LOCAL GOVERNMENTS IN TURKEY

LOCAL LOCAL GOVERNMENTSGOVERNMENTSINTURKEYTURKEY

Fikret Fikret ToksözToksöz

Presentation OutlinePresentation Outline

Historical background Historical background Current administrative structureCurrent administrative structure Selected figuresSelected figures Local government reformLocal government reform ProblemsProblems ProspectsProspects

Historical Historical BackgroundBackground

Historical BackgroundHistorical Background

The Constitution of 1921The Constitution of 1921 Government model based on Government model based on

decentralisationdecentralisation Provinces are autonomous organisations Provinces are autonomous organisations

with legal personalitywith legal personality Full authority in every field from social aid to Full authority in every field from social aid to

education and from economic development education and from economic development to public worksto public works

Historical BackgroundHistorical Background

Five periods:Five periods: 1923 – 19601923 – 1960 1960 – 19801960 – 1980 1980 – 19901980 – 1990 1990 – 20051990 – 2005 2005 – present2005 – present

1923 - 19601923 - 1960

The newly formed Republic envisaged a The newly formed Republic envisaged a state administration with unitary structurestate administration with unitary structure

First Constitution of The Republic (1924)First Constitution of The Republic (1924) Local governments as part of the Local governments as part of the

administrationadministration Three-tier local government systemThree-tier local government system

Special Provincial AdministrationsSpecial Provincial Administrations MunicipalitiesMunicipalities VillagesVillages

1923 - 19601923 - 1960

Law on Villages (1924)Law on Villages (1924) Democratic administration with tight administrative Democratic administration with tight administrative

tutelagetutelage

Law on Municipalities (1930)Law on Municipalities (1930) The attempt was to create an autonomous form of The attempt was to create an autonomous form of

municipal management under a certain limitation of municipal management under a certain limitation of administrative tutelageadministrative tutelage

Law on Special Provincial Administrations Law on Special Provincial Administrations Inherited from the Ottoman State – dated 1913Inherited from the Ottoman State – dated 1913

1923 - 19601923 - 1960

According to the Constitution of 1924According to the Constitution of 1924 Local governments had the authority to put surcharges to Local governments had the authority to put surcharges to

certain taxes and to establish duties and feescertain taxes and to establish duties and fees Until 1935:Until 1935:

Services such as construction, repair and maintenance of Services such as construction, repair and maintenance of primary schools, appointment of teachers and payment of their primary schools, appointment of teachers and payment of their salaries within the sphere of duty of the SPAssalaries within the sphere of duty of the SPAs(Such services transferred to the centre after 1935)(Such services transferred to the centre after 1935)

Until 1952:Until 1952: Traffic services had been carried out by the municipalitiesTraffic services had been carried out by the municipalities

Until 1953:Until 1953: Hospital services had also been provided by the local Hospital services had also been provided by the local

governmentsgovernments

1960 - 19801960 - 1980

New Constitution of 1961New Constitution of 1961 More liberal as regards democratic rightsMore liberal as regards democratic rights More centralist in terms of state structureMore centralist in terms of state structure

Starting from the 1963 elections, mayors are Starting from the 1963 elections, mayors are directly elected by the publicdirectly elected by the public Influence of the municipal council started to diminish as this Influence of the municipal council started to diminish as this

new method failed to establish the system of checks and new method failed to establish the system of checks and balancesbalances

Establishment of State Planning Organisation Establishment of State Planning Organisation (1961)(1961) Administering national development from a single agencyAdministering national development from a single agency Preparation of five-year development plansPreparation of five-year development plans Authority for tax collection and investments gathered at the Authority for tax collection and investments gathered at the

central government to ensure effective utilization of resourcescentral government to ensure effective utilization of resources

1960 - 19801960 - 1980

1973 Local Elections1973 Local Elections For the first time, the “social democratic” movement had won a For the first time, the “social democratic” movement had won a

victory over the “conservative” central administrationvictory over the “conservative” central administration Difference between local and central administrations gave Difference between local and central administrations gave

birth to the “autonomous municipal management movement” birth to the “autonomous municipal management movement” giving priority to environment, participation, and service giving priority to environment, participation, and service provision to the poorprovision to the poor

Ministry of Local Authorities established (1978)Ministry of Local Authorities established (1978) With the aim of ensuring autonomous municipal managementWith the aim of ensuring autonomous municipal management Abrogated with the military coup of 1980Abrogated with the military coup of 1980

