As The Criterion of Turkish Administration Organization the Concept of Local Collective Neeeds

Abstract

In article 127 of the 1982 Constitution, it is stated that local Governments are public legal entities established to meet the collective local needs of the people of provinces, municipalities, and villages. However, it is seen that the concept of local collective need is not defined in the relevant legal regulations, judicial decisions and doctrine. Despite regulation in Article 127 of the Constitution and the legal regulations, the areas of responsibility of local governments and the scope and content of the concept of local collective needs are still controversial. In all these discussions, it is emphasized that the legislative body is authorized to determine the limits of duties between the central administration and the local governments and the reasons for the existence and emergence of local governments. But still, for some reasons such as economic and technical deficiency some of the public services that should actually be carried out by local government are either carried out in cooperation and harmony with the central administration by local government or some public services are carried out directly by the central administration. Especially in the context of the zoning plan, landscaping, preservation of historical texture slum transformation projects and large infrastructure projects, there are doubts about the duties and competence of the local governments and central administration, the decisions of the Constitutional Court and the Council of State are legally guiding at the point of eliminating these doubts and determining the local needs of collective nature. In this study, the concept of local collective need which appears as a criterion of the Turkish administrative organization will be explained and the meaning given to the concept in comparative law will be explained. The nature of concept will be emphasized in the decisions of the Council of State, especially the decisions of the Constitutional Court.