Page 119 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

Recommendations to the Administration
Regarding the Principle

In order to fully fulfil the requirements of the principle of reasonable
time-limit for taking decisions, the whole decision-making process must
proceed in compliance with the understanding of the principles of good
administration. This is because decision-making constitutes the final stage
of the entire process and during the process until the decision-making
stage, the administration should pay attention to the following basic issues:
➢ Upon receipt of the applications including the requests and complaints,
“a proof of receipt” must be issued without delay showing the date,
registration number and subject of the application.

➢ Even in the cases where the applications are submitted electronically,
the information contained in the proof of receipt should be
communicated to the applicant.
➢ Necessary infrastructure must be created in order to ensure that the
applicants can inquire about the stage of their application and find a
contact person therefor at all cases.
➢ Even if the conclusion of a request falls within the scope of the
remit of another administrative authority, the applications must be
immediately examined and followed up, and the conclusion of the
request at the first place of application should be the priority.
➢ Applications including requests and complaints relevant to
reinstatement and to actio negatoria must be concluded as “promptly”
as possible by taking concrete case into consideration and uncertain
process for the individuals should be prevented.
➢ The applications must be concluded within the time limit identified, if
any, in the legal arrangements, the public officials must pay attention to
conclude majority of the proceedings within this time limit specified.
They should not wait arbitrarily or deliberately until the end of the
legal time limit determined.
➢ The time limit predetermined in the legislation for decision-making
must be exceeded only due to force majeure. The administration
must take necessary measures to preclude the arbitrary extension of
decision-making process.

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