1980 - 19901980 - 1990

The Constitution of 1981The Constitution of 1981 Administrative tutelage placed into the constitution Administrative tutelage placed into the constitution

with more clear statementswith more clear statements

Metropolitan municipalities established (1984)Metropolitan municipalities established (1984) Revenue share of local administrations Revenue share of local administrations

increasedincreased Municipalities are accepted as the sole and Municipalities are accepted as the sole and

fully authorized administration in the field of fully authorized administration in the field of land development and city planningland development and city planning

1990 - 20051990 - 2005

External DynamicsExternal Dynamics Turkey becoming a regional actor with the end of the bipolar worldTurkey becoming a regional actor with the end of the bipolar world YönetişimYönetişim (Governance) introduced in Turkey with the 1996 (Governance) introduced in Turkey with the 1996

Habitat II Habitat II İİstanbul Summitstanbul Summit Local Agenda 21 Programme startedLocal Agenda 21 Programme started Signature of the European Charter on Local Self Government Signature of the European Charter on Local Self Government

(1991)(1991) Signature of the Customs Union agreement with the EU (1994)Signature of the Customs Union agreement with the EU (1994) Turkey became a candidate to the EU (1999)Turkey became a candidate to the EU (1999)

Internal DynamicsInternal Dynamics Rapid urbanisationRapid urbanisation Changing economic structureChanging economic structure Deficiencies in the public services provided by the central Deficiencies in the public services provided by the central

governmentgovernment Regional disparitiesRegional disparities Increased demand for democracy and the development of the civil Increased demand for democracy and the development of the civil

societysociety

Current Current Administrative Administrative StructureStructure

Administrative Structure Administrative Structure in Turkeyin Turkey

CENTRALCENTRALGOVERNMENTGOVERNMENT

PROVINCESPROVINCES(81)

[full territorial division]

DISTRICTSDISTRICTS(850)

[full territorial division]


LOCALLOCALGOVERNMENTGOVERNMENT

SPECIAL PROVINCIALSPECIAL PROVINCIALADMINISTRATIONSADMINISTRATIONS

(81)(81)

MUNICIPALITIESMUNICIPALITIES(3225)(3225)

LOCAL GOVERNMENTLOCAL GOVERNMENTUNIONSUNIONS(1549)(1549)

VILLAGESVILLAGES(34404)(34404)

For Rural Settlements within the Province outside Municipal

Borders

For Urban Settlements

MAHALLEMAHALLESS(NEIGHBOURHOODS / PARISH)(NEIGHBOURHOODS / PARISH)

(18017)(18017)

Responsible Central Responsible Central Government Unit:Government Unit:

MINISTRY OF MINISTRY OF INTERIORINTERIOR

General Directorate of General Directorate of Local GovernmentsLocal Governments

Smallest Autonomous Rural Unit



METROPOLITANMETROPOLITANMUNICIPALITIESMUNICIPALITIES

(16)(16)

PROVINCIALPROVINCIALMUNICIPALITIESMUNICIPALITIES

(65)(65)

DISTRICTDISTRICTMUNICIPALITIESMUNICIPALITIES

(749)(749)

TOWNTOWNMUNICIPALITIESMUNICIPALITIES

(2011)(2011)

METROPOLITANMETROPOLITANDISTRICTDISTRICT


METROPOLITANMETROPOLITANFIRST-TIERFIRST-TIER


Structure of the Special Structure of the Special Provincial AdministrationProvincial Administration

CHAIRMANCHAIRMAN

GENERAL PROVINCIALCOUNCIL

PROVINCIAL EXECUTIVECOMMITTEE

GOVERNORGOVERNOR

DEPARTMENTSOF THE

SPA

SECRETARY-GENERAL

Structure of the Structure of the MunicipalityMunicipality

MAYORMAYOR

MUNICIPALCOUNCIL

MUNICIPALOFFICE

MUNICIPALEXECUTIVECOMMITTEE

Structure of the MahalleStructure of the Mahalle

MUHTAR

EXECUTIVECOMMITTEE

Muhtar and the members of the

Executive Committee are elected by the mahalle residents.

Selected FiguresSelected Figures

Population FactsPopulation Facts

Total Population within Municipal BordersTotal Population within Municipal Borders 57 474 28957 474 289

Total Population within the Borders of Metropolitan Total Population within the Borders of Metropolitan MunicipalitiesMunicipalities

27 814 59227 814 592

Population of TurkeyPopulation of Turkey 72 973 95772 973 957

Share of the Population within Metropolitan MunicipalitiesShare of the Population within Metropolitan Municipalities

in the Total Municipal Populationin the Total Municipal Population

%48%48

Share of the Population within Metropolitan MunicipalitiesShare of the Population within Metropolitan Municipalities

in the Total Population of the Countryin the Total Population of the Country

%38%38

SOURCE: Ministry of Finance [Maliye Bakanlığı (2007) 2006 Yılı Mahalli İdareler Mali İstatistikleri Bülteni. Ankara: Muhasebat Genel Müdürlüğü].

