Analysis of Institutional Independence and Autonomy of Regulatory and Supervisory Agencies in the Context of the Presidential Government System


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Karataş A.

Kırıkkale Hukuk Mecmuası (Online), cilt.5, sa.2, ss.845-872, 2025 (Hakemli Dergi)

Özet

This study examines the impact of the Presidential Government System, adopted in Türkiye through the 2017 constitutional amendments, on the independence and autonomy of regulatory and supervisory agencies (RSAs). The primary objective is to assess how the structural and functional transformation introduced by the new system has affected the ability of these institutions to make decisions free from political influence.

Using content analysis, the research conducts a comparative evaluation of eleven RSAs based on key indicators such as administrative structure, appointment and dismissal procedures, tenure security, relationships with the legislative and executive branches, financial resources, and accountability mechanisms. The findings reveal that although these agencies maintain a legal framework that emphasizes independence, their de facto dependence on the executive has intensified. In particular, centralized practices in appointments and budgetary control have significantly weakened their institutional autonomy. This study contributes to a deeper understanding of how the centralization of executive power under the Presidential System has redefined the role and functioning of RSAs. It highlights the tension between administrative efficiency and democratic oversight, and questions the sustainability of institutional independence in a politically consolidated governance model. By situating RSAs within the broader context of the rule of law and good governance, the research offers an original and critical perspective to the literature on public law and administrative reform.

Keywords: Presidential Government System, Regulatory and Supervisory Agencies, Institutional Independence, Autonomy, Public Administration.