| Abstrakt: |
Liquefied Petroleum Gas (LPG) is composed of hydrocarbons such as propane and butane, or a mixture of these, obtained from petroleum or natural gas and liquefied under pressure. The existence of the LPG market is necessary for all stages from the procurement to the sale of LPG. The Energy Market Regulatory Authority (EMRA) is the regulatory and supervisory body tasked with ensuring that the market activities related to the safe and economically competitive provision of LPG, from domestic and international sources, are carried out appropriately within a fully competitive environment for users. This study aims to delineate the scope of LPG market activities and to establish the limits of the Energy Market Regulatory Authority's oversight authority over these activities. The study holds significance in determining the legal framework of the LPG market, which has received relatively less attention within the spectrum of energy markets. The conceptual framework of LPG market activities in terms of energy law is established by Law No. 5307 and the relevant regulations and decisions of the Energy Market Regulatory Authority. In addition to this, the technical procedures and principles under which LPG products will be subject to market activities constitute the scope of various disciplines. This study relies on works that legally define the LPG market and analyze the powers of the Energy Market Regulatory Authority from the perspective of administrative law. In this study, it was first determined that LPG market activities consist of import, export, storage, transportation, distribution, and dealership activities, and it was established that obtaining a license is required for the execution of these activities. The Energy Market Regulatory Authority is tasked with overseeing whether the relevant market activities are conducted in compliance with the law and secondary regulations. The legal boundaries of the Energy Market Regulatory Authority's supervisory and sanctioning authority have been revealed through a detailed evaluation of the relevant legislation and Council of State decisions. The authority to enforce sanctions has a particular importance because it restricts fundamental rights and freedoms. In the administrative measures and sanctions applied by the Energy Market Regulatory Authority, principles of criminal law and general legal principles must be applied to protect fundamental rights and freedoms. Otherwise, the annulment and full judicial review of such sanctions are possible. In this study, the first conclusion we have obtained is related to the fact that administrative procedural principles are regulated not in the law but in the regulation. Procedural rules and principles related to administrative procedures, which are one of the crucial elements for the effective exercise of the principle of fair trial by individuals, should be regulated in the Law No. 5307. Another conclusion is related to the legality of exercising supervisory power through private individuals. According to Article 12 of Law No. 5307, the supervision of LPG market activities through the procurement of services from private organizations is made possible. The supervision authority, in accordance with Article 128/1 of the Constitution, which must be conducted according to the general administrative principles, is of primary and continuous service nature. Therefore, the supervisory power carried out through private organizations should not go beyond the preparatory process of reporting. Another conclusion is related to the lack of observance of the principle of proportionality in the administrative sanction and the failure to base the discretionary power used on concrete justifications. In accordance with the rule of law principle, the administration must act in accordance with the law in its activities. The most functional way to remedy the deficiencies and inaccuracies identified in this study is through judicial review. There is no obstacle to the annulment and full judicial review of the relevant decisions. [ABSTRACT FROM AUTHOR] |