• Population figures are calculated by adapting the population data available from www.mahalli-idareler.gov.tr according to the 2006 projection of Turkstat.

• Population living in the villages within the borders of metropolitan municipalities are not included.

0

5.000.000

10.000.000

15.000.000

20.000.000

25.000.000

30.000.000

Metropolitan

Municipalities

Municipalities

(excluding

metropolitan

municipalities)

Municipal

Corporations

Special Provincial

Administrations

Local

Governments

Total

Budgetary Expenditures Budgetary Revenues

SOURCE: Ministry of Finance [Maliye Bakanlığı (2007) 2006 Yılı Mahalli İdareler Mali İstatistikleri Bülteni. Ankara: Muhasebat Genel Müdürlüğü.]

1000 YTL

BUDGETARY EXPENDITURESBUDGETARY EXPENDITURES

0

10

20

30

40

50

60

Metropolitan

Municipalities

Municipalities

(excluding

metropolitan

municipalities)

Municipal

Corporations

Special Provincial

Administrations

Local

Governments

Total

P ersonnel Expenditures Social Security I ns titutions S tate P remium Expenditures

P urchase of Goods and Services I nteres t P ayments

C urrent T rans fers C apital Expenditures

C apital T rans fers Loans


BUDGETARY REVENUESBUDGETARY REVENUES

0

10

20

30

40

50

60

70

80

90

100

Metropolitan

Municipalities

Municipalities

(excluding

metropolitan

municipalities)

Municipal

Corporations

Special Provincial

Administrations

Local

Governments

Total

Tax Revenues Non-tax Revenues Capital Revenues

Aids and Donations I n-payments from Receivables


TRANSFERS FROM CENTRAL TRANSFERS FROM CENTRAL GOVERNMENT / TOTAL REVENUESGOVERNMENT / TOTAL REVENUES (%) (%)

58,90

38,48

4.27

19.97

34,35

0,00

10,00

20,00

30,00

40,00

50,00

60,00

Metropolitan

Municipalities

Municipalities

(excluding

metropolitan

municipalities)

Municipal

Corporations

Special Provincial

Administrations

Local

Governments

Total


SHARE OF METROPOLITAN SHARE OF METROPOLITAN MUNICIPALITIES IN ALL MUNICIPALITIES IN ALL MUNICIPALITIES (%)MUNICIPALITIES (%)

37.77 39.27

0

10

20

30

40

50

60

70

80

90

100

Metropolitan Municipalities (excluding metropolitan district and first-tiermunicipalities)

EXPENDITURES REVENUES


PER CAPITA EXPENDITUREPER CAPITA EXPENDITURE (YTL)(YTL)

293.94

362.24

0

50

100

150

200

250

300

350

400

Metropolitan Municipalities(excluding metropolitan district and

first-tier municipalities)

Municipalities


CouncilsCouncils

Total Total Number of Number of MembersMembers

Gender Gender Data Data

EnteredEnteredMaleMale FemaleFemale

Municipal Municipal CouncilCouncil 3386833868 1467514675 1424314243 432432

General General Provincial Provincial CouncilCouncil

31983198 21682168 21292129 3939

There are only 18 Woman Mayors out of a total of 3225.

UnionsUnions

TYPE OF THE UNIONTYPE OF THE UNION NUMBERNUMBER

Infrastructure UnionsInfrastructure Unions 4444

Municipal UnionsMunicipal Unions 4646

Regional Municipal UnionsRegional Municipal Unions 1515

Environmental Service UnionsEnvironmental Service Unions 1515

Service UnionsService Unions 1515

Fresh Water UnionsFresh Water Unions 101101

Irrigation UnionsIrrigation Unions 359359

Unions for Service Provision to VillagesUnions for Service Provision to Villages 875875

Development UnionsDevelopment Unions 1111

Local Government UnionsLocal Government Unions 77

Tourism UnionsTourism Unions 1919

OthersOthers 4242

TOTALTOTAL 15491549

Local Government Local Government ReformReform

Constitutional ProvisionsConstitutional Provisions

IV. AdministrationIV. Administration A. Fundamentals of the AdministrationA. Fundamentals of the Administration 1. Integral Unity and Public Legal Personality of the 1. Integral Unity and Public Legal Personality of the

AdministrationAdministration ARTICLE 123.ARTICLE 123. The administration forms a whole with The administration forms a whole with

regard to its structure and functions, and shall be regard to its structure and functions, and shall be regulated by law.regulated by law.

