Balıkesir Metropolitan Municipality is established by the Law Nr. 6360 promulgated in official gazette on 12.11.2012 regarding “The Establishment of Fourteen Metropolitan Municipalities and Twenty seven District Municipalities with the change in the Decree Laws”. After the election on 30 March 2014, Balıkesir Municipality reaches the status of Metropolitan Municipality. In the same year legal entity of Balıkesir Special Provincial Administration is also abolished.
Legal Obligations and Legislative Framework
Metropolitan Municipalities’ duties, responsibilities and authority is determined by Metropolitan Municipality Law Nr. 5216, Municipality Law Nr. 5393, Public Financial Management and Control Law Nr. 5018.
Besides the main laws regulating municipal affairs, there are available many laws, regulations and notifications on municipality’s fields of activity. List of law and regulations is attached as a separate document. Short information about Metropolitan Municipality law,
1) METROPOLITAN MUNICIPALITY LAW
Law Number: 5216
Date of Acceptance: 10/7/2004
Date of Publication in Official Gazette: 23/7/2004
Objective of this law concerning Metropolitan Municipality and its District Municipalities is to regulate legal status of Metropolitan Municipality and to have planned, programmed, effective, and efficient municipal services.
Metropolitan Municipality’s duties and authorities in law Nr. 5216:
Very distinctive duties and responsibilities of Metropolitan Municipality and its district municipalities are listed in order in article 7 of Law Nr. 5216. Services and investments in this article are not in order and many working subjects from strategic, construction plan and social welfare, to the storage of the solid waste and natural disaster management are written in a mixed way. New sub-articles are added with Law Nr. 6360 in 2012 lastly. 8 sub-articles regarding District Municipalities and 23 sub-articles regarding Metropolitan Municipality are included in article 7.
Article 8 of the law has the title of Infrastructure services and details about management of the infrastructure services are available in it.
Article 9 of the law under the title of “Transportation services” includes management of transportation services in coordination.
In article 10 under the title of authorities of Metropolitan Municipality and its district municipalities, Metropolitan Municipality and its district municipalities are given authorities, privileges and immunities by law Nr. 5216 and by municipal law and the other legislation provisions.
Also in the article 11 under the title of “Metropolitan Municipality’s construction control authority”, Metropolitan Municipality has the authority to inspect development plan implementation of district municipalities.
2) MUNICIPAL LAW
Law Number: 5393
Date of Acceptance: 3/7/2005
Date of Publication in Official Gazette: 13/7/2005
Metropolitan Municipalities are also included in Law Nr. 5393 that regulates Municipality’s establishment, administration ,authority, organs and responsibilities with working methods and principles.
In the article 14 of law Nr. 5393 “Municipality’s duties and responsibilities” and in the article 15 “Municipality’s duties and authorities” are listed in order in detail.
3) PUBLIC FINANCIAL MANAGEMENT AND CONTROL LAW
Law Number: 5018
Date of Acceptance: 10/12/2003
Date of Publication in Official Gazette: 24/12/2003
Objective of the law Nr. 5018 which is about the financial management and control of the local administration is to regulate use of public resources efficiently, economically and effectively by conforming to development plans and programs, regulate structure and operation of the public financial management, regulate the preparation and operation of capital budget and regulate reporting, finacial control and the recognition of financial transaction to provide accountability and fiscal transparency.
Use and control of the European Union’s fund with domestic and foreign funds received by public administrations are also subject to this law without prejudice to provisions.