Amendments Concerning Central and Provincial State Organization

Executive Decree 674 Article 22 has amended the Law on Provincial Administration, giving governors the power to establish systems in public spaces such as squares, highways, streets and parks for the protection of public order and safety, citizens’ lives and property, and for traffic control, and to coordinate efforts for determining, establishing and installing such systems.

Executive Decree 674 Articles 34-36 have amended the Law on the Ministry of Interior’s Structure and Duties, granting legal personality and special budgets to the Investment Monitoring and Coordination Departments founded to replace the special provincial administrations. Ministries and other central government agencies will be able to make all kinds of investment, construction, maintenance, repair and assistance work in the provinces via these departments. The aims of this amendment have been stated as enabling central administration agencies to undertake their provincial investments more efficiently, and solving the problems of co-financing and representation in projects carried out by development agencies, as well as in European Union projects.

Executive Decree 676 Article 32-34 has amended the Law on Public Finance Management and Control, stating that the General Directorate of Security, Gendarmerie General Command and Coast Guard Command can extend their security-related procurements impossible to complete in a single fiscal year to the following years. The Ministry of Interior was given the power to decide on such issues.

Executive Decree 676 Article 69 has amended the Law on Public Finance Management and Control, shifting the senior management title in the Ministry of National Defense from the Minister of National Defense to the undersecretary.

Executive Decree 702 on Organization and Functions of the Nuclear Regulation Authority and Amendment of Certain Laws issued on July 9, 2018 has established the Nuclear Regulation Authority. The said Executive Decree’s Article 1 states the purpose of the decree as follows: “In line with the principle of peaceful utilization, designating the basic principles and procedures for the protection of employees, the public, the environment and future generations from the possible hazardous effects of ionizing radiation during operations related to nuclear energy and ionizing radiation, and determining the organization, functions, powers and responsibilities of the Nuclear Regulation Authority, which has the regulatory control authority over these operations, and the personal rights of its personnel.” In the second paragraph of the same Article, the Decree’s scope was designated as “Plants, equipment, materials and activities related to the nuclear energy and ionizing radiation”.

Executive Decree 702, which consists of 15 articles and 3 provisional articles divided into 6 sections, defines the Nuclear Regulation Authority as an agency autonomous in financial and administrative terms, reporting to the ministry to be determined by the President, “receiving no directives from any post, individual or agency” (Art. 7-1). However, the President will determine “Nuclear Regulation Authority’s operations, areas and issues in line with its objective” (Art. 7-2) as well as “the issues which require an authorization or approval from the Nuclear Regulation Authority, and the activities which necessitate its permission or license” (Art. 4-2). It was also stipulated that the President “will establish the duties and responsibilities of the legal entities authorized by the Authority within the scope of the granted authorization, with all the responsibility resting with the said legal entities” (Art. 4-9). The President will also set the salary to be paid to contracted personnel, which will not exceed “twelve times the average net monthly salary of the first class Nuclear Regulation Specialists -foreign specialists and domestic specialists who have worked at least five years in the field of nuclear regulation overseas” (Art. 7-14).

In order to resolve any conflicts of purpose and authority between the Nuclear Regulation Authority set up with Executive Decree 702, and the Turkish Atomic Energy Authority, the following provision was provided (Art. 8-2): “In the legislation, any references to the Law no. 2690 and dated 9/7/1982 as regards nuclear energy and ionizing radiation will be deemed to have been made to this Executive Decree, and any references to Turkish Atomic Energy Authority will be deemed to have been made to the Authority.” However, the function of undertaking certain certification procedures and eliminating nuclear waste was assigned to the Turkish Atomic Energy Authority, some of whose departments were closed down with the Executive Decree 702 (Art. 6-4/d).

Executive Decree 702 also established the Nuclear Technical Support Joint Stock Company, in which the Nuclear Regulation Authority will have an at least 51% stake, for the purposes of “all sorts of technical support, analysis, consultancy, audit, training and certification services” (Art. 13-1). The said company will not be subject to Law on Court of Accounts, Law no. 657 on Civil Servants, Executive Decree 631 on Financial and Social Rights of Civil Servants and Other Public Officials and the Amendment of Certain Laws and Executive Decrees, Law on Public Tenders, and Law no. 4735 on Public Tender Contracts (Art. 13-5). Validity articles of the Executive Decree no. 702 state that it will come into effect after the inauguration of the President following the TGNA and presidential elections of 24.6.2018, and will be implemented by the Council of Ministers.

Executive Decree 703 Article 119 was amended to change the name of the Law no 2690 on Turkish Atomic Energy Authority to the “Law on the Turkish Atomic Energy Authority’s Exemptions and Certain Amendments”. The same article of the said Executive Decree lists the tax exemptions granted to the Authority with the amendments of 15 articles of the Law. Furthermore, this article added 7 additional articles to the Law concerning diverse issues from its possession of the intellectual property of all kinds of products yielded by the Authority’s projects, to the salaries of Authority specialists.

The most important amendment by the Executive Decree 703 Article 119 in the Law no 2690 is the abrogation of 18 articles which include the 9 articles in Section 1 - Purpose, Scope and Foundation, Section 2 - Duties, Powers and Responsibilities, Section 3 - Organs, Duties and Authorities and Section 4 - Various Provisions, as well as 4 provisional articles and 1 additional article. As such, the Law regulating the legal entity of Turkish Atomic Energy Authority has been largely abrogated. Nonetheless, considering that the Law now focuses mainly on the exemptions of Turkish Atomic Energy Authority, and Executive Decree 702 defines new functions for the Authority, the result is a complicated legislative picture.

Various articles of Executive Decree 703 abrogated laws concerning various ministries’ organizations and functions, and merged a number of ministries. The newly created ministries are as follows:

The Ministry of Family and Social Policies, and the Ministry of Labor and Social Security were merged, receiving the name Ministry of Labor, Social Services and Family. The Ministry of Science, Industry and Technology, and the Ministry of Development were united and renamed the Ministry of Industry and Technology. The Ministry of Customs and Trade and the Ministry of Economy were merged into a single Ministry of Commerce. The Ministry of Food, Agriculture and Livestock, and the Ministry of Forestry and Water Affairs were united into the Ministry of Agriculture and Forestry. The Ministry of Foreign Affairs and the Ministry of EU Affairs were merged. Their new name became the Ministry of Foreign Affairs. The Ministry of Finance was renamed the Ministry of Treasury and Finance. The number of ministries in the field of economics was reduced from 6 to 3, and The Undersecretariat of Treasury was shifted from under the umbrella of Deputy Prime Minister’s Office, to the Ministry of Finance. The Ministry of Transport, Maritime Affairs and Communications was renamed the Ministry of Transport and Infrastructure. As such, the new government system came to comprise 16 ministries in total.

Executive Decree 703 (Art. 122-125) shut down the Directorate General of Press and Information, the State Personnel Department, Undersecretariat of Public Order and Security, Justice Academy of Turkey, and Public Administration Institute for Turkey and the Middle East.

Executive Decree 703 Article 155 amended the Law on Public Housing, placing Housing Development Administration (TOKİ) under the authority of Ministry of Environment and Urbanization.

Executive Decree 703 Article 82 revised the foundation laws for the State Theaters and State Opera and Ballet, severing these institutions’ ties to the Ministry of Culture and Tourism and subordinating them to the President. It was stated that the internal and managerial affairs of the State Theaters shall be administered by a regulation to be published by the President.

Amendments Concerning Central and Provincial State Organization