The organisation and functions of the administration The organisation and functions of the administration are based on the principles of centralization and local are based on the principles of centralization and local administration.administration.

Public corporate bodies shall be established only by Public corporate bodies shall be established only by law, or by the authority expressly granted by law.law, or by the authority expressly granted by law.

C. Organisation of the AdministrationC. Organisation of the Administration 1. Central Administration1. Central Administration ARTICLE 126.ARTICLE 126. In terms of central administrative structure, Turkey In terms of central administrative structure, Turkey

is divided into provinces on the basis of geographical situation and is divided into provinces on the basis of geographical situation and economic conditions, and public service requirements; provinces economic conditions, and public service requirements; provinces are further divided into lower levels of administrative districts.are further divided into lower levels of administrative districts.

The administration of the provinces is based on the principle of The administration of the provinces is based on the principle of devolution of wider powers.devolution of wider powers.

Central administrative organisations comprising several provinces Central administrative organisations comprising several provinces may be established to ensure efficiency and coordination of public may be established to ensure efficiency and coordination of public services. The functions and powers of these organisations shall services. The functions and powers of these organisations shall be regulated by law.be regulated by law.

2. Local Administrations2. Local Administrations ARTICLE 127.ARTICLE 127. (As amended on July 23, 1995) (As amended on July 23, 1995) Local administrative bodies are public corporate entities established to meet the common Local administrative bodies are public corporate entities established to meet the common

local needs of the inhabitants of provinces, municipal districts and villages, whose local needs of the inhabitants of provinces, municipal districts and villages, whose decision-making organs are elected by the electorate as described in law, and whose decision-making organs are elected by the electorate as described in law, and whose principles of structure are also determined by law.principles of structure are also determined by law.

The formation, duties and powers of the local administration shall be regulated by law in The formation, duties and powers of the local administration shall be regulated by law in accordance with the principle of local administration.accordance with the principle of local administration.

The elections for local administrations shall be held every five years in accordance with The elections for local administrations shall be held every five years in accordance with the principles set forth in Article 67. However, general or by-elections for local the principles set forth in Article 67. However, general or by-elections for local administrative bodies or for members thereof, which are to be held within a year before administrative bodies or for members thereof, which are to be held within a year before or after the general or by-elections for deputies, shall be held simultaneously with the or after the general or by-elections for deputies, shall be held simultaneously with the general or by-elections for deputies. Special administrative arrangements may be general or by-elections for deputies. Special administrative arrangements may be introduced by law for larger urban centres.introduced by law for larger urban centres.

The procedures dealing with objections to the acquisition by elected organs of local The procedures dealing with objections to the acquisition by elected organs of local government or their status as an organ, and their loss of such status, shall be resolved government or their status as an organ, and their loss of such status, shall be resolved by the judiciary. However, as a provisional measure, the Minister of Internal Affairs may by the judiciary. However, as a provisional measure, the Minister of Internal Affairs may remove from office those organs of local administration or their members against whom remove from office those organs of local administration or their members against whom investigation or prosecution has been initiated on grounds of offences related to their investigation or prosecution has been initiated on grounds of offences related to their duties, pending judgement.duties, pending judgement.

The central administration has the power of administrative trusteeship over the local The central administration has the power of administrative trusteeship over the local governments in the framework of principles and procedures set forth by law with the governments in 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 objective of ensuring the functioning of local services in conformity with the principle of the integral unity of the administration, securing uniform public service, safeguarding the the integral unity of the administration, securing uniform public service, safeguarding the public interest and meeting local needs, in an appropriate manner.public interest and meeting local needs, in an appropriate manner.

The formation of local administrative bodies into a union with the permission of the The formation of local administrative bodies into a union with the permission of the Council of Ministers for the purpose of performing specific public services; and the Council of Ministers for the purpose of performing specific public services; and the functions, powers, financial and security arrangements of these unions, and their functions, powers, financial and security arrangements of these unions, and their reciprocal ties and relations with the central administration, shall be regulated by law. reciprocal ties and relations with the central administration, shall be regulated by law. These administrative bodies shall be allocated financial resources in proportion to their These administrative bodies shall be allocated financial resources in proportion to their functions.functions.

