Page 103 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

Legal Basis

The second paragraph of the Article 129 of the Constitution may
be provided as the legal basis for the right to be heard and to make
statements, which are of importance in terms of ensuring the participation
of the individuals in the proceedings before any administrative decision
taken. As per the article in question, public servants, other public officials
and members of public professional organisations or their higher bodies
shall not be subjected to disciplinary penalties without being granted
the right to make statements, which secure the right to make statements
constitutionally.
Another provision as important as that in the above-mentioned article is
regulated in Article 130 of the Law on Public Servants No. 657 as follows:
“No disciplinary penalties shall be imposed on the public servants without
hearing their statements. Public servants who have not made their
statements within the time frame allowed by investigating officials or
disciplinary board for a period not less than 7 days or on a specified date
shall be deemed to waive their right to make statements.”
The third paragraph of Article 19 titled “Notification, Transparency and
Participation” of the By-Law on the Principles of Ethical Behaviour of the
Public Officials and Application Procedures and Essentials includes an
important provision on the right to be heard. Though not explicitly pointed
in the provision, “Public officials should pay attention to provide that those
who will be directly or indirectly affected from the decision unless there
is a contrary legal provision contribute to one or some of the stages of
the preparation of fundamental decisions on public services, maturation,
decision taking and application of these decisions.”; the right to make
statements, which is included in international texts and principles of good
administration, is referred to.

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