Page 127 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

included in the statement of the grounds. Obvious reasons as a basis
of the decision must be stated as grounds.
➢ Grounds must not be stated based on intangible claims and opinions;
they should be based on “clear and definite information.”
➢ Even if the grounds do not contain all the reasons for the conduct of
the administrative act, the “essence” of the reasons underlying the act
should be stated.

➢ The law ruling the administrative act must “definitely” be included in
the grounds. However, while preparing the text with grounds, not only
the provisions in the law, which are the basis of the decision, but also
concrete and actual situations leading to the relevant decision must
be explained along with the legal terms. In other words, how, why
and under which circumstances the decision has been made must be
explained.

➢ The ground should be regulated based on the concepts such as solely
public interest, national security, public service, public order, service
requirements, upon necessity etc. The reasons that justify the concepts
and expressions in question should be explained, as well.
➢ The grounds must “especially” be stated in the decisions including
administrative sanctions. In addition, all the reasons and legal and concrete
basis causing the act must be included and it should be demonstrated that
the decision on sanction has not been made arbitrarily.
➢ It is also essential to state the grounds for the withdrawal of a
permission or an authorisation or an act providing favourable results.
➢ If the reason of a decision involves some elements restricting the
transparency of the administration (“confidential” information such
as privacy, trade or industrial secrets, international relations, state
security and national defence), the grounds of the act may not contain
sufficient information. Nevertheless, even if the reasons of a decision
involve aforementioned points, the reason for why grounds cannot be
provided must be explained.
➢ In the cases where the discretionary power has been exercised, its
grounds must “especially” be stated, and in the grounds of the decisions
where the exercise of the discretionary power is in question, not only
should the legal and concrete basis be explained, but also the options
that the administration has had should be specified. Furthermore, the
information on why other options have not been considered and what
conditions has led to this conclusion should be touched upon.

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