Reform LegislationReform Legislation

Public Administration Law (Framework Law vetoed by the former Public Administration Law (Framework Law vetoed by the former President)President)

Municipality Law (5393)Municipality Law (5393) Metropolitan Municipality Law (5216)Metropolitan Municipality Law (5216) Law on Special Provincial AdministrationsLaw on Special Provincial Administrations Law on Local Government UnionsLaw on Local Government Unions Public Financial Management and Control Law (5018)Public Financial Management and Control Law (5018) Law on the Abolishment of the General Directorate of Rural Law on the Abolishment of the General Directorate of Rural

Services (functions and responsibilities transferred to the SPAs)Services (functions and responsibilities transferred to the SPAs)

RELATED LEGISLATIONRELATED LEGISLATION Law on Right of Access to InformationLaw on Right of Access to Information Law on Associations Law on Associations

4 Main Principles of 4 Main Principles of ReformReform

Enhancing Enhancing democratic governancedemocratic governance Improving Improving management techniquesmanagement techniques DecentralisationDecentralisation Restructuring Restructuring revenue sharingrevenue sharing

Democratic GovernanceDemocratic Governance

Participatory mechanisms at the local level:Participatory mechanisms at the local level: MahalleMahalle and the office of the and the office of the muhtarmuhtar The concept of The concept of hemhemşehrişehri ((townsmantownsman)) Accessibility to servicesAccessibility to services Specialist commissionsSpecialist commissions Strategic plan and performance programmeStrategic plan and performance programme Emergency planningEmergency planning Urban CouncilUrban Council Voluntary participation to municipal servicesVoluntary participation to municipal services


Mahalle Mahalle (Neighbourhood) and its administration(Neighbourhood) and its administration Article 9Article 9

The The muhtarmuhtar is obliged to determine the common needs with the is obliged to determine the common needs with the voluntary participation of voluntary participation of mahallemahalle residents residents, to develop the , to develop the quality of life in the quality of life in the mahallemahalle, to conduct relations with the , to conduct relations with the municipality and other public institutions and organisations, to municipality and other public institutions and organisations, to provide opinion on matters concerning the provide opinion on matters concerning the mahallemahalle, to , to cooperate cooperate with other institutionswith other institutions and to carry out other tasks conferred by and to carry out other tasks conferred by law.law.

The municipality shall provide the necessary contribution in kind and The municipality shall provide the necessary contribution in kind and support within the limits of its budgetary means for the support within the limits of its budgetary means for the mahallemahalle and and the office of the the office of the muhtarmuhtar to meet their needs and for the resolution of to meet their needs and for the resolution of their problems; in taking its decisions, the municipality shall take into their problems; in taking its decisions, the municipality shall take into consideration the consideration the common demands of the common demands of the mahallemahalle residents residents and and shall seek to ensure that the services are carried out in accordance shall seek to ensure that the services are carried out in accordance with the needs of the with the needs of the mahallemahalle..


HemşehriHemşehri (Townsman) law (Townsman) law Article 13Article 13

Everyone is a Everyone is a hemşehrihemşehri of the town they reside in. of the town they reside in. HemşehriHemşehris s have have the right to participate to the municipal decisions and the right to participate to the municipal decisions and servicesservices, , to be informed on the activities of the to be informed on the activities of the municipalitymunicipality and to benefit from the aids of the municipal and to benefit from the aids of the municipal administration. It is imperative that the aids are provided in administration. It is imperative that the aids are provided in conditions that will not damage human dignity.conditions that will not damage human dignity.

The municipality shall take the necessary actions in developing The municipality shall take the necessary actions in developing the social and cultural relationships among the social and cultural relationships among hemşehrihemşehris and in s and in protecting the cultural values. In such actions, protecting the cultural values. In such actions, necessary necessary measures shall be taken to ensure the participation of measures shall be taken to ensure the participation of universities, public-law professional organisations, trade universities, public-law professional organisations, trade unions, civil society organisations and expert individuals.unions, civil society organisations and expert individuals.


Functions and responsibilities of the Functions and responsibilities of the municipalitymunicipality

Article 14Article 14Municipal services shall be provided Municipal services shall be provided at the at the most proximate locations to the citizensmost proximate locations to the citizens and and through the most appropriate methods for the through the most appropriate methods for the citizens. In the provision of services, citizens. In the provision of services, appropriate methods shall be applied for the appropriate methods shall be applied for the situation of the handicapped, elderly, situation of the handicapped, elderly, indigent and the people with low incomeindigent and the people with low income..


