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İyi Yönetim İlkeleri Rehberi



                                           Legal Basis


                   Lawfulness is one of the fundamental necessities of being a State of law.
                   As stated in the Introduction section of the Constitution of the Republic of
                   Turkey No. 2709, only the Constitution and the laws have the supremacy of
                   exercising the powers and duties of the State.

                   Article 2 of the Constitution states that the Republic of Turkey is a social state
                   governed by rule of law, Article 6 sets forth that no person or organ shall
                   exercise any state authority that does not emanate from the Constitution,
                   Article 8 indicates that executive power and function shall be exercised
                   and carried out by the President of the Republic in conformity with the
                   Constitution and laws, Article 123 states that the administration is a whole
                   with its formation and functions, and shall be regulated by law and public
                   corporate bodies shall be established only by law, or by presidential decree.

                   Article  137  of  the  Constitution  ensures  that  if  a  person  employed  in
                   any position or status in public services finds an order given by his/her
                   superior to be contrary to the provisions of by-laws, regulations, laws, or
                   the Constitution, he/she shall not carry it out, and shall inform the person
                   giving the order of this inconsistency.

                   Article  4  of  the  European  Code  of  Good  Administrative  Behaviour
                   emphasises that the official shall act according to law and the official shall
                   in particular take care to ensure that decisions which affect the rights or
                   interests of individuals have a basis in law and that their content complies
                   with the law.









                                          Case Studies


                   During  its  examinations  and  investigations,  the  Ombudsman  Institution
                   does not only refer to the principle of lawfulness as a compliance with the
                   Constitution, laws or international conventions, but also considers that this
                   principle covers generally accepted principles of law and compliance with
                   the rules of legality and the Institution makes its decisions accordingly. The
                   Ombudsman Institution has many decisions in this regard.




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