Page 64 - iyi-yonetim-ilkleri
P. 64
Manual On Good Administration Principles
“Those who are obliged to administer the justice
should not be subject to their own love and hatred.
Impartiality is the basis of justice.”
Kalila and Dimna
Beydeba (Indian scholar)
he principle of impartiality refers to the objective provision of the services by
Tthe administration or public officials regardless of identity, beliefs, thoughts
and similar characteristics of persons or groups.
The requirements of this principle are as follows:
The administration should prohibit discrimination and ensure non-
privileged and equal treatment,
Public officials should act independently of personal, family and similar
interests.
The official should not take part in a decision and process in which he
or she, or any close member of his or her family has an interest.
Legal Basis
The principle of impartiality appears to be a fundamental principle
regulated both in our national law and in the European Code of Good
Administrative Behaviour.
As per Article 7 of the Civil Servants’ Law no.657 public servants shall not
become affiliated to political parties, or conduct themselves in any manner
aimed at providing advantage or disadvantage for any political party,
person or group; they shall not discriminate on the basis of language, race,
sex, political ideology, philosophical belief, religion or religious doctrine;
they shall not under any circumstances make any declarations and pursue
a course of action with political and ideological aims or participate in such
actions.
Article 1 of the Law on the Right to Information No. 4982 highlights that the
principle of impartiality is the necessity of a democratic and transparent
government.
Another aspect of the principle of impartiality is that the administrative
officials should act independently of personal, family and similar interests.
63