Specialist commissionsSpecialist commissions Article 24Article 24

Mahalle muhtarMahalle muhtars and the managers of the public organisations in the s and the managers of the public organisations in the province together with theprovince together with the representatives in the province from the representatives in the province from the public-law professional organisations, universities, trade unions and public-law professional organisations, universities, trade unions and the civil society organisations concerned with the matters on the the civil society organisations concerned with the matters on the agenda may agenda may participateparticipate to the specialist commissions in which to the specialist commissions in which matters that lie within their sphere of function and activity are being matters that lie within their sphere of function and activity are being discussed without a right to vote and may declare opinion.discussed without a right to vote and may declare opinion.

Expert individuals may be employed in the work of the commission.Expert individuals may be employed in the work of the commission.

The reports of the commission are publicThe reports of the commission are public , they shall be , they shall be announced to the public by various means and shall be provided announced to the public by various means and shall be provided upon request at a price determined by the council which shall not upon request at a price determined by the council which shall not exceed its cost.exceed its cost.


Strategic plan and performance programmeStrategic plan and performance programme Article 41Article 41

Strategic plan shall be prepared Strategic plan shall be prepared in in consultation with consultation with universities (if any) and universities (if any) and professional chambers together with the professional chambers together with the relevant civil society organisations, and shall relevant civil society organisations, and shall take effect following adoption at the municipal take effect following adoption at the municipal council.council.


Emergency planningEmergency planning Article 53Article 53

In the preparation of emergency plans, coordination In the preparation of emergency plans, coordination with the other emergency plans at the provincial level with the other emergency plans at the provincial level shall also be ensured and the shall also be ensured and the opinions of the relevant opinions of the relevant ministries, public organisations, professional ministries, public organisations, professional organisations, universities and other local organisations, universities and other local governmentsgovernments shall be taken. shall be taken.

By taking the necessary measures for the training of the By taking the necessary measures for the training of the public in accordance with the plans, public in accordance with the plans, joint programmesjoint programmes may be carried out with the administrations, institutions may be carried out with the administrations, institutions and organisations listed in the [above] paragraph.and organisations listed in the [above] paragraph.


Urban councilUrban council Article 76Article 76

The urban council shall seek to realize the following principles The urban council shall seek to realize the following principles in urban life: development of the urban vision and the sense of in urban life: development of the urban vision and the sense of hemşehrilikhemşehrilik (townsmanship), protection of the rights and the (townsmanship), protection of the rights and the law of the town, sustainable development, sensitivity to the law of the town, sustainable development, sensitivity to the environment, social assistance and solidarity, environment, social assistance and solidarity, transparency, transparency, accountability, participation and subsidiarityaccountability, participation and subsidiarity..

Municipalities shall provide assistance and support to effective Municipalities shall provide assistance and support to effective and efficient conduct of the activities of the urban council with and efficient conduct of the activities of the urban council with the the participationparticipation of public-law professional organisations, of public-law professional organisations, trade unions, notaries, universities (if any), relevant civil society trade unions, notaries, universities (if any), relevant civil society organisations, political parties, public institutions and organisations, political parties, public institutions and organisations, organisations, mahalle muhtarsmahalle muhtars and others concerned. and others concerned.


Voluntary participation to municipal servicesVoluntary participation to municipal services Article 77Article 77

In the provision of services related to health, In the provision of services related to health, education, sports, environment, social services and education, sports, environment, social services and assistance, library, parks, traffic and culture and of the assistance, library, parks, traffic and culture and of the services for the elderly, women and children, services for the elderly, women and children, handicapped, poor and the indigent, the municipality handicapped, poor and the indigent, the municipality shall implement programmes aimed at the shall implement programmes aimed at the participation of volunteersparticipation of volunteers with the purpose of with the purpose of ensuring ensuring solidarity and participationsolidarity and participation in the town and in the town and to increase to increase effectiveness, economy and efficiencyeffectiveness, economy and efficiency in services.in services.

Management TechniquesManagement Techniques

Mechanisms for sound local financial Mechanisms for sound local financial managementmanagement Law No. 5018 on Public Financial Management and Law No. 5018 on Public Financial Management and

ControlControl Law No. 4734 on Public Procurement (tender Law No. 4734 on Public Procurement (tender

commissions)commissions) Audit commissionAudit commission Norm cadreNorm cadre Internal and external auditInternal and external audit Activity reportActivity report


Functions and responsibilities of the councilFunctions and responsibilities of the council Article 18Article 18

a) to discuss and to adopt the a) to discuss and to adopt the strategic plan strategic plan with investment and work programmeswith investment and work programmes, and , and the the performance criteriaperformance criteria of municipal activities of municipal activities and municipal personnel.and municipal personnel.

l) to decide on the establishment, abolishment l) to decide on the establishment, abolishment and alteration of the cadres in municipality and and alteration of the cadres in municipality and its affiliated organisations within the framework its affiliated organisations within the framework of of norm cadrenorm cadre..


