The Presidential decrees in Turkish law

With the Statutory Decrees No. 700 and 703 issued in order to adopt with the 2017 Constitutional amendments, the expressions "Council of Ministers" in the laws were changed to "President". As a result of this change, the administrative acts known as the decisions of the Council of Ministers in Turkish Law were replaced by the Presidential decrees, which is a new type of administrative act. Presidential decrees have brought many uncertainties as they are a new type of administrative action in Turkish Law. These uncertainties hinder the understanding of the legal regime of Presidential decrees. On the other hand, the fact that the Presidential decrees are not regulated in the Constitution, that the relevant Council of State decisions do not constitute a systematic jurisprudence on the subject and that the authors in the doctrine have not dealt with the issue in a comprehensive way make it difficult to determine the basic premises regarding the Presidential decisions. Our study titled "Presidential Decrees in Turkish Law" aims to clarify these uncertainties regarding Presidential decisions. Within the scope of this target, in our study, it is aimed to create a general framework on the subject by classifying the Presidential decisions from different aspects. After this framework was created, the President's decisions were examined in terms of material content. In the examination made in terms of material, content, competence, form, subject, reason and purpose elements of the Presidential decrees were examined. While examining the elements of the President's decisions, relevant provisions in codes and court decisions are included in order to concretize the issue. At the same time, the results of the study were supported by giving examples of Presidential decrees published in the Official Gazette. In our study, the position of the regulatory presidential decrees in the hierarchy of norms was determined. Then, the Presidential decrees of regulatory structure were compared with other regulatory acts of the President.