Page 137 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

Moreover, the Presidential Circular No.2018/13 dated 11/10/2018 rules
that in all the applications to the public institutions and organisations, the
applicant shall be notified the final and accurate information on the acts
proceeded.
Furthermore, Article 20 titled “Notification of the Decision” of the European
Code of Good Administrative Behaviour” sets forth that the official shall
ensure that persons whose rights or interests are affected by a decision are
informed of that decision in writing, as soon as it is taken.

Case Studies

Case 1: In the Decision dated 28/09/2010 and numbered 2010/7934 E.,
2010/6948 K. of the 10th Chamber of the Council of State, it was stated that
the action was brought before the court with the request of the annulment
of the decision rejecting Turkish naturalisation.
As a result of the examination of the case, it was stated that the notification
of the procedures of the administrative acts and ensuring that those
concerned are fully informed directly affects the use of right of litigation
and further judicial remedies; in this sense, legal audit in terms of principles
and procedures in the action therein brought to the court with the request
of annulment of an administrative act was only possible in the event that
the content of the act, its relevance with the plaintiff, information on the
administration proceeding the act was involved in the relative notification
letter, and if the act proceeded cannot be disclosed to the person concerned,
then relative information must be clearly provided in the document issued
for notification purposes, without casting doubt on any proceeding. It was
underlined that for the terms of litigation to start, notifying the person
concerned in writing according to procedural rules in conformity with the
Notification Law was inadequate, the notification must involve the act
proceeded in a “clear” and “understandable” manner; in addition, the
grounds of the act must be included in the relative notification letter as
well with a view to ensuring that the person concerned can scrutinise the
compliance of the administrative act with the law.
Case 2: In the Decision dated 20/11/2017 of the Ombudsman Institution on
the application no. 2017/6625, it was stated that the applicant requested
inspection of the bad treatment of the prison officers to the relatives of the
prisoner and examination of the anomalous notification made to his party.
Following the evaluation made by the Ombudsman Institution in terms of
the principles of good administration, it was stated that the importance of

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