Audit commissionAudit commission Article 25Article 25

In provincial and district municipalities and in municipalities with a population higher In provincial and district municipalities and in municipalities with a population higher than 10000, the municipal council shall establish an audit commission of at least three than 10000, the municipal council shall establish an audit commission of at least three and at most five members from among its own members by secret ballot at its each and at most five members from among its own members by secret ballot at its each meeting in January for meeting in January for auditing the revenues and expenditures of the municipality auditing the revenues and expenditures of the municipality in the previous yearin the previous year and the related account booking and operations. The commission and the related account booking and operations. The commission shall be established by proportioning the members of each political party group and the shall be established by proportioning the members of each political party group and the independent members in the council to the total number of council members.independent members in the council to the total number of council members.

The commission shall work at a location designated by the mayor within the municipality The commission shall work at a location designated by the mayor within the municipality building and may employ public personnel and other expert individuals if necessary in building and may employ public personnel and other expert individuals if necessary in its work.its work.

The commission may request The commission may request any sort of information and documentany sort of information and document from the from the municipal units and from the affiliated organisations. These requests shall be complied municipal units and from the affiliated organisations. These requests shall be complied with without delay.with without delay.

The commission shall complete its work within forty-five work days and presents the The commission shall complete its work within forty-five work days and presents the related report to the chairmanship of the council until the end of March.related report to the chairmanship of the council until the end of March.


Functions and responsibilities of the mayorFunctions and responsibilities of the mayor Article 38Article 38

b) manage the municipality in accordance with b) manage the municipality in accordance with the the strategic planstrategic plan, formulate the institutional , formulate the institutional strategies of the municipal administration; strategies of the municipal administration; prepare, implement, monitor and evaluate the prepare, implement, monitor and evaluate the budget and the budget and the performance criteriaperformance criteria of the of the municipal activities and personnel in municipal activities and personnel in accordance with these strategies and present accordance with these strategies and present the related reports to the council.the related reports to the council.


Strategic plan and performance programmeStrategic plan and performance programme Article 41Article 41

Within six months following the country-wide local Within six months following the country-wide local elections the mayor shall prepare the elections the mayor shall prepare the strategic planstrategic plan in in accordance with the development plan and programme accordance with the development plan and programme and the regional plan (if any) and s/he shall prepare the and the regional plan (if any) and s/he shall prepare the annual performance programmeannual performance programme before the before the beginning of the year concerned.beginning of the year concerned.

Strategic plan and performance programme shall serve Strategic plan and performance programme shall serve as as basisbasis for the preparation of the budget and shall be for the preparation of the budget and shall be discussed and adopted at the municipal council prior to discussed and adopted at the municipal council prior to the budget.the budget.


Scope and types of auditScope and types of audit Article 55Article 55

Internal and external auditInternal and external audit are carried out in are carried out in municipalities. Audit consists of auditing the lawfulness municipalities. Audit consists of auditing the lawfulness of the work and operations, and financial and of the work and operations, and financial and performance audits.performance audits.

Internal and external audit are carried out in Internal and external audit are carried out in accordance with the provisions of the Law No. 5018 on accordance with the provisions of the Law No. 5018 on Public Financial Management and Control.Public Financial Management and Control.

The results as regards the audit shall be made The results as regards the audit shall be made publicpublic and shall be presented to the council.and shall be presented to the council.


AUDIT MECHANISMAUDIT MECHANISM Internal AuditInternal Audit

Internal AuditorInternal Auditor Audit CommissionAudit Commission Municipal CouncilMunicipal Council

External AuditExternal Audit Ministry of InteriorMinistry of Interior Court of AccountsCourt of Accounts


Activity reportActivity report Article 56Article 56

The mayor shall prepare the activity report that The mayor shall prepare the activity report that explains the activities that are carried out according to explains the activities that are carried out according to the strategic plan and the performance programme, the strategic plan and the performance programme, the aim and the level of accomplishmentthe aim and the level of accomplishment with with respect to the determined performance criteria together respect to the determined performance criteria together with the deviations encountered and the state of with the deviations encountered and the state of municipal borrowing as defined in the fourth paragraph municipal borrowing as defined in the fourth paragraph of the article 41 of the Law No. 5018 on Public of the article 41 of the Law No. 5018 on Public Financial Management and Control.Financial Management and Control.


