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Manual On Good Administration Principles

Recommendations to the Administration
Regarding the Principle

In order for the administration to act in accordance with the principle of
absence of abuse of power, it must consider the following points:
➢ The powers granted to the administration shall be exercised solely
for the purposes for which they have been conferred, and public
officials should not go beyond these purposes.
➢ Administrative authorities should not exercise power with a view
to deriving personal, political or economic benefits other than
public interest.
➢ Considering that the non-exercise of power may result in a service
defect when the conditions laid out in the legal regulations are
met, the administration should not refrain from exercising the
power granted.
➢ The exercise of power by the administration should not impose an
excessive burden on individuals.
➢ The administration should not take on additional powers nor
extend its authority by any interpretation method or with
reference to another power.
➢ In cases where the jurisdiction of the administration needs to be
interpreted and where the regulations give power to interfere
with fundamental rights and freedoms, the administration should
interpret the rules in a narrow way, not in an expanding way.
➢ While exercising its power, the administration should not pursue
any purpose other than the purpose of granting the subject
power, should determine objective criteria according to the
nature of the concrete events, prevent discrimination by acting
impartially and fairly and respect the principle of equality before
the law. In addition, the administration should exercise its
power in accordance with the requirements of the public service
and the purpose of public interest by ensuring an appropriate
balance between the act and the rights, freedoms or interests of
individuals.

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