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Manual On Good Administration Principles

This requires that the officials not take part in any decisions or processes in
which he or she, or any close member of his or her family has an interest.
Our legislation has many regulations that lay down this principle.
Article 2 of the Law No. 2531 on Works Banned From Being Performed
by Civil Servants Who Quit Public Duty stipulates that former government
officials who quit their duties in public institutions and organisations listed
in the Article 1 of the said Law on any grounds whatsoever are prohibited
(for a period of three 3 (three) years from the date of their retirement or
resignation) from acting as broker, representative or consultant, directly or
indirectly, towards government agency(ies) that they have served in the last
2 (two) years before their date of retirement or resignation, with regards
to the activities falling within the scope of their past duty. In addition, it is
stated in the subject Law that prohibitive provisions in private laws are also
reserved.
Pursuant to Article 11 of Public Procurement Law No. 4734 the spouses,
relatives up to third degree and marital relatives up to second degree,
and foster children and adopters of those who are assigned to prepare,
execute, complete and approve all procurement proceedings relating to
the subject matter of the procurement held by the contracting authority,
and of the contracting officers of the contracting authority carrying out the
procurement proceedings, and the persons assigned in boards having the
same authority cannot participate in any procurement, directly or indirectly
or as a sub-contractor, either on their own account or on behalf of others.
In Article 17 of the said Law, prohibited acts and conducts are addressed.
Another example is the provisions laid down in Articles 5 and 6 of the Tax
Procedure Law. In the said articles, it is stipulated that the public servants
who are in charge of tax transactions and inspections; officials in tax courts,
regional administrative courts and the Council of State; those working in
commissions established in compliance with tax legislation, and experts of
tax affairs cannot engage in any tax inspection and assessment for either
themselves or their fiancées, spouses –even if divorced–, blood relatives
up to third degree and relatives by marriage up to third degree –even if
the marriage is no longer valid–, foster children, foster parents and legal
representatives.
Furthermore, Article 8 of the European Code of Good Administrative
Behaviour emphasises that the official shall be impartial and independent
and abstain from any arbitrary action adversely affecting members of
the public, as well as from any preferential treatment on any grounds
whatsoever; the conduct of the official shall never be guided by personal,
family or national interest or by political pressure and shall not take part in
a decision in which he or she, or any close member of his or her family, has
a financial interest.

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