Introduction
The mayor is one of the most important actors in Turkish local government. Under Turkish Municipality Law, the mayor is not merely a political figure elected by local voters. The mayor is also the head of the municipal administration, the representative of the municipal legal entity, the chair of key municipal organs, the executive authority responsible for implementing municipal council and committee decisions, and the person responsible for protecting the municipality’s rights and interests.
In Turkey, municipalities are public legal entities established to meet the local common needs of residents. Municipality Law No. 5393 defines the municipality as an administrative and financially autonomous public legal entity whose decision-making body is elected by voters, and it identifies the municipal council, municipal committee and mayor as the three municipal organs.
The mayor’s powers and responsibilities are mainly regulated by Municipality Law No. 5393, especially Articles 37 to 47. Article 37 states that the mayor is the head of the municipal administration and the representative of the municipal legal personality. Article 38 lists the mayor’s duties and powers in detail, including managing the municipal organisation, representing the municipality, implementing the budget, managing municipal assets, collecting municipal receivables, appointing municipal personnel and taking measures for the peace, welfare, health and happiness of local residents.
For citizens, investors, businesses, contractors, municipal employees and property owners, understanding the mayor’s legal role is essential. Many municipal acts are issued under the mayor’s authority or implemented through the mayor’s administrative leadership. However, the mayor’s authority is not unlimited. Turkish municipality law creates a system of shared power between the mayor, municipal council and municipal committee. Judicial review, administrative audit, financial control and criminal-law rules may also apply where mayoral authority is used unlawfully.
1. Legal Position of the Mayor in Turkish Municipality Law
Article 37 of Municipality Law No. 5393 provides the legal definition of the mayor’s position. The mayor is the head of the municipal administration and the representative of the municipality’s legal personality. The mayor is elected according to the procedures and principles set out in the relevant legislation. During the term of office, the mayor cannot serve in the management or supervisory organs of political parties and cannot chair or serve in the management of professional sports clubs.
This rule shows the dual character of the mayor’s office. On one hand, the mayor is democratically elected and has political legitimacy. On the other hand, once elected, the mayor must exercise public authority within the limits of administrative law. The mayor cannot treat the municipality as a private organisation, political party branch or personal administration. The mayor acts on behalf of a public legal entity and must protect the public interest, municipal assets, lawful procedures and equal treatment of residents.
The prohibition on serving in political party management during office is significant. It reflects the idea that although mayors are elected through political processes, they must administer the municipality for all residents, not only for political supporters. This principle is highly relevant in licensing, zoning, public procurement, municipal employment, social assistance and enforcement practices.
2. The Mayor as the Highest Administrative Officer
One of the mayor’s primary duties is to act as the highest superior of the municipal organisation. Article 38(a) provides that the mayor directs and manages the municipal organisation as its highest authority and protects the municipality’s rights and interests.
This gives the mayor broad executive leadership. Municipal directorates, departments, units and personnel function under the mayor’s administrative authority. The mayor is expected to coordinate services, ensure lawful execution of municipal decisions, supervise personnel, manage institutional priorities and protect municipal assets and claims.
However, being the highest administrative officer does not mean the mayor may ignore the municipal council or committee. Certain decisions legally belong to the council or committee. For example, municipal property sales, long-term leases, budget approval, municipal regulations, zoning plan approvals and certain company-related decisions require municipal council authority. The mayor may prepare, propose, implement or manage these matters, but cannot replace the legally competent organ.
Therefore, one of the most important legal limits on mayoral power is competence. If a matter requires a council decision, the mayor cannot validly decide it alone. If a matter requires a committee decision, the mayor cannot bypass the committee. Administrative acts issued by an incompetent authority may be annulled by administrative courts.
3. Representation of the Municipality
Article 38(c) authorises the mayor to represent the municipality before state offices, ceremonies and courts, either as claimant or defendant, or to appoint a representative.
This is a core legal power. The municipality is a public legal entity, but it acts through organs and representatives. The mayor represents the municipality in official communications, administrative proceedings, judicial cases, public ceremonies, protocols and institutional relations. In litigation, the mayor may represent the municipality or appoint lawyers and other authorised representatives.
This representation power has practical consequences. Lawsuits involving municipal decisions, compensation claims, contract disputes, zoning cases, expropriation disputes, public procurement matters and municipal property cases are often followed through the mayor’s representation authority. However, the mayor’s representation does not allow personal control over judicial duties. The municipality must act in accordance with court judgments, procedural obligations and public-law principles.
