The Republic of Turkey is a democratic, secular and social state governed by the rule of law (Article 2 of the Constitution). The Turkish State is an indivisible whole with its country and nation (Article 3 of the Constitution).
Legislative power is vested in the Turkish Grand National Assembly (TGNA) and this power cannot be delegated (Article 7 of the Constitution). The executive power and duties are carried out by the President and the Council of Ministers (Article 8 of the Constitution), and judiciary power is exercised by independent courts (Article 9 of the Constitution). The TGNA comprises 550 deputies designated in elections held every four years. The current President, Recep Erdogan, along with the ruling AK party plans to revise the constitution to strengthen the role of the President vis-à-vis the prime minister and parliament, meaning that changes to the political system of Turkey could be imminent.[1]
The organisation of the administration of the Turkish State is based on principles of central administration and decentralisation (Article 123ff. of the Constitution). The system is therefore organised in a two-tier structure, with central and local government. The central administration consists of central bodies (ministries, agencies), with its de-concentrated but centrally appointed (by the central government[2]) branches disseminated on the territory. This administrative de-concentration divides Turkey into 81 provinces and, under these, 957 districts. The administration of the provinces is based on the principle of devolution of powers (Article 126 of the Constitution). On the other side, the local administration is organised in three autonomous types of local government which are locally elected: special provincial administrations, municipalities and villages. There are 81 special provincial administrations, one in each province – the governors of provinces are appointed by the ministry of interior. In addition, there are currently approximately 1,394[3] municipalities– down from over 2,400 since many town municipalities were merged into district centres in a local government reform in 2013[4] – and 18,247 villages. The municipalities are organised in several types: metropolitan municipalities (30 overall), province capitals (51 overall), district municipalities (519 in metropolitan municipalities, 400 in other provinces), and town municipalities (394). . Each district also hosts its municipality, while in many small settlements are organised as town municipalities. The criteria to establish a new municipality is to have at least 5,000 inhabitants, while the number of 750,000 inhabitants is required for establishing a new metropolitan municipality.
Administrative regions as such do not exist in Turkey, the geographically largest administrative entities are provinces. At province level both the institutions of devolved state administration and the institutions of self-government co-exist, which may sometimes lead to confusion. In fact, while the special provincial administration is a local government according to the Constitution and has an elected assembly (provincial general assembly), its executive body is headed by the governor of the province. Thus, the governor is an agent of the central state with two simultaneous functions: they are appointed by the central government which they represent in the province and also chairs the executive of the special provincial administration.
Local elections (for provincial or municipal assemblies or village headmen and aldermen) take place every five years through proportional representation system. Mayors are elected directly by people for a five-year term. In metropolitan municipalities, which have a two-tier structure (metropolitan municipality and district municipalities under it, with a defined division of competences between the two), the metropolitan and district mayors are elected directly, while the metropolitan assembly is not elected, but composed of representatives of district assemblies. All types of municipalities as well as provincial administrations have their own budgets.
The municipalities have three organs: assembly, executive committee and mayor. The municipal assembly is the highest decision-making body and meets once per month. The executive committee is comprised of representatives of the assembly and of the municipal administration and meets once per week. It is both a deliberative and executive organ. The mayor is the highest representative of the municipality and chairs both the assembly and the executive committee.
Municipalities consist of several neighbourhoods, each of which has its own basic administration consisting of a headman (muhtar) and an assembly of aldermen. The latter are elected for a five-year term and have an advisory function.
Villages represent the smallest form of local administration in rural areas and usually have a population of 150 to 5,000 inhabitants. The local administration of a village consists of a headman (muhtar) and an assembly of aldermen.
Despite the ongoing decentralisation process, the pre-eminence of the central administration over local government through administrative tutelage is guaranteed by Article 127 of the Constitution, which states that: “the central administration has the power of administrative tutelage over local authorities within the framework of principles and procedures set forth by law, with the objective of ensuring the functioning of local services in conformity with the principle of the integrity of the administration, securing uniform public service, safeguarding the public interest and meeting local needs in an appropriate manner”.
The Turkish administrative system is based upon certain fundamental political and legal principles stated in the Constitution of 1982. However, this Constitution has been subject to many amendments in the last 30 years. Its latest significant amendments were adopted after the constitutional referendum of 2010. The other main acts forming a legal basis for local authorities are provided by the Law on Municipalities (Law N° 5393), the Law on Special Provincial Administration (Law N° 5302), the Law on Unions of Local Authorities (Law N° 5355) adopted in 2005 and the Law on Metropolitan Municipalities (Law N° 5216) of 2004.
The revenues of local governments (provincial administrations and municipalities) consist mainly of subsidies from the central government and own revenues. According to the Law on Tax Revenue Shares for Special Provincial Administrations and Municipalities (Law N° 5779 of 2008), out of the overall national tax collection, 2.85% goes to municipalities other than metropolitan ones, 2.5% goes to district municipalities in metropolitan areas, 1.15% goes to special provincial administrations. Moreover, metropolitan municipalities receive 5% of the taxes collected in their territory as well as 30% of the subsidies received by their district municipalities.[5] The proportion of the central government’s subsidies to own revenues in a budget varies from municipality to municipality. Thus while the main parts of metropolitan municipalities’ and special provincial administrations’ overall budgets come from the central government, in many district municipalities own revenues are predominant[6].
The respective assemblies of local governments prepare and adopt their budgets, without approval by the central government.
