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Manual On Good Administration Principles

Legal Basis

Article 5 of the Constitution defines the fundamental aims and duties of
the State as “to safeguard the independence and integrity of the Turkish
Nation, the indivisibility of the country, the Republic and democracy, to
ensure the welfare, peace, and happiness of the individual and society;
to strive for the removal of political, economic, and social obstacles which
restrict the fundamental rights and freedoms of the individual in a manner
incompatible with the principles of justice and of the social state governed
by rule of law; and to provide the conditions required for the development
of the individual’s material and spiritual existence.” The institutions, which
were established by the law maker in order to achieve these aims and
perform these duties, have been given the task of producing various public
services. In this respect, the reason for the administration’s existence is
to produce public services and its ultimate purpose is to provide public
benefit. Therefore, the power that is granted to the administration by the
law maker shall be used in accordance with the requirements of public
benefit and public service.

Another provision of a legislation related to the principle of absence of
abuse of power is Article 14 titled “Absence of abuse of power and duties
to ensure interest” of the By-Law on Code of Ethics for Public Servants and
Application Procedures and Principles. According to this, “Public officials
shall not use their duty, title and power to benefit and mediate in favour
of themselves, their relatives or third persons, they shall not favour their
relatives, friends or acquaintances, fellow citizens, based on a political
reason or any other reason.(...) Public officials shall not use the official or
classified information they obtain during their duty or as a result of their
duty in order to directly or indirectly provide economic, political or social
benefit for themselves, their relatives or third persons, during or after their
duty, they shall not disclose information to any institution, organisation or
person apart from the competent authorities.”

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