There is also a special rule for conflicts of interest. Article 43 provides that where the mayor, the mayor’s first- or second-degree blood or in-law relatives, or adopted children are in dispute with the municipality, litigation and representation of the municipality are carried out by the first deputy chair of the council, or if unavailable, the second deputy chair or persons authorised by them.
This provision is important for transparency. It prevents a mayor from representing the municipality in a dispute where the mayor or close relatives have a personal conflict with the municipality.
4. Strategic Plan, Performance and Municipal Management
Article 38(b) gives the mayor a central role in strategic management. The mayor manages the municipality according to the strategic plan, creates institutional strategies, prepares and implements the budget in accordance with those strategies, prepares performance criteria for municipal activities and personnel, monitors and evaluates them, and submits related reports to the municipal council.
Article 41 further provides that the mayor must prepare the strategic plan within six months after local elections and submit the annual performance programme before the beginning of the relevant year. The strategic plan must be prepared in accordance with development plans and programmes and, where applicable, regional plans; it must be accepted by the municipal council before entering into force. Municipalities with a population under 50,000 are not required to prepare a strategic plan.
This framework transforms the mayor from a purely political administrator into a performance-oriented public manager. The mayor must connect municipal policies with planning, budgeting and reporting. Strategic planning is not only an internal administrative exercise; it affects public accountability. If the municipality spends funds, undertakes projects or provides services contrary to strategic priorities and budgetary discipline, audit and legal responsibility may arise.
For businesses and residents, strategic plans may be relevant in disputes concerning investment priorities, infrastructure projects, social services, urban development and public service allocation. Although strategic plans do not replace statutes, they provide an important benchmark for evaluating municipal consistency and accountability.
5. Chairing the Municipal Council and Municipal Committee
Article 38(d) authorises the mayor to chair the municipal council and municipal committee. This power gives the mayor an important coordinating role between the municipality’s deliberative, executive and administrative organs.
The municipal council is the main decision-making body. It adopts the budget, strategic plan, zoning plans, municipal regulations, long-term property decisions and other major policies. The municipal committee performs important administrative and executive functions. It reviews the budget and final accounts before submission to the council, makes certain expropriation decisions, imposes legally prescribed penalties, implements certain council decisions on property transactions and decides leases not exceeding three years.
The mayor’s chairing role does not mean that the mayor owns these organs. The council and committee have independent statutory functions. The mayor may guide the agenda and implementation, but must respect quorum, voting, conflict-of-interest rules and legal competence. For example, Article 35 provides that the municipal committee meets at least weekly, decides by majority and that matters not referred by the mayor cannot be discussed by the committee; it also requires committee decisions to be signed and dissenting members to state reasons.
The mayor therefore has agenda-setting and leadership influence, but that influence must be exercised within procedure.
6. Implementation of Council and Committee Decisions
Article 38(h) gives the mayor the duty to implement municipal council and committee decisions. This is one of the clearest expressions of the mayor’s executive function.
The municipal council may adopt a zoning plan, approve a budget, authorise a municipal property transaction or adopt a regulation. The municipal committee may impose a fine, decide on a short-term lease or implement a council decision on immovable property. The mayor is then responsible for execution through municipal units.
This duty is important because local democracy would be ineffective if council decisions remained on paper. At the same time, the mayor cannot selectively implement council decisions based on political preference. If a decision is final and enforceable, the mayor must ensure implementation unless there is a lawful reason not to do so or a court decision suspends or annuls it.
If the mayor believes a council decision is unlawful, Article 23 of Law No. 5393 allows the mayor to return it to the council for reconsideration within five days, with reasons. If the council insists with the required majority, the decision becomes final and the mayor may apply to the administrative court within ten days.
This mechanism balances the council’s decision-making authority with the mayor’s legality-control function.
7. Budget Implementation and Financial Responsibility
Article 38(i) authorises the mayor to implement the budget and approve budget transfers outside the authority of the municipal council and committee. Article 38(f) also requires the mayor to follow and collect municipal revenues and receivables.
These provisions make the mayor a key figure in municipal financial management. The mayor must ensure that municipal revenues are collected, expenditures are made lawfully, budget appropriations are respected and public funds are used efficiently. This includes taxes, fees, service charges, rents, receivables, penalties, participation shares and other municipal revenues.
Financial responsibility is not only administrative. Municipal funds are public resources. Unlawful spending, failure to collect municipal receivables, unauthorised commitments, improper tenders, unlawful asset transfers or politically motivated financial decisions may lead to audit findings, public-loss claims, disciplinary consequences and, in serious cases, criminal-law issues.
The mayor must therefore balance political promises with budgetary legality. A project may be politically popular but still unlawful if not budgeted, not tendered properly or outside the municipality’s legal duties. Similarly, refusing to collect municipal receivables from favoured persons or companies may create public loss.
