INVESTIGATION OF GOVERNANCE FRAMEWORK FOR UNDERSTANDING OFTHE LOCAL GOVERNMENT LAW IN TURKEY

Abstract

Author(s): Ahmet GVEN, agatay ALANv

Public management is in constant change in the face of social expectations, developments in technology and communication tools and global impacts. In the years following the Second World War, the more centralized management structure of the countries of the world, the tendency of the state bodies to be more rigid and unilateral, led to the need for a change in the society in the years to come. This transformation, which encompasses local administrations, especially the central government, is called the new public administration. The purpose of this study, which describes the state of governance, especially in the local administrations, constitutes the place and importance of the governance phenomenon based on local laws. In this context, firstly, the study emphasizes what the meaning of governance means for public administration and decentralization, the relation of local democracy with governance, the problems experienced in governance practices and the place and level of governance of governance especially for local governments. Although the phenomenon of management is as old as human history, the need for better management has increased exponentially. For a better management approach, many ideas have been put in the middle and many techniques and methods have been tried. One of the principles adopted for the good management understanding since then is that the elements affected by the management process take common decisions in the management process. This phenomenon, which is called as governance, refers to the participation of the factors that affect the management in the management process in the decision making process. Again, it is seen that the management process is accountable, transparent, open, effective, efficient and the importance of participation is based on the rule of law. When a good management is said, governance plays a crucial role in ensuring that governed people have a direct or indirect influence on the administration, and those who are responsible for taking decisions are more committed to these decisions and give support. Although the phenomenon of governance plays such an important role in management, there are some problems in the effective use of indirectly in local administrations, especially in public administration. In spite of these problems caused by the bureaucracy and the manager, it is a positive development for the public administration that the governance issue should be handled in many legal regulations and the public administrations should include this fact in the management process. In this study, the principles of the concept of governance, accountability, participation, transparency and the rule of law are mentioned in local government laws; Law No. 442, Metropolitan Municipality Law numbered 5216, Municipal Law No. 5393 and Law on Special Provincial Administration No. 5302 are examined and the legal basis of the concept of governance is tried to be put forward.

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