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Manual On Good Administration Principles



               interviews must be recorded from then on and measures that would enable
               stating the grounds of the scores assigned to the interviewees must be
               taken in order to ensure the compliance with the principles of “objectivity”,
               “impartiality”,  “transparency”,  “accountability”  and  “duty  to  state  the
               grounds of decisions”, which are the principles of good administration duly
               required in interviews.
               Case  3:  In  the  Decision  on  the  application  numbered  2019/5744  made
               by the Ombudsman Institution on 23/08/2019, the applicant requested
               rescoring  of  his  performance  evaluation  claiming  that  his  score  was
               assigned in a biased way.

               As a result of the examination and investigation, the Ombudsman Institution
               stated that the matters that affected the formation of the opinions of the
               evaluators  must  be  grounded  on  concrete  information  and  documents
               while evaluating the performance of the personnel, and decided to submit
               a recommendation to the administration that the performance evaluation
               carried out in 2018 must be rescored based on concrete grounds.



                           Recommendations to the Administration
                                   Regarding the Principle



                While fulfilling the duty to state the grounds of decisions, the below points
                should be considered:
                ➢  Grounds  of  the  acts  must  definitely  be  stated  with  a  view  to
                   ensuring effective legal audit since the persons concerned with the
                   administrative acts can only learn the reasons of the acts with the
                   grounds.
                ➢  The administration should not avoid stating the grounds of decisions
                   by  putting  forward  that  there  is  a  special  need  for  investigation  or
                   examination or scrutiny.

                ➢  The grounds  must be “clear and  understandable”  and  involve the
                   opinions  and  views of the competent authority  on  the actual  and
                   legal  situation  with  a  view  to  allowing  the  individuals  for  seeking
                   legal remedies, contradictory statements and heavy language should
                   be avoided,  and  an  understandable  way of  expression  should  be
                   preferred.
                ➢  The reason and ground of the administrative act should be in parallel
                   with each other. The reasons which do not exist indeed must not be




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