Turkey: Health Industry Regulations In The New Presidential Government

Last Updated: 16 November 2018
Article by Hande Hançar Çeli̇k and Dicle Doğan

As a result of the referendum, held on April 16, 2017, an amendment has been made on Constitution and transition has been made to Presidential Government System. The most fundamental feature of this system is; the transfer of all executive authorities to the President with the annulment of the office of Prime Ministry. The President has become both the head of state and the head of executive power. On the other hand, although TBMM is still the fundamental legislative body, it shares this authority with the President and the President, relying on authority, directly derived from the Constitution, is authorized to issue Presidential Decrees (PD), without the need to adoption of an authorization law by the National Assembly (limited to economic, social and cultural rights fields).

On the other hand, since the head of execution is determined as the President alone; the Council of Ministers have been annulled and the Presidential Cabinet have assumed the office of Council of Ministers. Indeed, the provisional article 21 of the Constitution regulates this matter as follows:

F) The Decree-laws, By-laws, Regulations and other regulatory acts issued by the Prime Ministry and the Council of Ministers in force at the time of the entry into force of this Law [the Constitution numbered 2709] shall remain in force until their abolishment. The application of Article 152 and 153 [Articles of the Constitution titled as Claim of unconstitutionality before other courts and Constitutional Court Decisions] regarding the Decree-Laws in force shall continue.

G) The powers given to the Prime Ministry and the Council of Ministers by laws and other legislation shall be used by the President until amendments are mare to the relevant legislation.

With the effective date of the new system, first of all, under the Decree Law, numbered 703, the laws concerning organization and duties of certain ministries and duties, have been annulled and the organizations of certain ministries have been merged. Accordingly:

  • With the revision on the organizational laws of Ministry of Family and Social Policies and Ministry of Labour and Social Security, the two ministries have been merged as, "Ministry of Family, Labour and Social Services."
  • Ministry of Finance has been merged with Undersecretariat of Treasury under the name, "Ministry of Treasury and Finance".
  • Ministry of Transportation, Maritime and Communication, has been named as Ministry of Transportation and Infrastructure.
  • Ministry of Customs and Commerce and Ministry of Economy have merged to create Ministry of Commerce.
  • Ministry of Development has been annulled and most of the duties and authorities of this Ministry have been transferred to Presidency of Strategy and Budget and some have been granted to Ministry of Industry and Technology.

Other than this, various state organizations have been annulled and re-organized with PDs and Decree Laws. The revisions, made with PDs and Decree Laws, are essentially changes made for compliance with the Government regime change in Constitution, consisting of changes to reflect changes in the affiliated Ministries of these institutions or the transfer of the authority, previously granted to Cabinet of Ministers to Presidency.

The impact of the new system on the industry

When we examine the PD, numbered 1 and the Decree Law, numbered 663, we see that the authorities and duties of the Ministry of Health have remained basically the same. There are no essential changes concerning this issue. Here, the most important change, in compliance with new system, is the specification that the rules and procedures for determination of pharmaceutical prices, would be determined by the President, not by Cabinet of Ministers.

Currently, the fundamental legislation concerning determination of pharmaceutical prices, is the Decree concerning Pricing of Human Medicinal Products, dated February 24, 2017 (Pricing Decree) by the Cabinet of Ministers and this Decree will remain valid until a new legislation is introduced according to the above-mentioned temporary article 21 of the Constitution.

The duties and authorities of the President of the Turkish Medicines and Medical Devices Agency, established under the Ministry of Health have been regulated in greater detail and on the other hand, the Agency has been authorized to order construction of service building and healthcare facility, encouragement of the use of medical products and services, establishment of foreign healthcare service units and encouragement of the use of medical products and services.

The powers given to the Agency are considered to be in line with the prioritization to the local manufacture prominent in the recent years.

Social Security Institution has been re-organized with PD, numbered 4, yet no changes have been made in its organizational structure and function. The name of the Ministry, to which SSI is attached, has been changed as "Ministry of Labour, Social Services and Family," yet it still preserves its public legal entity and is financially autonomous. No changes has been made in the service units of the Institution.

Many duties of Ministry of Development have been transferred to Presidency of Strategy and Budget and the duties on the preparation and follow-ups of development plans in line with the fundamental objectives, principles and purposes determined by the President will be performed by this Presidency. Within this context, it can be said that the Presidency of Strategy and Budget will play an important role in government's pharmaceutical purchases and expenditures and investments to be made to new technologies in the health industry.

The new duties of the Ministry of Industry and Technology are as follows:

  • Incentives to regulate the operations of the private industry and foreign capital activities in compliance with plan targets and objectives
  • To prepare development programs in regional or industrial basis
  • To provide coordination of development agencies and to conduct the works and procedures concerning the same,
  • To prepare policies, targets and strategies for information society, in this field, to provide coordination between public institutions and establishments, non-governmental organizations and private industry and to effectively manage the implementation.

In addition to the work of the above-mentioned ministries and the regulations to be amended, it is foreseen that the activities of the Policy Boards will be shaping the health industry.

With Presidential Decree, numbered 1, Policy Boards on certain issues have been established to collaborate with the President and to fulfil the directives of President and their fundamental duties have been determined as to provide opinions to public institutions and establishments for issues within their own field of duty and by obtaining the opinions of Ministries, institutions and establishment, civil society and industry representatives, experts in the field and other related persons, to monitor the applied policies and developments and to provide report to the President in studies.

Among the Presidential Board, important ones are "Science, Technology and Innovation Policies Board," "Health and Foodstuffs Policies Board" and "Economic Policies Board." It is expected that these Policy Boards contribute during the regulation preparation of Ministries in order to fulfil the objectives of the President.

Next steps

Since, all these legislations have not been adapted to this new system, within this transitional period, it is contemplated that there may be certain delays with respect to processes, involving Ministries. However, it is stated that the legislation will be made compliant with new system by the end of the year.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Dicle Doğan
Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions