History of Istanbul Metropolitan Municipality

History of Istanbul Metropolitan Municipality
History of Istanbul Metropolitan Municipality

After the National War of Independence that started in 1919, the foundation of a new state was laid with the establishment of the Grand National Assembly in Ankara in 1920. On April 24, 1921, local administrations were mentioned in the Constitutional Law. (Art. 11, 12, 13,14) However, the municipality is not mentioned in the words. During this period, Ankara, Turkey became the capital city, 1924 and Law No. 417 in the name of the city, '' Ankara Sehremaneti to '' has been translated. With this regulation, the Republic administration continued the principle of separating the capital city administration from other municipalities and regulating it with a separate law.

Ankara Şehremaneti consists of a flat. Şehremini is appointed by the Minister of Internal Affairs and has the powers and duties of İstanbul Şehremini. Under the chairmanship of Şehreminin, there is a Trust Committee (General Assembly) consisting of scientific affairs, health, account and contract law directors. This board has the duties and powers of provincial municipal councils.

During this period, the Law on Municipal Taxes and Taxes No. 423 and the Law on Municipal Penalties No. 486 were enacted. In addition, the 1924th article of the 85 Establishment Law also mentions the municipalities.

The Municipal Law No. 1930, which entered into force in 1580, the Public Health Law No. 1593, which came into force immediately after it, and the Municipal Building and Roads Law No. 1933 of 2290, brought important regulations for our municipalities.

In particular, the Law No. 1580 has been authorized to assign all kinds of local services to the municipalities as a duty under the conditions of those years (Art.15), and also to make all kinds of initiatives for the benefit of the towns and townspeople after they have fulfilled these duties. (Art 19). However, he envisaged the integration of the municipality and the governorship in Ankara and Istanbul in a unified administration, and also brought provisions to maintain a highly effective tutelage as required by those years. (Art.94, 95,96)

In the following years, some actions were made to strengthen the municipalities, such as the establishment of the Municipalities Bank (1933), the provision of drinking water that was given to foreign organizations in the past to be built and operated by concession, and the transfer of urban transportation to the municipality or affiliated institutions, These tasks were undertaken by the central administration in time, since they did not fulfill their duties adequately. Thus, there was a decline in the duties and powers of the municipalities. The troubles brought by the Second World War increased this decline. The fact that the municipal revenues, which were renewed in 1948 with the law numbered 5237, consisted of fixed figures made the municipal administrations inoperable.

In the 1960s, the search for new regulations started and the preferences for "Planned Development" developed and the Development Plans covering a period of five years brought some regulations for the municipalities.

Local administrations of the 1961 Constitution were established to meet the common local needs of the people of provinces, municipalities and villages, and the general decision-making bodies were defined as public legal entities elected by the people in accordance with the principles in Article 55 of the Constitution, and at the same time, these administrations should provide income sources in proportion to their duties. predicted. (Art.116)

In these years, governments sought solutions to alleviate the economic difficulties of municipalities, turned to provide loan opportunities to big city municipalities in various ways, and at the same time, small towns needed municipal buildings, shops, hotels, slaughterhouses, parks, gardens, etc. They have developed the free support application in the construction of the facilities. However, the share of local governments in public expenditures has gradually decreased since 1946.

With the September 12, 1980 revolution, it was envisaged that the municipalities near the big cities could not provide services to the public, under the coordination of the Martial Law Commanders and in a way that they would order.

The first decision on municipalities in the military administration, which lasted for three years, concerns the dissolution of municipal bodies and the appointment of mayors. The first reason for this decision is that the municipalities are politicized enough to disrupt the service and protect the anarchists by getting involved in anarchic events, the second is related to the finances of the local administrations, especially the municipalities. For this purpose, by enacting the "Law on the Allocation of General Budget Tax Revenues to Municipalities and Special Provincial Administrations" dated February 2, 1981 and numbered 2380, a 5% share was given to the municipalities over the total of the general budget tax revenues and financial comfort was provided. This rate has been increased even more since 1985.

The period of the 1982 Constitution; It is a period of new regulations for municipalities. First of all, this issue was regulated by Article 127 of the Constitution. Accordingly, local administrations; It was established to meet the local common needs of the city, municipality and village people. In the last paragraph of the article, it is stipulated that local administrations to establish a union among themselves with the permission of the Council of Ministers for the purpose of providing public services and that this will be regulated by law, in a sense, special management forms can be developed for large city centers.

In this period, although the Municipal Law No. 1580 remained organically the same, Law No. 3030 was added to it. However, a large city municipalities and district municipalities to normal municipal system in Turkey was added. In addition, a new zoning law no 1985 of 3194 has been enacted. After the November 1983 elections, the political power of the period passed other laws on municipalities from the parliament. The peculiarity of these laws is that they take certain powers from central government bodies and assign them to municipalities.

Another issue in the Republic Period is that the principle of decentralization was gradually adopted and expanded. In the Legal Basis on the subject, a term related to the centralization procedure was not used in the 1921 and 1921 Organization Laws. This term is included only in the 1961 Constitution as "central government". In the previous Constitutions, "the unity of the state" is seen as the main principle, and even when it is combined with the fact that it includes "graduation" and "tefrik-i vezaif", it is seen that centrality is the usual rule, that is, the centralization procedure is valid in the integrity of the country.

If decentralization is defined as the transfer of some of the political and administrative powers to the authorities outside the central administration, the 1961 Constitution, unlike the previous Constitutions, introduced the principle of decentralization of service directly, clearly and in detail, and administrative decentralization was completed. Article 1961 of the 112 Constitution determined the principles of the administration, the establishment and duties of the administration, the central administration and the principles of decentralization. Later, with Article 116, we see that local government organizations are provincial municipalities and villages and their bodies are defined as public legal entities elected by the people.

The 1982 Constitution also stipulated that "the establishment and duties of the administration are based on the principles of central administration and decentralization." Again, with its 127th article, it states that these local administrations are provinces, municipalities and villages. Although there are some differences between the 1961 Constitution and the 1982 Constitution, the most important of these is the "administrative tutelage" issue. In the 1982th article of the 127 Constitution, it is clearly stated that the central government has a tutelage over local governments, unlike the 1961 Constitution. (127. art / 5)

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