ЕВРОПЕЙСКАТА ХАРТА ЗА МЕСТНО САМОУПРАВЛЕНИЕ И ПАРАДОКСЪТ НА УНИТАРНАТА ДЪРЖАВА НА ТУРЦИЯ: НАВИГИРАНЕ НА НОРМАТИВНОТО СБЛИЖАВАНЕ СРЕД АДМИНИСТРАТИВНИ И ПОЛИТИЧЕСКИ ПРЕЧКИ
The European Charter of Local Self-Government and Turkey's Unitary State Paradox: Navigating Normative Alignment Amidst Administrative and Political Impediments

Summary/Abstract: The European Charter of Local Self-Government (ECSLG) presents a crucial normative framework for bolstering local democracy and ensuring the efficient delivery of public services by guaranteeing the capacity of local authorities to operate within their legal ambit and in accordance with both statutory provisions and their own interests. Although the Republic of Turkey is a signatory to this significant international convention, the distinctive dynamics of its unitary state structure and its deeply entrenched centralist administrative legacy pose structural and political impediments to the complete realization of the level of autonomy envisioned by the Charter. This study aims to undertake an in-depth examination of the interaction between the ECSLG and the legal regulations and administrative system in Turkey. The central research question explores the nature of the relationship between the core principles of the ECSLG and Turkey's current legal framework and the administrative-political priorities of the unitary state, and the extent and manner in which this relationship influences the degree of autonomy enjoyed by local governments. The primary objective of this article is to systematically dissect the impact of the ECSLG on Turkish legislation and administrative practices, to pinpoint potential discrepancies between the autonomy standards anticipated by the Charter and the de facto status of local governments in Turkey, and to illuminate the underlying managerial and political rationales for these disparities. Furthermore, it seeks to formulate proposals for legal and structural reforms that may be requisite for the more effective implementation of the Charter. The study's hypothesis posits that notwithstanding Turkey's adherence to the Charter, the unitary state structure and the centralist administrative ethos constrain local governments from possessing the level of autonomy stipulated by the Charter, thereby engendering a tension between the normative ideal and the administrative reality. In this study, the foundational provisions and spirit of the ECSLG are treated as independent variables; the Constitution of the Republic of Turkey and pertinent local government legislation, the administrative and financial oversight mechanisms exercised by the central government over local governments, the degree of control over local governments' budgetary and revenue sources, and the political leverage of the central government over local governments are defined as dependent variables. Ultimately, this study endeavors to shed light on the steps necessary to fortify local democracy and facilitate alignment with European standards by profoundly analyzing the process of implementing the ECSLG in Turkey within the context of the constraints imposed by the unitary state structure.

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