Page 139 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

➢ Notification of the decision must be made after making sure that the
address of the person concerned is up to date.
➢ The notification letter must contain the signature of the administrative
authority authorised to proceed the administrative act.
➢ Date of signature of the authorised person, i.e., date of conclusion of
the act must be available in the notification letter in order to ensure
duly conduct of the legal audit.
➢ If it is clear that the application is to be concluded adversely in the face
of administration’s will, the rejection must be notified to the person
concerned without a moment’s delay; accordingly, tacit rejection
approach must not be adopted by the administrations.
➢ In order to notify a decision on an electronic environment, the
administration must make sure that the individual consents thereto.

➢ If the will of the individuals who provide their electronic addresses
eligible for notification is to receive the result of their applications
through this way, the notification should be made through electronic
method.
➢ If the individuals do not possess electronic addresses eligible for
notification, it should be noted that the notification sent to their
personal e-mails must not deemed to bear the same consequences as
the notification in writing.
➢ Due diligence must be exercised in terms of respecting the right to
privacy in the notifications made in electronic environment considering
the right to privacy.
➢ If electronic notification is not possible due to force majeure,
the notification legislation must be taken into account and other
procedural rules laid down in the Notification Law no. 7201must apply
and those concerned must not be uninformed of the results of the
acts concerning them in relation to the administration.

➢ Regulatory acts concerning the individuals must be available on official
websites of the administrations in order to ensure legal predictability.
➢ It should be noted that there is no benefit in keeping the completed
act before the administration; on the contrary, informing those
concerned as swiftly as possible must be regarded as a legal interest
and the results of the acts concerning the rights and freedoms of the
individuals must be notified to the persons concerned “immediately”.

➢ If the administration has the personal e-mail addresses of those
concerned, the information on the fact that the application has been
completed and notification in writing has been made to his/party
must be provided via these e-mail addresses; in addition, if possible,
the decision should be attached in the e-mail.

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