Concurrency of police powers under administrative law

Police powers of the administration, used for the protection of public order, is of great importance due to its capacity for interference with the fundamental rights and freedoms of individuals and the administration's authority to establish enforcement actions that limit these rights under police powers. In terms of the public order the administration aims to protect, the administration has the authority to establish individual administrative acts within the framework of a wide range of procedures such as rule-making, prohibition, permission, notification, cessation of activity, closure of a place and to impose sanctions against disorderly acts. Various problems are observed in the use of these duties and powers granted to the administration within the scope of police powers. These problems arise mainly due to the fact that the Turkish administrative organization consists of different public legal entities and administrative units, and the duties and powers related to police power activities are distributed between public legal entities and administrative units that make up different parts of the organization. However, although this distribution of duties and powers is not completely disconnected from each other, it creates an uncertainty due to the assignment of duties and powers to different administrative units on the basis of same or similar police powers, the use of these powers on a given geographical area by intertwined administrative bodies in the same geographical area, or authorization of different administrations in terms of the time when the activity will be carried out. It is seen that aforementionend administrative bodies interfere with fundamental rights and freedoms by using the same or different procedures as they perform administrative police power at the same time. Thus, with the intertwining of police powers between different administrative units, administrative acts are established by these administrative units based on these powers at the same time. In this sense, it is crucial to resolve the jurisdictional disputes that may arise between the general administrative police authorities and the private administrative police authorities and between private administrative police power authorities itself, a theoretical basis should be established for the protection of fundamental rights and freedoms by harmonizing the sharing of powers with the solution method to be put forward in this regard.