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Manual On Good Administration Principles

Excluding the exceptions prescribed by the Law, all kinds of acts and actions as
well as attitudes and behaviours of the administration fall within the remit of
the Institution.
Article 125 of the Constitution lays down that recourse to judicial review shall be
available against all actions and acts of administration and that judicial power is
limited to the review of the legality of administrative actions and acts. In other
words, administrative judicial review is limited to legality review. However,
the Ombudsman Institution has the authority to examine the acts and actions
as well as attitudes and behaviours of the administration in conformity with
principles of fairness.
Article 6 of the By-Law on the Procedures and Principles regarding the
Implementation of the Law on Ombudsman Institution provides that while
conducting examinations and investigations, the Institution shall comply with
the principles of good administration and monitor whether the acts and actions
of the administration are fulfilled with an understanding of human rights based
justice and in conformity with the principles of good administration such as
lawfulness, absence of discrimination, proportionality, absence of abuse of
power, equality, impartiality, honesty, courtesy, transparency, accountability,
compliance with the fair expectation, protection of vested rights, right to be
heard and to make statements, right to information, reasonable time limit
for taking decisions, duty to state grounds of decisions, indication of appeal
possibilities, notification of the decision without delay and data protection.
The Ombudsman Institution aims to contribute to the following within the
framework of its purpose of establishment and authority granted by the
legislation in force, particularly the Constitution:
Increasing the service quality of the administration;
Internalising principles of good administration;
Improving human rights standards;
Ensuring rule of law and democracy to take root;
Strengthening the culture of seeking legal remedies;
Creating a transparent, human-oriented administration.
Considering restructuring works of public institutions, especially following the
2000s, with the legal arrangements, some of which have been exemplified
above, important developments have taken place in Turkey in terms of ensuring
good administration. The aim of these developments is to contribute to quality
service provision to the citizens and formation of a transparent and accountable
administration.
The Ombudsman Institution has been authorized and obliged to examine the acts
and actions as well as attitudes and behaviours of the administration in order to
identify to what extent these aims are achieved. As a result of these examinations,
the Institution guides the administration, also by emphasising the principles of good
administration, to establish good administration.

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