Law No. 5018Law No. 5018Preparation and announcement of financial statisticsPreparation and announcement of financial statistics Article 53Article 53 The statistics of social security institutions, local The statistics of social security institutions, local

governments and the public institutions within the governments and the public institutions within the central government shall be gathered by the Ministry of central government shall be gathered by the Ministry of Finance and shall be announced quarterly.Finance and shall be announced quarterly.

It is essential that the financial statistics are user-It is essential that the financial statistics are user-friendly and easily accessible. friendly and easily accessible.

DecentralisationDecentralisation

Functions and responsibilities of the municipalityFunctions and responsibilities of the municipality Article 14Article 14

a) promotion of economy and commercea) promotion of economy and commerceb) construction, maintenance and repair of any type of b) construction, maintenance and repair of any type of school buildings, establishment and operation of any school buildings, establishment and operation of any type of health care facilitytype of health care facility

Article 15Article 15May provide incentives for tourism, health, social May provide incentives for tourism, health, social services, educational, industrial and commercial services, educational, industrial and commercial investments and for infrastructure activities for investments and for infrastructure activities for educational facilities, thermal springs, sewage, natural educational facilities, thermal springs, sewage, natural gas, road and street-lighting, etc.gas, road and street-lighting, etc.

DecentralisationDecentralisation

Construction and management of shelter Construction and management of shelter houses for women and children subject houses for women and children subject to violence.to violence.

Promoting amateur sports.Promoting amateur sports. Preservation of the natural and cultural Preservation of the natural and cultural

heritage in the towns.heritage in the towns. Initiating and implementing urban Initiating and implementing urban

renewal.renewal.

Revenue SharingRevenue Sharing

Currently at the ParliamentCurrently at the Parliament Law on the Revenues of Special Law on the Revenues of Special

Provincial Administrations and Provincial Administrations and MunicipalitiesMunicipalities

ProblemsProblems

ProblemsProblems

Insufficient human resources capacity at the local levelInsufficient human resources capacity at the local level QuantityQuantity QualityQuality

Embracing the culture of democratic governanceEmbracing the culture of democratic governance Problems in participation (both sides)Problems in participation (both sides)

Functioning of the municipal councilFunctioning of the municipal council Problems in transparency and accountabilityProblems in transparency and accountability Problems in gender equality in elected postsProblems in gender equality in elected posts

Increasing the revenues of local governmentsIncreasing the revenues of local governments Setting up a functional audit mechanism for local governmentsSetting up a functional audit mechanism for local governments

Enactment of the new Law on Court of Accounts (still at the Parliament)Enactment of the new Law on Court of Accounts (still at the Parliament) Scale problemScale problem

Insufficiency of the double definition of functions and responsibilities Insufficiency of the double definition of functions and responsibilities (municipality and metropolitan municipality) for efficiency and effectiveness(municipality and metropolitan municipality) for efficiency and effectiveness

Organization and capacity of the Ministry of Interior insufficient to pursue Organization and capacity of the Ministry of Interior insufficient to pursue reform activitiesreform activities

Existence of the governor in the system of SPAsExistence of the governor in the system of SPAs

European Charter of European Charter of Local Self GovernmentLocal Self Government

Basic coherence in generalBasic coherence in general Assessment with respect to European Assessment with respect to European

practices available from the LAR Projectpractices available from the LAR Project

ProspectsProspects

ProspectsProspects

Improving the organization and increasing the capacity of the Ministry of Improving the organization and increasing the capacity of the Ministry of InteriorInterior Not only the General Directorate of Local Governments but the Not only the General Directorate of Local Governments but the

Ministry as a wholeMinistry as a whole Enactment of the Law on Administrative ProceduresEnactment of the Law on Administrative Procedures Enhancing the scope of the BEPER projectEnhancing the scope of the BEPER project Capacity building for the entire personnel of local governmentsCapacity building for the entire personnel of local governments Capacity building for civil societyCapacity building for civil society Restructuring of the SPAs for enhancing democracyRestructuring of the SPAs for enhancing democracy

Extracting the governor from the system of SPAsExtracting the governor from the system of SPAs The structure of governorates need to be improved to achieve The structure of governorates need to be improved to achieve

cooperation between central and local governments and to establish a cooperation between central and local governments and to establish a functioning system of monitoring and evaluationfunctioning system of monitoring and evaluation

Furthering decentralisationFurthering decentralisation Prioritisation in decentralising servicesPrioritisation in decentralising services

Increasing the functionality of Increasing the functionality of mahallemahalle for participatory decision making for participatory decision making Increasing the effectiveness of the councilsIncreasing the effectiveness of the councils Improving gender equality in elected postsImproving gender equality in elected posts

Documents

LOCAL GOVERNMENTS IN TURKEY