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Manual On Good Administration Principles

Recommendations to the Administration
Regarding the Principle

The administration must take into account the following points in order to
be able to operate in accordance with the principle of lawfulness:
➢ The administration must first be authorised by law or by presidential
decree in order to be able to act or launch an action.
➢ The administration must not make unlawful decisions, must not
exceed the limits set forth in the law or must not exercise an
authority that is not included in the law.
➢ The principle of lawfulness should not only be perceived as
compliance with the Constitution, laws or international conventions,
it should be remembered that the law also covers generally
recognised principles and compliance with the requirements of
fairness and the administration must take all these rules into
account while launching an action.
➢ The administration must take into account the fundamental
aims and duties of the State, which are stated in Article 5 of the
Constitution,and pay regard to protecting the fundamental rights
and freedoms while enforcing the laws.
➢ The principle of lawfulness has great importance in respect of
proceedings restricting fundamental rights and freedoms. In the
case of a conflict between international agreements concerning
fundamental rights and freedoms and the laws, the provisions
of international agreements shall prevail as per Article 90 of the
Constitution.
➢ If it isidentified that the regulatory actions carried out within the
authority of the administration are unlawful, the breach should be
removed immediately without the need for any judicial decision.
➢ The administration must not refrain from performing a task that it
is obliged to perform within the framework of the authority granted
by law or presidential decree.
➢ As a requirement of the principle of lawfulness, the administration
must exercise its powers in the manner permitted by law and within
the framework of the purpose for which the permission is granted
and if the administration is given discretionary power, it must use
it in accordance with the law and fairness within the framework of
objective principles.
➢ When taking actions, the administration must take into account the
purpose of the legislation, it must not take actions against persons
based on grammatical interpretation only, it must pay attention
to taking the most appropriate actions in favour of individuals by
pursuing the principle of fairness regarding the injustices that may
arise in concrete cases.

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