Independent regulatory authorities in Turkish public administration

Abstract

First examples of institutions called as independent regulatory authorities or agencies and being outside of the classic administrative structure have emerged in Anglo-Saxon countries. Starting from 1970s, these institutions have also started to be given place also in some countries in continental Europe.Together with the influence of globalization process and developments occurring in the field of public administration in 1980s, regulatory functions of the government became prominent. In this process, independent regulatory authorities began to spread rapidly as new actors of this function. While weakening the state as an economic actor, liberalisation and privatization policies, strengthened the regulatory role of the state since 1980s in Turkey. To play this new role, independent regulatory authorities began to show presence as administrative institutions carrying unique features in terms of structuring and staying outside of the classical organization of administration. Independent regulatory authorities also undertook the role of minimizing the problems emerging due to populist attitudes of governments and loosening the ties between politics and economics in especially strategically important areas (energy, capital market, banking business). The common feature of these authorities is considered as being autonomous administrative units undertaking “regulation†and “supervision†activities in the fields and sectors like competition, banking, finance, communication, human rights, food and drug safety.In this study, after giving general information about the independent regulatory authorities,the debate on determining constitutional position of these authorities in Turkish Public Administration system will be handled and evaluated.

Keywords: independent, authorities, government, Constitution