8. Management of Municipal Movable and Immovable Property
Article 38(e) gives the mayor the duty to manage municipal movable and immovable property. This includes municipal buildings, vehicles, equipment, land, shops, social facilities, parks, service facilities, public-use areas and other assets.
Municipal property management is a sensitive legal field because municipal assets belong to a public legal entity and must be managed for public interest. The mayor may administer and protect these assets, but major transactions often require municipal council or committee authority. For example, Article 34 states that the committee implements council decisions concerning immovable property sales, exchanges and allocations and decides leases not exceeding three years. Article 18 gives the council authority over important immovable property decisions such as sale, purchase, allocation, long-term lease and limited real rights.
Therefore, the mayor’s property management power is an executive and protective power, not an unrestricted disposal power. If the mayor leases, transfers, allocates or allows use of municipal property without the required council or committee decision, the transaction may be unlawful.
For investors and contractors dealing with municipal property, it is essential to verify whether the mayor has proper authority and whether the competent municipal organ has approved the transaction.
9. Contract-Making Authority
Article 38(g) authorises the mayor to enter into contracts, provided that decisions of the competent organs are obtained. This wording is crucial. The mayor may sign contracts, but not every municipal contract can be validly concluded on the mayor’s unilateral decision.
The municipality may enter into procurement contracts, lease agreements, construction contracts, service contracts, settlement agreements, cooperation protocols, consultancy contracts and municipal company-related arrangements. Depending on the subject, the municipal council, committee, tender commission or other competent body may first need to make a decision.
For example, a long-term lease of municipal property may require council approval. A short-term lease may require committee action. A public procurement contract must follow procurement procedures. A settlement exceeding certain thresholds may require competent organ approval. The mayor then signs or executes the contract on behalf of the municipality.
The phrase “subject to obtaining the decision of competent organs” prevents concentration of contractual power in the mayor alone. It protects municipal assets, public competition, budget discipline and democratic accountability.
10. Personnel Appointment and Organisational Supervision
Article 38(j) authorises the mayor to appoint municipal personnel, and Article 38(k) authorises the mayor to supervise the municipality, its affiliated bodies and its enterprises. These powers are central to municipal administration.
Municipal personnel include civil servants, contracted personnel, workers and other staff categories depending on the legal framework. Appointments must comply with norm staffing rules, personnel legislation, budget limits, merit principles, labour law and public employment rules. The mayor cannot use personnel authority arbitrarily or for political patronage. Unlawful appointments, discriminatory practices, irregular promotions or improper dismissals may create administrative, labour and audit disputes.
The supervision power also extends to municipal affiliated organisations and enterprises. This is important where municipalities operate through municipal companies, water and sewerage administrations, transport entities or local service enterprises. The mayor must ensure lawful, efficient and accountable service delivery. However, where an entity has separate legal personality, its own corporate organs and special statutory framework, the mayor’s supervision must respect those boundaries.
Personnel and supervision authority is therefore both a power and a responsibility. Failure to manage personnel lawfully may expose the municipality to reinstatement lawsuits, wage claims, public-loss allegations and administrative scrutiny.
11. Acceptance of Donations and Use of Representation Funds
Article 38(l) authorises the mayor to accept unconditional donations. Article 38(o) authorises the mayor to use the appropriation allocated for representation and hospitality expenses.
The ability to accept unconditional donations may benefit local services, but donations must be transparent and lawful. A donation should not be used to influence zoning, licensing, procurement, municipal enforcement or public service priorities. Conditional donations may require separate municipal council authority depending on their nature. If a donation creates obligations or affects municipal policy, it should be carefully reviewed.
Representation and hospitality expenditures are also sensitive. Such funds must be used for legitimate municipal representation purposes, not personal luxury or political activity. Since the mayor manages public funds, documentation, budget compliance and public-interest justification are important.
12. Public Welfare, Health and Social Responsibilities
Article 38(m) requires the mayor to take necessary measures for the peace, well-being, health and happiness of local residents. Article 38(n) authorises the mayor to use budget appropriations allocated for poor and needy persons, carry out services for disabled persons and establish a disabled persons’ centre.
These provisions show the social dimension of mayoral responsibility. The mayor’s role is not limited to roads, buildings and contracts. Municipal leadership includes public health, social assistance, accessibility, local welfare, public peace and support for vulnerable groups.
Municipal social measures must still comply with legality and equality. Assistance cannot be distributed arbitrarily, politically or discriminatorily. Municipal aid should follow objective criteria, budgetary rules and public-interest principles. Public health measures should be based on lawful authority and coordination with relevant institutions.
