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Manual On Good Administration Principles

Resolution dated 28 September 1977 and numbered (7731) on “the
Protection of the individual in relation to the Acts of Administrative
Orders” includes the principle of statement of reasons as such: Where
an administrative act is of such nature as adversely to affect his rights,
liberties or interests, the person concerned is informed of the reasons on
which it is based. This is done either by stating the reasons in the act, or
by communicating them, at his request, to the person concerned in writing
within a reasonable time.

Article 18 titled “Duty to State the Grounds of Decisions” of the European
Code of Good Administrative Behaviour lays down that every decision
of the institution which may adversely affect the rights or interests of a
private person shall state the grounds on which it is based and the official
shall avoid making decisions which are based on brief or vague grounds, or
which do not contain an individual reasoning.

Legal Basis

Case 1: In the Decision of 10th Chamber of the Council of State dated
10/11/1994 and numbered 1993/1403 E., 1994/5633 K., it was stated that
an action was brought before the court with the request of annulment of
the defendant’s administrative act regarding the rejection of the request
for the issuance of a yellow press card and the cancellation of certain
articles of the Press Cards Regulation.
As a result of the evaluation of the case, it was found that the principle
of the duty to state the grounds of the administrative acts urges the
administration in question to state the legal and concrete grounds on
which its acts are based, comprehend the law it enforces, put forward
accurate and meaningful findings and make an audit, and helps the
persons concerned to evaluate the compliance of the ground stated with
the law, whether to object or not and whether to file an appeal or not;
accordingly, it was concluded that the case on the rejection of the request
for the issuance of a yellow press card was contrary to the principle of
“duty to state the grounds of the administrative acts” and administrative
act regarding the rejection was decided to be annulled.
Case 2: In the Decision on the application numbered 2018/10981 made by
the Ombudsman Institution on 21/02/2019, the applicant requested the
renewal of an interview and change of title.

As a result of the examination, the Ombudsman Institution decided to
submit a recommendation to the administration that the responses of the

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