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Legal Character of the Permissions Which are Granted by BRSA According to Banking Law No:5411: A New Permission Type in Turkish Administrative Law System

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  • Emrah Uran

Abstract

Independent Regulatory Agencies (IRA) has been in fact established as a result of the state’s desire to undertake the role of a referee rather than being a market player in our country. Though IRAs’ initial establishment aim was as such, it has caused considerable discussions in the field of administrative law, which is still on progress. In this study, a new approach has been brought to the discussions triggered by IRAs. Till now, it is generally assumed in the doctrine that there are merely two forms of permissions in the administrative law, and certain criteria are developed to distinguish them. However, when these certain criteria assessed together with the inherent nature of the banking sector, it is understood that permissions granted by the Banking Regulation And Supervision Agency (BRSA) can not be classified according to a base mentioned criteria. Consequently, this study assumes that permissions granted by the BRSA are a new type of permission and this type of permission that emerged in the theory bears such an importance that may lead to the questioning of IRAs’ characteristics in near future.

Suggested Citation

  • Emrah Uran, 2008. "Legal Character of the Permissions Which are Granted by BRSA According to Banking Law No:5411: A New Permission Type in Turkish Administrative Law System," Journal of BRSA Banking and Financial Markets, Banking Regulation and Supervision Agency, vol. 2(1), pages 109-130.
  • Handle: RePEc:bdd:journl:v:2:y:2008:i:1:p:109-130
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    References listed on IDEAS

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    More about this item

    Keywords

    Banking; Public Service; Permission;

    JEL classification:

    • H83 - Public Economics - - Miscellaneous Issues - - - Public Administration
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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