Abstract:

Constitutional Court recently annulled certain statutory provisions which enable private legal entities to supervise electricity generation and distribution facilities by virtue of service contracts to be concluded by and between relevant governmental authority and the private legal entities. The reasoning of the Constitutional Court Decisions rather focused on non-delegation of legislative powers. However, legal discussions on whether supervisory services can be performed by private legal entities under the established rules of public service notion and law enforcement services reemerged due to the said annulment decisions of the Constitutional Court, electricity market legislation and market practices. This article mainly intends to examine the annulment decisions of the Constitutional Court from the perspective of well-known constitutional law and administrative law principles. Additionally, given the mainstay of the discussions, considerations in theory and practice concerning the provision of supervisory services by private legal entities are also included in the scope of the article

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