Page 138 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

the notification services was quite clear in the protection of the rights and
freedoms of the individual and an effective and swift conduct of the judicial
and administrative acts, that the notification services were expected to
be provided more promptly and rapidly considering the presence of the
developed technological opportunities, and accordingly, it was identified in
the case therein that the applicant was not notified of the letter in question
in a prompt and effective manner as a result of which the administration
was informed that it was expected to take necessary measures considering
the importance of the issue.

Recommendations to the Administration
Regarding the Principle

In order to act in compliance with the principle of notification of the
decision without delay, it is essential that the administration notify the
person concerned without delay and in due form. In this regard, following
points must be considered to ensure the conduct of the activities in
conformity with the obligation to notify without delay:
➢ Public officials should always remember that the principle of
notification of the decision without delay aims at protecting the
individual and secure the right to legal remedies in relation to the acts
of the administration. The notification letter must be clear enough to
fully reflect the administrative will.
➢ The expressions included in the notification letter must be clear as to
be understood by the person concerned.
➢ The notification letter must be structured in a way to inform the
persons concerned of all the elements of the decision.

➢ Legal remedies and time limits must be included in the content of the
notification.
➢ Due diligence must be exercised to act in compliance with the
requirements as to form specified in the legal arrangements to ensure
that persons concerned are not prevented from exercising their rights.

➢ The notification must be made to the person concerned as a rule,
excluding the exceptional circumstances, in order for the notification
to produce results and to be legally valid, and in the special cases
where person concerned cannot be addressed through notification,
the procedural rules laid down the Notification Law and Implementing
Regulation must prevail.

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