The effectiveness of the State Audit Board on the administrative agency

With the "Law No. 6771 Amending the Constitution of the Republic of Turkey", the government system of the Republic of Turkey was changed. There became a transition from the parliamentary system to the presidential system peculiar to Turkey. According to Article 104 of the Constitution, which states the duties and powers of the President, the President is the head of state and the executive power belongs to the President alone. The President is no longer impartial; that's to say, he or she can be a member of any political party. Since the President is the head of the executive branch, important changes have been accordingly made in the structure of the State Supervisory Board, which is one of the institutions related to the President. The Board, which takes part in the supervision of the administration through non-judicial means, was reorganized in article 108 of the Constitution. Different from its position before the amendment with Law No. 6771, the Board has been given the authority to conduct administrative investigations in the relevant authorities listed in Article 108 of the Constitution. In addition, the Armed Forces outside of the Board's pre-Law no. 6771 were included in its mandate. The functioning of the Board, the term of office of its members and personnel affairs have been regulated not by law as before the amendment, but by the Presidential Decree No. 5 on the State Supervisory Board. The State Supervisory Board, which is a supreme supervisory board, is directly subordinate to the President and takes action upon the instruction it receives from him or her. Unlike the auditing of the administration by independent institutions such as the "Human Rights and Equality Institution of Turkey" or the Ombudsman, the State Supervisory Board is not independent. Although there are cases where the Board can take executive decisions directly with the new regulations, its decisions become enforceable only with the approval of the President. The Council, which has a special place in the Presidency organization, is also a unique structure in that its establishment and functioning can be regulated exclusively by the Presidential decree. The Board is one of the most important indicators of the role and position of the President in the new government system where the executive is gathered in one hand, outside the regulatory area of the Turkish Grand National Assembly. The mandate of the Board has been expanded to enforce the Constitutional provisions. Granting the party President, the authority to inspect the civil sphere as well as public institutions and organizations through the Council. Although it is not the only dimension that shows the political and administrative features of the new government system, in this study, an administrative and political analysis of the new system has been made over the Board, thus contributing to the field of Turkish public law.