Page 133 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

Recommendations to the Administration
Regarding the Principle

The administration should consider below points regarding the principle of
indication of appeal possibilities:

➢ As the indication of appeal possibilities is a principle guaranteed by the
Constitution, the administration must definitely act in compliance with
this principle.
➢ While indicating appeal possibilities, the administration should avoid
unclear expressions, inaccurate information and complexity which
may complicate the process of exercising the right to legal remedies.
➢ The text involving appeal possibilities must contain the full information
on the authorities that the persons concerned should apply and time
limits of the application and whether the application is obligatory or
voluntary.
➢ When the administration indicates a legal remedy, which can be
sought voluntarily, it should note that the remedy indicated is optional
and whether the subject remedy suspends the terms of litigation.
➢ If the voluntary application does not suspend the terms of litigation,
the administration must include in its decision that the terms of
litigation is still ongoing; and if the voluntary application suspends the
terms of litigation, then it should notify that the terms of litigation is
suspended until the conclusion of the application, after which it will
resume on.

➢ If there are mandatory administrative remedies among appeal
possibilities, then relevant text must “absolutely” contain the
mandatory remedy and the time limit; in addition, it should be
notified that the mandatory administrative remedy in question must
be exhausted as a precondition before any further judicial remedy
and it must be “clearly” expressed that if the time limit for mandatory
administrative remedy is exceeded, the possibility to judicial legal
remedy may not exist any further.
➢ The administration proceeding the relative act should know the best
which administrative remedy or authority should be appealed to,
mistakes that may lead to wrong administrative or judicial authority
should be avoided, due diligence must be exercised not to provide
wrong or incomplete information while indicating appeal possibilities.

➢ With a view to protecting the individuals in the face of the complexed
legislation, time limits must “especially” be noted in the relevant
text for the subjects in relation to the terms of litigation regulated by
special laws.

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