A. INTRODUCTION
The civil aviation sector is a sector that requires a multi-layered administrative structure due to its comprehensive nature. Unlike many other sectors, the civil aviation sector involves significant interaction between states, which means that civil aviation activities encompass both national and international legal aspects. At both the international level and within national legal systems, authority and responsibility in various areas such as flight safety, airspace regulation, airport operations, and passenger safety have been assigned to administrative organizations. In this article, the structure of the International Civil Aviation Organization ("ICAO") within the framework of the international civil aviation system will be examined; subsequently, the Turkish civil aviation administrative organization will be analyzed, and these two structures will be compared and evaluated.
B. Administrative Organization of the International Civil Aviation Organization ("ICAO")
As it has stated, international civil aviation is a sector that requires strong global coordination due to its cross-border operations and high security needs. ICAO, the most competent organization in this field, has been operating as a specialized agency affiliated with the United Nations since 1947 and has played an important role in shaping permanent and effective developments in civil aviation at the global level. The organization's primary mission is to develop international aviation rules and policies, particularly in the areas of flight safety and security, to ensure the orderly development of civil aviation and the consistent application of these rules worldwide. The main bodies of ICAO can be listed as follows:
- Assembly: All member states participate. It meets every three years.
- Council: A permanent body consisting of 36 members. It implements ICAO policies and programs.
- Secretariat: Provides technical and administrative support.
- Commissions and Committees: Conducts work in areas such as safety, air navigation, environment, and law.
As one of the founding members of ICAO, Türkiye has been actively cooperating with the International Civil Aviation Organization for many years. Currently, Türkiye has observer status in the ICAO Council. Within this scope, Türkiye has the right to observe meetings and speak, when necessary, but cannot participate in voting. Although Türkiye currently holds observer status, this representation is an indication that both Türkiye's geopolitical position and its civil aviation capacity are recognized internationally.
C. Administrative Organization of the Directorate General of Civil Aviation ("DGCA")
When examining Turkish law, there is no direct regulation stating that air transport activities in Türkiye are clearly defined as a public service. However, the Directorate General of Civil Aviation ("DGCA"), which acts as the public authority in the field of civil aviation, is positioned as a special budgetary administration with the authority to regulate, supervise, and impose sanctions on the sector in accordance with Presidential Decree No. 4.
In accordance with the legislation, it is seen that DGCA, which is affiliated to the Ministry of Transport and Infrastructure, has public legal personality, has been established with a special budget, and has administrative and financial autonomy, has been established for the purpose of effectively regulating the civil aviation sector due to its unique characteristics. The duties, authorities, and responsibilities of the DGCA are defined in Presidential Decree No. 4, published in the Official Gazette dated July 15, 2018, and numbered 30479.
The main duties of DGCA are to regulate and supervise civil aviation activities in Turkish airspace, grant licenses to air transport operators, conduct inspections and revoke licenses when necessary, establish flight safety and aviation security standards and ensure their implementation, making technical regulations for the operation of airports, licensing civil aviation personnel and supervising training institutions, maintaining relations with international civil aviation organizations (ICAO, EASA, ECAC, etc.) and ensuring the implementation of international aviation agreements to which the country is a party, registering aircraft and supervising civil aircraft, and developing regulations to protect passenger rights. These responsibilities encompass not only air transport but also all areas of civil aviation activities, including airport operations, aircraft maintenance and repair, and pilot training. In this regard, the DGCA is an institution that performs both regulatory and supervisory functions.
When examining the administrative structure of the Directorate General of Civil Aviation, it is observed that the organization operates through a centralized framework headed by the Director General and Deputy Directors General. Within this structure, various Directorates, Affiliated Directorates, Provincial Organizations, Representative Offices, and Advisory and Supervisory Units are organized according to specific areas of expertise. Each department is responsible for carrying out regulatory, supervisory, and coordination functions within its respective domain. Furthermore, new units may be established in response to sectoral needs. This organizational framework enables DGCA to manage the technically complex and specialized processes of civil aviation in an efficient and timely manner.
D. Comparison of the Administrative Structures of the International Civil Aviation Organization ("ICAO") and the Directorate General of Civil Aviation ("DGCA")
At the international level, ICAO treats civil aviation as a public service and develops global standards accordingly. The preamble and annexes of the 1944 Chicago Convention on International Civil Aviation emphasize that air transport activities should be conducted by all states in the public interest and that access to air transport should be provided in a fair, safe, and orderly manner. In this regard, ICAO embraces the understanding that the duties of national authorities (e.g., DGCA) should not be limited to technical and administrative enforcement activities, but should also include planning and oversight responsibilities that take public interest into account.
Although regulations and practices in Türkiye largely align with the fundamental principles set forth by ICAO, there is still a lack of conceptual clarity and direct legislative reference regarding the public service dimension of air transport activities.
In summary, ICAO and DGCA are structures that operate at different levels but complement each other functionally. The international standards established by ICAO are implemented and monitored at the national level by DGCA. The administrative structures of both organizations have been shaped in accordance with their respective mandates and have developed based on division of labor and specialization. In this context, DGCA's coordination with ICAO is of critical importance for Türkiye's civil aviation safety, efficiency, and international compliance.
E. CONCLUSION
The administrative structures of the International Civil Aviation Organization and the Directorate General of Civil Aviation play complementary roles in ensuring the safe, coordinated, and efficient conduct of civil aviation activities at the global and national levels.
ICAO acts as a central authority in setting international standards and ensuring intergovernmental cooperation, while DGCA operates as a national authority that implements, supervises, and develops these standards within Türkiye's borders. The prominence of technical expertise, legal infrastructure, and administrative coordination in the operations of both organizations forms the basis of a management model suited to the complex dynamics of civil aviation.
The cooperation and coordination between ICAO and DGCA not only contribute to its reputation and effectiveness in the aviation arena, but also plays a vital role in raising aviation safety standards and improving service quality within the country. Therefore, in addition to ensuring full compliance with international standards, maintaining an effective administrative structure that meets national requirements in a sustainable manner is essential for healthy and reliable civil aviation management.
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