Untitled Document

Turkish Administrative Law is based on the "administrative" procedure techniques as in French Administrative Law. Some provisions relevant to the Administrative Law of the Republic period have also been included in the Constitutions. According to the Turkish Constitution, the regional organization of the "Central Administration" is made according to the "Provincial System".

The number of provinces remained at 67 for years and increased to 80 by 1997. The legal basis of the provincial system being applied in Turkey today is the "Provincial Administration Law" of 1949. Here, the organi- zation of the central administration in the provinces, in accordance with the Constitution of 1924, has been made in accordance with the provincial system, and a system has been formed envisaging the administration of the provinces according the principle of the scope of authority.

Public institutions and organizations in the provinces were organized predominantly as departments connected to the general budget up until 1949. As a result of the amendments made in subsequent years, the organizations with supplementary budgets and the State Economic Enterprises (SEEs) have become very important.

The expenses incurred by the public sector in Turkey are functionally divided into three main categories: These are "Expenses for General Administration Services", including administration, representation, legislation, security, judicial, and defense expenses; "Expenses for the Services Providing Welfare", made with the objective of meeting directly the needs of citizens such as education, health, social security and housing; and expenses for the "Services with Economic Attributes", which include the agricultural, industrial and service sectors and infrastructural investments and are aimed at offering direct or indirect benefits to companies in the market rather than providing direct benefits to citizens.

The public sector, in the narrow sense, includes public production units carrying out activities aimed at public needs and operating outside of the market conditions. The public sector in the wider sense, also includes the activities of the state units engaged in activities within the market system by offering goods and services in return for a price according to market conditions.

The effect of the public sector on the economy in Turkey can be examined in a more realistic manner by taking its broad meaning as the basis. The "Central Public Administration" in Turkey is only one part of the public sector, formed by three main groups from the legal and administrative aspect. The other two groups are "Local Administrations" and "State Economic Enterprises".

The Central Public Administration is composed of the administrations included in the general budget and those included in the supplementary budget. Local administrations are the provincial special administrations, municipalities and villages. State Economic Enterprises include the state economic establishments and some organizations equipped with some public functions and authorities. The central administration in Turkey performs public services to meet the needs of society throughout the country.

The supplementary budget administrations which assume some functions of the central administration are public organizations that meet a portion of their expenses by special revenues and that are more independent administratively and financially. Local administrations are administrations elected in order to meet the common needs of the public in locations where the borders are designated by the central government. In towns and cities, the public elect their own administrators, mayors, and city councils, while in the villages and districts, the public elect their headmen and village council. Provincial General Assembly elections are held in each province.

State Economic Enterprises were established based on the law, or the authority, provided by the law as of 1925 to fulfill the entrepreneurial functions of the state. These organizations have a separate juristic personality. The SEEs have provided signi- ficant contributions in the direction of the development of the basic sectors in the Turkish economy, such as industry, agriculture, banking, transportation and communications, since the first years of the Republic.

However, the more rapid development of the Turkish private sector has gradually decreased the political support given to these organizations. The privatization of the State Economic Enterprises with the objective of increasing the importance of the private sector in the economy and to increase productivity has been among the priority targets of all governments in power since 1984.