The place of regulation within the public law in Turkey

Abstract

In the last decade the Independent Regulatory Agencies (IRA) have occupied a significant place in the Turkish political and legal environment. Following the Capital Markets Board the Radio and Television Supreme Council the Competition Authority the Banking Regulatory Agency the Energy Market Regulatory Agency the Information Technologies and Communication Authority the Tobacco Products and Alcoholic Beverages Market Authority and the Public Procurement Authority have raised some legal concerns in the administrative and constitutional system. The lack of administrative control of the central government over the IRA does not seem in our view the main issue concerning the constitutional system. However the lack of autonomy of the IRA vis-à-vis the politics seems to be a major concern despite the formal securities of the IRA board. © Springer Science+Business Media LLC 2011. © 2013 Elsevier B.V. All rights reserved.