Page 124 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

“Choose a man for judgement who does not
rule based on the first acquired opinion without
understanding the essence of the matter. Such a
man shall dwell on the suspicions, embrace the
evidence, …and be determined to bring into the open
a judgement.”

Hazrat Ali (599-661, the Fourth Caliph of Islam)

he principle of duty to state the grounds of decisions refers to the indication
Tof the reasoning of the administrative proceedings in the relative texts. In
other words, this principle means that the administration should state that its
activities are not arbitrary and have legal and tangible basis.

This principle requires the following:
Ensuring that the person concerned clearly understands why such a
decision has been taken,
Explaining the reasons of the administrative actions concerning the
rights and freedoms of the individuals in an understandable manner.

Not including the reasons which do not exist indeed in the grounds
statement.

Explaining that the action in not arbitrary by indicating especially legal
basis and concrete reasons therefor in the decision text.

Legal Basis

There is no legal provision stipulating a general obligation of stating grounds
for administrative actions. However, the principle of stating grounds of
decision is seen in the laws and regulations on some specific matters. On
the other hand, the principle of stating the grounds is closely associated
with the principle of rule of law and right to legal remedies.
The third paragraph of Article 12 under the Regulation on the Principles
and Procedures to be complied with for the Provision Public Services sets
forth that in the event that individual applications are adversely concluded,
the grounds thereof shall be stated.
The duty to state the grounds in regulatory actions is laid down in Article
10 of the By-Law on the Principles and Procedures for Legislation-Drafting.
Accordingly, “Drafts shall include (…) general justification”.

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