Trustee Appointments in Place of Suspended Mayors: Beyond the Limits of Administrative Tutelage in Türkiye

Abstract

This study examines the legal nature of trustee appointments in place of mayors suspended from office due to terrorism-related offences in Türkiye. In recent years, the practice has become one of the most contested dimensions of central–local government relations. The mechanism is formally justified within the framework of administrative tutelage as it seeks to preserve the institutional unity between the central administration and municipalities. Existing scholarship generally approaches trustee appointments from two perspectives. The first emphasizes security and counter-terrorism concerns, while the second focuses on democratic backsliding and the erosion of local democracy. In contrast, this study systematically situates the practice within the normative framework of administrative law. It asks whether the direct appointment of trustees by the central administration remains within the constitutional and legal limits of administrative tutelage. Methodologically, the article employs qualitative document analysis based on constitutional provisions, legislation, judicial decisions, national and international reports, and scholarly literature. The analysis evaluates the trustee mechanism through four dimensions: the principle of legality in administrative tutelage, the constitutional and statutory scope of tutelary powers, the balance between administrative tutelage, local autonomy, and democratic representation, and the purpose of tutelary intervention. The findings demonstrate that the trustee system exceeds the legal boundaries of administrative tutelage. Although the suspension of mayors may be justified as a temporary precautionary measure aimed at ensuring the continuity of public services, the subsequent appointment of trustees produces distinct constitutional and democratic consequences. Since the mechanism was originally introduced through a decree law enacted during the state of emergency period, its legitimacy within the ordinary constitutional order remains deeply contested. Furthermore, the hierarchical relationship between the appointing authority and trustees expands the scope of administrative tutelage beyond its classical supervisory character. In addition, the functional neutralization of municipal councils and executive committees weakens the institutional integrity of local self-government. The study concludes that the trustee mechanism constitutes a sui generis form of intervention requiring a reconsideration of the constitutional limits of central administrative intervention in local self-government.