Düzenleyici ve Denetleyici Kurumların Bağımsızlığı ve Özerkliği: Türkiye Deneyimi

Abstract

The aim of this study is to discuss the assumption that the negative effects of intervention of the executive body and other stakeholders in the management of sensitive, strategically important and requiring special knowledge areas of public administration can be reduced by establishing independent and autonomous regulatory agencies. In this study, it has been analyzed to what extent the universally accepted principles and justifications of the concepts of independence and autonomy are compatible with Turkey example. In this context, all regulatory agencies in Turkey have been examined in terms of their founding objectives, organizational structure and personnel, income sources and budgets, which are assumed to be important in terms of their independence and autonomy. In addition to that, the independence and autonomy of the Public Procurement Authority, the Energy Market Regulatory Authority and the Competition Authority, have been discussed in more detail. In this study, a field study consisting of interviews have been conducted in order to determine the actual (de facto) independence and autonomy levels of the regulatory agencies in Turkey by supporting them with the information obtained from the participants. In addition to the literature and field research, in the light of the findings obtained from the Formal Independence and Autonomy Index, the formal (de jure) independence and autonomy levels of these agencies, especially based on legislation, were also revealed. In the study, it was concluded that while the independence and autonomy of the regulatory agencies in Turkey were at a relatively good level in the 2000s, when they began to be widely established, in the following years, the independence and autonomy of these institutions have seriously been weakened and went backwards. In the study, some suggestions have also been presented for the implementing persons and institutions, policy makers and researchers about the independence and autonomy of regulatory agencies.