TRUSTEES VS DEMOCRACY: CONSTITUTIONAL STRUGGLES IN TURKEY’S LOCAL GOVERNANCE

According to the Turkish Constitution, the Interior Minister may remove from office mayors under investigation or prosecution for offences related to their duties as a provisional measure until a final court judgment is rendered. However, the Constitution does not specify the appointee after a suspension, its duration, or other procedural details. Initially, under the Municipality Law, local councils were required to hold elections to replace suspended mayors. This changed in 2016 when, following a state of emergency, an amendment was introduced stipulating that if a mayor is suspended due to a terrorism-related investigation, the local council will not hold elections. Instead, the central government appoints a bureaucrat as a replacement, bypassing the council's authority. This regulation is deemed unconstitutional not only because it allows for the dismissal of mayors for offences unrelated to their duties but also because of its method of implementation. In practice, central government officials, such as provincial or district governors, are appointed as trustees to replace dismissed mayors. These appointments, meant to be temporary, often extend until the next local elections, thus eliminating the distinction between central and local administration and violating constitutional principles.