The effects of decentralization on law enforcement in unitary states: Examples of France, United Kingdom, Spain And Turkey

The state, which has been legitimized on the basis of ensuring security and establishing the legal order, has shaped its monopoly of violence as law enforcement in the context of internal security. Until the 1970s, the modern state, which tried to take responsibility for almost all service areas, was declared guilty of the global economic crisis and began to be criticized that it should return to its primary duties. Although law enforcement, is considered as the primary duty of the state, has been subjected to the same transformation with the decentralized state. In this study, the effects of decentralization on law enforcement practices in France, the United Kingdom, Spain and Turkey, where the unitary state has found an application area, were examined. The effects of decentralization on law enforcement is examined in the context of complementary/auxiliary law enforcement practices, local administrations' law enforcement practices, private security and internal security governance practices. In this study; European Charter of Local Self-Government, European Urban Charter, Organic Law, law enforcement legislations, domestic and foreign academic publications were examined and some findings were obtained about the effects of decentralization on law enforcement practices in selected countries. In all of the countries examined, it has been determined that the internal security service has begun to be transferred to local governments, private security and the society in cooperation with the law enforcement. However, one of the important points identified regarding the decentralization of law enforcement is that France, the United Kingdom and Spain have shaped the decentralization of their internal security according to their own character and priorities. As a result of the study, it has been understood that Turkey should adapt the globally accepted and implemented public policies in a way that does not ignore the culture, value, problems and wishes of the society it serves. In this thesis, it is aimed to draw a roadmap for decentralized law enforcement practices in Turkey, rather than starting a debate whether law enforcement in Turkey should be decentralized or not. When evaluated in this context, it has been determined that the transfer of law enforcement authority to municipalities in Turkey may damage the unitary state structure, and considering the future size of the private security sector and its area of influence, a need for a regulatory authority has emerged in Turkey. Finally, it has been seen that the implementation of policies that focus on local characteristics rather than national ones for success in the field of Community Policing is important in the fight against crime. As a matter of fact, when considered in this context, it has been concluded that the Local Prevention and Security Boards, which are planned to be implemented at the end of the Civilian Oversight of the Internal Security Sector Project, should be supported by all security stakeholders. Keywords; State, Security, Monopoly of Violence, Law Enforcement, Unitary State, Decentralization, Central Administration, Public Service, Common Local Need.