This area is especially important during disasters, epidemics, severe weather events, economic hardship and local emergencies. A mayor who fails to take reasonable measures within municipal competence may face political, administrative and sometimes legal criticism.
13. Residual Powers Granted by Law
Article 38(p) provides that the mayor performs duties and exercises powers given to the municipality by law that do not require a municipal council or committee decision.
This is a practical residual clause. Turkish law grants municipalities many duties across different statutes. Some require council approval, some require committee action, and some may be performed directly through the mayor’s executive authority. Article 38(p) ensures that the mayor can carry out municipal legal duties where no separate organ decision is required.
However, this residual authority must not be misused. It does not allow the mayor to take over matters assigned to the council or committee. It only applies where the law gives a municipal task and does not require another municipal organ’s decision.
In litigation, disputes may arise over whether an act fell within the mayor’s residual executive authority or required council/committee approval. Administrative courts examine the legal basis and competence carefully.
14. Delegation of Mayoral Powers
Article 42 allows the mayor to delegate some duties and powers to municipal officials who have managerial capacity, if the mayor considers it appropriate.
Delegation is necessary in modern municipal administration. Large municipalities cannot operate if every decision is personally signed by the mayor. Directorates, deputy mayors and unit heads may need delegated authority for licences, correspondence, procurement preparation, personnel matters, routine approvals and service management.
However, delegation must be lawful, clear and limited. The mayor cannot delegate powers that are legally non-delegable or that belong to another municipal organ. Delegation does not remove the mayor’s overall responsibility for supervision. If a delegated officer acts unlawfully within the delegated sphere, both the officer’s act and the municipality’s responsibility may be examined.
For businesses and residents, checking delegation authority can be important. A decision signed by a municipal officer may be invalid if that officer lacked delegated authority.
15. Temporary Absence and Acting Mayor
Article 40 regulates temporary absence. If the mayor is absent due to leave, illness or another reason, the mayor appoints one of the municipal council members as acting mayor. The acting mayor has the mayor’s powers during the acting period.
This provision ensures continuity of municipal administration. Municipal services, payments, correspondence, emergency decisions and administrative processes cannot stop merely because the mayor is temporarily absent.
However, the acting mayor’s authority is tied to the acting period and appointment. Acts performed outside that period or without lawful appointment may create competence disputes. Important decisions taken by an acting mayor may also be scrutinised more carefully if they are politically sensitive or financially significant.
16. End of Mayoral Office and Vacancy
Article 44 provides that the office of mayor ends automatically in cases of death and resignation. It also lists circumstances where, upon application by the Ministry of Interior, the Council of State may decide that the mayoral status ends. These include unjustified continuous absence from duty for more than twenty days as determined by the local administrative authority, loss of eligibility for election, a medical report showing illness or disability preventing continuation of duty, and participation in acts or actions causing dissolution of the municipal council.
Article 45 regulates procedures when the mayoralty becomes vacant. The governor ensures that the municipal council convenes within ten days, and the council elects a mayor or acting mayor depending on the legal reason for the vacancy or temporary removal. The article also sets voting thresholds and procedural rules for election by the council.
These rules protect continuity and legality. They also show that mayoral office is not purely political; legal status, eligibility, health, absence and judicial processes may affect continuation of office.
17. Suspension From Office
Article 47 provides that municipal organs or members of these organs who are subject to investigation or prosecution for an offence related to their duties may be suspended by the Minister of Interior until the final court decision. The suspension decision must be reviewed every two months, and it must be lifted if there is no public interest in its continuation.
Suspension is a significant intervention in local democratic administration. It must be understood as a temporary administrative measure, not a criminal conviction. Because mayors are elected officials, any suspension has strong constitutional and political implications. At the same time, the law allows suspension where duty-related criminal investigation or prosecution creates a public-interest concern.
The review requirement is important. A suspension should not continue automatically without reconsideration. If the public interest no longer justifies suspension, the measure must be lifted.
18. Legal Responsibility of Mayors
Mayors may face several types of legal responsibility: administrative, financial, civil, criminal and political responsibility.
Administrative responsibility may arise from unlawful municipal acts, failure to implement court decisions, misuse of authority or breach of procedure. Financial responsibility may arise from public loss, unlawful spending, failure to collect municipal receivables or improper asset management. Civil or compensation responsibility may arise indirectly through municipal liability where public service defects cause damage. Criminal responsibility may arise where conduct constitutes offences such as misconduct in office, bid rigging, embezzlement, forgery, bribery or other crimes, depending on the facts.
