Les commissions électorales chargées de l?admininstration et le contrôle des élections en droit Turc dans le cadre jurisprudentiel / The permenant concils responsable for the administration and supervision of the election under the Turkish Electoral Law and jurisprudence

In the systems governing by representation, election is the fundamental politic activity. As a politic contest, the election must be realized in a democratic way, so that it is necessary to do the election relating some specific rules on election administration such as the determination of voters, the conditions of candidacy, limitations on election campaigns etc. also rules on supervision of election, like who can resolve the election disputes. Just this are the rules which make elections democratic and legitime. However, a comparative study shows that there are very different legislation on the admninistration and supervision of election. The most common practice is to empower two different organ for administration and supervision of election. Only in some Latin America country, the election courts fulfill this two function together.According to the Turkish election system, the administation and control of election is under responsability of election councils, created in 1950, and headed by The Supreme Election Council composed by the justices of Court of Appeal and Council of State. At the hierarchically formed election organisation, the senior concils also embody justice members. This organisation is layouted by 1982 Constitution like 1961 Constitution, in so doing, the election is constitutionnaly guarented. But, an institutional and functionnal analyse on the rules of this election organisation, responsable for the fairness and ordrely conduct of the election reveals that at some points this rules make inefficient the constitution guarantee. The decisions of Turkish Council of State, Court of Appeal, Court of Arbitrage, Counstitutional Court and even The Supreme Council of Election underline that at the fundament, there is a legally qualifing problem of election organisation.