Page 131 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

Legal Basis

The principle of indication of appeal possibilities, which secures the right to
legal remedy under the fundamental rights and freedoms, is based on the
second paragraph of Article 40 titled “Protection of Fundamental Rights
and Freedoms” of the Constitution. Accordingly, “The State is obliged to
indicate in its proceedings, the legal remedies and authorities the persons
concerned should apply and time limits of the applications.”
Article 12 titled “Accepting and Concluding an Application” under the
Regulation on the Principles and Procedures to be complied with for the
Provision Public Services sets forth that in the event that an application is
concluded adversely, the persons concerned shall be notified thereof with
its grounds, and if any, the authority to appeal to and time limits shall be
indicated.

This principle is stated under the title of “Indication of Remedies” in the
Recommendation on “the Protection of the Individual in Relation to Acts
of Administrative Authorities” adopted by the Committee of Ministers of
Council of Europe, as well, which lays down that where an administrative
act which is given in written form adversely affects the rights, liberties
or interests of the person concerned, it indicates the normal remedies
against it, as well as the time-limits for their utilisation.
Article 19 titled “Indication of Appeal Possibilities” of the European Code of
Good Administrative Behaviour sets forth that a decision of an institution
which may adversely affect the rights and interests of a private person shall
contain an indication of the appeal possibilities available for challenging
the decision and it shall in particular indicate the nature of the remedies,
the bodies before which they can be exercised, and the time-limits for
exercising them.

130