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Manual On Good Administration Principles

This provision sets the time frame for taking decisions on the applications
including requests and complaints. However, some special regulations
determine different time frames based on the sui generis aspects of the
applications cases or the complexity of the decision-making process.

The second paragraph of Article 12 titled “Accepting and Concluding
Applications” under the Regulation on the Principles and Procedures
to be complied with for the Provision Public Services sets forth that the
applications shall be concluded within the time frame determined in the
service standards. Thus, while determining a reasonable time limit for the
administrations to take decisions, first of all the time limits set in the special
regulations are to be considered, and if such a limit is not predetermined,
the applications are deemed to be concluded within thirty days.
In addition, the Presidential Circular No.2018/13 dated 11/10/2018 rules
that with a view to the conclusion of all the applications to public institutions
and organisations swiftly and accurately, all necessary measures shall be
taken.
Under the first paragraph Article 17 titled “Reasonable Time-Limit for
Taking Decisions” of the European Code of Good Administrative Behaviour,
it is specified that the official shall ensure that a decision on every request
or complaint to the institution is taken within a reasonable time-limit,
without delay, and in any case no later than two months from the date
of receipt. The second paragraph of the same article lays down that if a
request or a complaint to the institution cannot, because of the complexity
of the matters which it raises, be decided upon within the above-mentioned
time-limit, the official shall inform the author as soon as possible.

Case Studies

Case 1: In the Decision dated 22/12/1993 and numbered 1993/2193 E.,
1993/4343 K. of the 8th Chamber of the Council of State, it was stated that a
lawsuit was filed by the plaintiff, who was a graduate student in the master
programme of the Legal Structure of the European Community, with a view
to annulling the decision dated 13/08/1991 no.84 of the Board of Directors
on the withdrawal of the proceeding dated 09/10/1990 and no.72 on the
lateral transfer of the Plaintiff to the Department of the Private Law as the
Department Head of the Private Law did not accept the transfer.
As a result of the evaluation of the case, it was stated that administrative
proceedings could be withdrawn in the event that they were against the
Law; the withdrawal proceedings must be carried out in a reasonable
time frame and ex aequo et bono if possible; and concluded that there

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