Akdeniz Üniversitesi Hukuk Fakültesi Dergisi

Öz

One of the reasons for the termination of the duties of parliamentarians is resignation. Resignation is a unilateral legal act through which an individual voluntarily terminates their status; however, when it comes to political representatives, the legal validity of this act may be subject to different conditions. İn this study, the resignation processes of parliamentarians are examined by comparing the constitutional regulations, legal procedures, and practices of different countries. Similarities and differences regarding the legal nature, validity conditions and consequences of parliamentarians' resignations have been analyzed, and the reasons underlying the approaches that legally prohibit resignation or attach certain conditions to it have been examined. In addition, whether parliamentarians can be prevented from giving up their right to representation of their own free will, the meaning of the act of resignation in the context of theories of representation and different perspectives on this process are evaluated. In the study, answers were sought to the questions of under what conditions the act of resignation creates a direct impact, whether it is subject to an acceptance mechanism, and at what stage the resignation becomes legally valid. In countries where the constitution includes various provisions regarding the resignation of the head of state, prime minister, ministers, and even members of the judiciary, but lacks any regulation concerning the resignation of parliamentarians, the process of how resignations are handled has also been investigated. Issues such as the legal validity of blank resignation letters signed by parliamentarians to the parties they belonged to before their election, resignation requests received under political pressure, and the period of time in which such resignation requests can be revoked were also evaluated in line with the approaches of the Venice Commission and the European Court of Human Rights. While examining the extent to which the principles emphasized by the Court align with the practices of the State parties in the functioning of the resignation procedure, criticisms regarding the unilateral act of subjecting resignations to the approval of another authority are also addressed. In conclusion, it was emphasized how the balance between the right to representation and the right to resign can be maintained, the need to eliminate legal gaps regarding the resignation of parliamentarians, and the need to regulate resignation processes in a more transparent manner.