1.1. Central level
Central administration and de-concentrated branches
The central level has the legislative power in all areas (the Constitution delegates this power to the Turkish Grand National Assembly (TGNA) and this power cannot be further delegated (Article 7 of the Constitution).
The central level is in charge of:
- State policy;
- State budget;
- Law and order;
- Monetary policy;
- National defence;
- Foreign policy;
- National transportation;
- Water and forestry resources;
- Energy policy;
- Health policy;
- Educational policy;
- Employment policy;
- Economic development;
- Trans-European networks policy; and
- Agricultural policy.
1.2. Local level
Provincial government
The special provincial administrations have the duty to do the following provided that they are of a local and common nature (Article 6 of the Special Provincial Administration Act):
- Within provincial boundaries:
- Services related to youth and sports
- Services related to health;
- Services related to agriculture;
- Services related to industry and trade;
- Environmental arrangement plan of the province;
- Public works and settlement;
- Conservation of soil;
- Prevention of erosion;
- Culture;
- Arts;
- Tourism;
- Social services and aids;
- Granting micro loans to the poor;
- day care centres and orphanages;
- Procurement of plots of lands for primary and secondary education schools; and
- Construction, maintenance and repairs of buildings.
- Outside provincial boundaries: services related to:
- Land development planning and control9;
- Roads;
- Water;
- Sewage;
- Solid wastes;
- Environment;
- Emergency assistance and rescue;
- Supporting forest villages;
- Afforestation; and
- Establishment of parks and gardens.
Municipal government
Functions of Municipalities (Article 14 of the Law on Municipalities):
- Urban infrastructure: development of the region, water and sewage system and transportation, geographical and urban data systems;
- Environment and environmental health;
- Cleaning and solid waste;
- Security forces, fire brigade, emergency aid, relief services and ambulance;
- City traffic;
- Funeral and cemetery services;
- Forestry, parks and greens areas;
- Housing;
- Culture and artworks;
- Tourism and presentation;
- Youth and sporting activities;
- Social aid and aid services;
- Marriage ceremonies;
- Professional trainings and services aimed at development of economy and commerce;
- Pre-elementary school education centres;
- Maintenance and repair of school buildings belonging to the central government;
- Opening and operation of health facilities;
- Protection of cultural and natural resources and places having historical value; and
- Providing equipment and support to students and amateur sport clubs.
Functions of Metropolitan Municipality (Article 7 of the Law on Metropolitan Municipalities): within the limit of the metropolitan area:
- Metropolitan municipality’s strategic plan;
- Urban implementation plans, land development plans, plotting plans;
- Issue permits to and inspect businesses in metropolitan zones;
- Draw up and implement the metropolitan transport master plan, plan and coordinate transport and public transport services;
- Build, maintain and repair squares, boulevards, avenues and main roads within the metropolitan municipality’s purview;
- Set up geographic and urban information systems;
- Protection of the environment, agricultural land and water basins;
- Issue permits to and inspect grade on polluting business;
- Municipal police services in areas under the metropolitan municipality’s authority;
- Build and operate license passenger and freight terminals;
- Build and operate social facilities, regional parks, zoos, animal shelters, libraries, museums, sporting, leisure and recreational facilities;
- Build premises and facilities for healthcare, educational and cultural services;
- Conservation of cultural and natural assets;
- Metropolitan public transport services;
- Water supply and sewer services;
- Build and operate cemeteries areas;
- Build and operate wholesale food markets and slaughterhouses
- Metropolitan-level plans and other preparations relating to natural disasters;
- Manage and develop healthcare centres, hospitals, mobile healthcare units and social and cultural services;
- Install and operate central heating systems; and
- Evacuate and demolish buildings constituting a danger.
Bibliography:
A collective work of Dexia Crédit Local Research Department, Sub-national governments in the European Union – Organisation, responsibilities and finance, Dexia Ed., La Défense, 2008.
Constitution of Turkey,.
Council of European Municipalities and Regions
Law on Municipalities, Law N° 5393, dates from 03.07.2005.
Law on Special Provincial Administration, Law N° 5302, dates from 22.02.2005.
Law on Metropolitan Municipalities Law N° 5216, dates from 10.07.2004.
Law on Tax Revenue Shares for Special Provincial Administrations and Municipalities, Law N° 5779, dated 02.07.2008.
Law on Unions of Local Authorities (Law N° 5355).
Under the supervision of Professors Michael Keating and Jacques Ziller, Study on the Division of Powers between the EU, the Member States and regional and Local Authorities, European University Institute, Florence, 2008.
Turkish Statistical Institute. Belediye Başkanı İstatistikleri. http://www.tbb.gov.tr/belediyelerimiz/istatistikler/belediye-baskani-istatistikleri/
United Nations. Assessment of Public Administration in Turkey. http://unpan1.un.org/intradoc/groups/public/documents/un/unpan031588.pdf
[1] See, for example: http://www.al-monitor.com/pulse/tr/contents/articles/originals/2015/02/turkey-erdogan-presidential-system-campaign.html
[2] http://unpan1.un.org/intradoc/groups/public/documents/un/unpan031588.pdf
[3] http://www.tbb.gov.tr/belediyelerimiz/istatistikler/belediye-baskani-istatistikleri/
[4] http://www.resmigazete.gov.tr/eskiler/2012/12/20121206-1.htm
[5] https://www.archives-ouvertes.fr/halshs-00800106/document
