Municipal powers are narrowing: Another authority is being transferred to the President
With the AKP's new legislative proposal, the indirect or gratuitous acquisition of companies and cooperative partnerships by municipalities will be subject to the President's approval. The proposal has passed the committee, and if it passes the General Assembly, the powers of municipalities will be restricted.
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Following the loss of major metropolitan cities in the 2019 elections, the AKP continues to limit the powers of municipalities.
Most recently, the Draft Law on Amendments to the Land Registry Law and Certain Other Laws and Decree-Law No. 375, prepared by the AKP, has passed the committee.
The content of the proposal aims to further restrict the powers of municipalities.
The proposal consists of 32 articles and includes comprehensive changes. These changes include fire safety inspections, the fight against illegal construction, cadastre and land registry corrections, the evaluation of Treasury real estate, post-disaster reconstruction, and environmental and climate policies. Additionally, personnel regulations following Constitutional Court annulments are also included in the proposal.
However, the most notable article of the proposal is Article 17. With this article, some powers of municipalities are being transferred to the President.
Specifically, transactions such as the gratuitous or indirect acquisition of companies, the establishment of companies, or becoming partners in cooperatives by municipalities and their affiliated organizations will now be subject to the President's approval.
It is interpreted that this regulation aims to increase the AKP's control over municipalities following the 2019 elections. Efforts are being made to prevent municipalities from spending public funds on companies that are risky or have insufficient financial status.
In the justification section of the proposal, it is stated that there have been disruptions in practices regarding indirect or gratuitous company acquisitions and that this situation has resulted in an unregulated area.
If the proposal passes the General Assembly, the powers of municipalities, primarily the Istanbul Metropolitan Municipality (IBB), regarding the acquisition of companies and cooperatives will be completely transferred to the Presidency.
With this change, another significant power of local governments will be subject to the approval of the central government.