary General and the approval of the Prime Minister, with the supplementary charts determined in conformity with the general provisions. According to the additional item on wage raises and compensations annexed to the State Employee Law with 31.07.1970 no. 1327 Code, payment proportions without exceeding the maximum limits are determined by the proposal of the Secretary General and the approval of the Prime Minister. Members of the Turkish Armed Forces who will be appointed to the Secretariat General of the National Security Council are determined by joint decision of the General Staff and the Secretariat General of the National Security Council. Appointment process of officers and non-commissioned officers is executed under the principles of Turkish Armed Forces Staff Law no. 926. In case of a need, personnel working for other public agencies, mentioned in the 4th article of the Law No:160 on the foundation of the State Personnel Organization, may be employed at the Secretariat General of the National Security Council; provided that their employment matters are kept in their own institutions, their status on discipline, employment record and permissions are regulated by the Secretariat General, as long as the Prime Minister finds that such an employment is necessary. The difference is paid as compensation out of the Secretariat General budget to the personnel appointed to the Secretariat General of the National Security Council in accordance with the above 4th and 5th clauses, in case sum of the raise and compensation paid in their institutions is less than the sum of the payments given to the equal staff. The contracted personnel who will be employed at the Secretariat General of the National Security Council are not required to fulfill the conditions indicated Article 4 of the State Employee Law. Working conditions, principles of contracts, minimum and maximum payment limits determined without exceeding the ratios of the Council of Ministers, as well as principles of their social rights are arranged by a regulation. (Annex: 8/4/1990 - 417/1 article) The contracted personnel will be subject to the Retirement Fund on their will. In case of a need, financial contribution for clothing to some personnel of the Secretariat General of the National Security Council is made under the provisions of the State Employee Law no.657 with the proposal of the Secretary General and the approval of the Prime Minister. PART
FOUR The
working order Internal working conditions of the Secretariat General of the National Security Council and relations and working procedures with other ministries, establishments and institutions are arranged by regulations. Information
and Documents Budget
of the Secretariat General Regulation This regulation is prepared and enters into force within three months after the publication of the law. Repealed
Provisions PROVISIONAL ARTICLE 1 - Implementation of the ongoing decisions of the National Secu-rity Council functioning according to the repealed law no.129 and the national policy decisions accepted by the National Security Council will continue until the enforcement of the amendment and abolishment decisions of the National Security Council reorganized by this law. PROVISIONAL ARTICLE 2 - Until the enforcement of the regulation to be issued under the provision of 21st article, the implementation of the provisions of the regulation issued according to the National Security Law no.129 will be in force. PROVISIONAL ARTICLES 3 - Existing organization and staff of the Secretariat General of the National Security Council are regulated in accordance with the provisions of this Law. The personnel of the ministries, establishments and institutions working in the Secretariat General and all personnel including contractual employees can be tasked by the Secretary General, with their new staff and status, or appointed to the other public establishments and institutions with in the context of article 14. PROVISIONAL ARTICLE 4 - (Annex: 03-4963/28 article) In accordance with the arrangements in the National Security Council and the Secretariat General of the National Security Council Law dated 9.11.1983 no.2945, envisaged by this law, a regulation is issued within three months after the publication of this law with in the context of the principles of the 21st article of the law no. 2945. Entry
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