Are regulatory and supervisory institutions independent within the Turkish political system?

Movements for change began with globalization and privatization, and the state's role and interventions in the market economy were restricted. In sensitive sectors such as finance, energy, and communications, regulatory and supervisory duties were transferred to independent institutions. These regulatory and supervisory institutions emerged in the United States and later became widespread in Europe. In Turkey, efforts that began in the 1990s were only able to be placed on a legal foundation in the 2000s. Each of these institutions, which have their own special establishment laws and public legal entities, stands out for its independence. This means carrying out regulatory and supervisory functions without remaining under the influence of political authority and interest groups. For this reason, hierarchy and administrative tutelage supervision are not in question. However, uncertainties and debates regarding the independence of these institutions still continue today.

The most important element of regulatory and supervisory institutions, which serve as regulators in important and sensitive matters requiring technical knowledge, is their independence. However, this independence has not been achieved in Turkey. The nature of these institutions is different from other public institutions. These institutions must be independent of and outside of political bodies. The Administrative Law argument calls these institutions “Independent Administrative Authorities.” The long-term continuation of the state's interventionist and protectionist policies, especially its intervention in the economic sphere, the emergence of technological progress and change, the increase in people's living standards, the change in the understanding of public service and management, the importance gained by concepts such as universal service (minimum service or effective service), and the withdrawal of the state from economic life with the effect of globalization since the early 1980s have caused a gap in regulation. Later, autonomous organizations consisting of experts operating in areas such as fundamental rights and freedoms, energy, environment, health, and communication began to fill this gap. The relationships of regulatory and supervisory organizations, which are accepted as public institutions by the Constitutional Court, are among the decentralized organizations, and are accepted as “service-based decentralized organizations,” with the central administration, how the principle of the integrity of the administration will be applied, and the authority of administrative tutelage are still being debated.

Independent institutions established to ensure public interest can be considered “supra-political” and are even called the “fourth branch of the state” in Anglo-Saxon culture. However, along with their independence, their accountability must also be taken into account. These institutions must be independent not only from the central administration but also from the actors in the areas they regulate. Especially in terms of keeping the economy away from political influences and ensuring efficiency and stability, independent regulatory and supervisory institutions have a vital function. Their independence is important because these institutions provide opportunities to create power and rent for certain segments. While independence is of vital importance for these institutions, it is not possible for them to be completely independent. Because interest and pressure groups and politicians can be influential over these institutions. This situation can lead to the failure of regulations. In order to get rid of the impositions of private and political pressure groups, the establishment of the independence of these institutions is mandatory and important. Independent supervisory institutions in our country have lost their independence. In fact, these institutions, on the one hand, bypass democracy, and on the other hand, replace the legislature. They have already been established and used for this purpose all over the world.