Political responsibility arises through elections, public criticism, municipal council scrutiny and activity reports. The municipal council may evaluate the mayor’s annual activity report. The statutory scheme includes mechanisms where serious insufficiency findings may ultimately lead to legal consequences through the Council of State process.
A key point is that the mayor is not personally liable for every municipal problem. Municipal liability is usually borne by the municipal legal entity in administrative courts. Personal liability requires a specific legal basis, fault, public-loss finding, criminal conduct or other legal condition. However, the mayor’s executive authority means that serious mismanagement may lead to personal scrutiny.
19. Judicial Review of Mayoral Acts
Mayoral acts may be challenged before administrative courts if they are final and enforceable administrative acts affecting legal interests. Examples include licence refusals, closure decisions, personnel decisions, municipal property-related decisions, administrative enforcement acts, refusal to implement a request, or decisions issued through delegated mayoral authority.
The court reviews legality, not political expediency. A mayoral act may be annulled if issued without authority, without proper procedure, without legal basis, based on incorrect facts, disproportionate in content or contrary to public interest.
If a mayoral act causes damage, the affected person may file a full remedy action against the municipality. If the damage arises from an administrative act, annulment and compensation may be pursued together or in sequence. If the damage arises from administrative action or omission, prior application rules under Administrative Procedure Law No. 2577 may apply.
Businesses and property owners should pay close attention to deadlines. Municipal decisions often become difficult to challenge if the administrative lawsuit period is missed.
20. Practical Importance for Businesses, Investors and Residents
The mayor’s powers affect many practical areas. A business may depend on mayor-led licensing departments. A contractor may enter a municipal contract signed by the mayor after proper tender procedures. A property owner may challenge a demolition or zoning-related implementation act. A municipal tenant may deal with mayoral administration of municipal property. A citizen may seek social assistance, infrastructure repair, road maintenance or enforcement against unlawful occupation of public space.
For investors, the main practical question is whether the mayor has acted within legal authority. A mayor’s signature is not enough if the transaction required council approval, committee decision, tender procedure or another statutory condition. For municipal contracts and property transactions, legal due diligence must verify the underlying municipal organ decisions.
For residents, the mayor is the visible face of municipal administration, but rights should be asserted through written applications, administrative records and legal remedies. Oral promises, political meetings or informal assurances are not substitutes for lawful municipal decisions.
21. Compliance and Good Governance Principles for Mayors
A legally sound mayoral administration should follow several principles.
First, all acts must have a legal basis. Second, competence rules must be respected. Third, municipal council and committee decisions must be implemented unless lawfully challenged. Fourth, budgetary discipline must be observed. Fifth, municipal property must be protected. Sixth, contracts must be based on competent organ decisions and proper procurement or tender rules. Seventh, personnel decisions must comply with merit, equality and labour rules. Eighth, social assistance must be objective and documented. Ninth, court judgments must be implemented without delay. Tenth, conflicts of interest must be avoided.
These principles are not only ethical recommendations. They are legal safeguards. A mayor who follows them reduces the risk of annulment lawsuits, compensation claims, audit findings, criminal investigations and public distrust.
Conclusion
The mayor’s powers and responsibilities under Turkish Municipality Law are broad, practical and legally significant. The mayor is the head of the municipal administration and the representative of the municipal legal entity. Under Article 38 of Municipality Law No. 5393, the mayor manages the municipal organisation, protects municipal rights and interests, represents the municipality, chairs the council and committee, manages municipal assets, follows municipal revenues, signs contracts after competent organ decisions, implements council and committee decisions, applies the budget, appoints personnel, supervises municipal entities, accepts unconditional donations and takes measures for local welfare, health and peace.
However, Turkish municipality law does not create an unlimited mayoral office. The mayor must act within the Constitution, Municipality Law No. 5393, budget rules, procurement rules, zoning law, personnel law and administrative procedure. The municipal council and municipal committee retain important statutory powers. Court review, administrative audit, financial control and criminal-law rules operate as legal limits on mayoral authority.
For businesses, investors and residents, the mayor’s role is central because many municipal processes are implemented under mayoral leadership. Yet the validity of mayoral acts depends on legal competence, proper procedure, public interest and compliance with statutory limits. A mayoral decision issued without legal authority may be annulled; a municipal act causing damage may lead to compensation; unlawful financial decisions may create public-loss responsibility.
In short, the mayor in Turkish municipal law is both a democratic local leader and a public-law executive. The mayor’s authority is powerful because it shapes local services, municipal management, budgets, personnel, contracts and public welfare. But that authority must always be exercised lawfully, transparently and for the benefit of the municipality and its residents.
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