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(Regional) Development Agencies in Turkey Through the Decision of the Constitutional Court

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Author(s): Bilal ŞİNİK

Journal: Megaron
ISSN 1309-6915

Volume: 5;
Issue: 3;
Start page: 128;
Date: 2010;

Keywords: Constitutional court | European Union | development agencies | unitary state.

ABSTRACT
(Regional) Development agencies entered Turkey’s agenda after 2000, and have been criticized by different backgrounds since then. One of the most important criticisms is that “Law on the Establishment, Coordination and Duties of Development Agencies” (The Act No.5449) is incompatible with Turkey’s unitary structure and in contradiction to the ‘integrity of the administration’ that is our dominating constitutional principle. Thus, for these reasons a suit was filed to the Constitutional Court to nullify the law. In this case, which is vitally important in terms of showing the changes and resistance in perception of the nation-state and the future of development agencies, on 30th of November, 2007 the Constitutional Court made a decision to reject the application considering that the law, except for some provisions, is not contrary to the Constitution. Therefore, with this decision the restraints on the legal establishment of new development agencies and the existing agencies to carry on their activities were removed. The aim of this study is to draw attention to neglected administrative and legal dimensions of establishment and operations of agencies as well as to initiate a discussion on the place of agencies in the Turkey’s administrative structure. In the first part of the study, the periods of development agencies in line with the European Union from 2000 to present are described. The second part focuses on the suggested criticism about development agencies. The conclusion part evaluates the decision of Constitutional Court on the suit filed to nullify the “Law on the Establishment and Duties of Development Agencies”.
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