Page 132 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

Case Studies

Case 1: In the Decision of the 4th Chamber of the Council of State dated
13/11/2006 and numbered 2005/2134 E., 2006/2156 K., it was stated that
the order of payment communicated to the plaintiff did not indicate the
term of litigation, which was specified as 7 days by law, and that the plaintiff
made a counterclaim against the order of claim around 28 days later.

As a result of the examination of the case, it was stated that indication
of the legal remedies and authorities the persons concerned should
apply and time limits of the application was a constitutional obligation,
that considering the terms of litigation and other special regulations with
respect to it, in terms of protection of the right to legal remedies of the
individuals with respect to very complexed legislation, failure to abide
by this obligation was contrary to Article 40 of the Constitution, which
regulated the protection of the rights and freedoms of the individuals;
therefore, as the order of payment did not contain the information about
the terms of litigation, which was 7 days as per the provision in its special
law, which must in fact be stated in the order of payment, exceeding the
terms of litigation cannot be mentioned.
In addition, the Ombudsman Institution attaches particular importance
to whether the administrations act in compliance with the principle of
“indication of appeal possibilities” and it recommends the administrations
the compliance with this principle in many of its decisions. Indeed, there are
decisions of the Ombudsman Institution, where the Institution recommends
acting in compliance with the subject principle as the administration
is found not to have conformed to the principle of “indication of appeal
possibilities” due to the administrations’ failure to indicate the authorities
that the persons concerned should apply and time limits of the application
(decision dated 29/08/2019 on the application no. 2019/7498, decision
dated 06/09/2019on the application no. 2019/6610 etc.).

131