Page 77 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

Legal Basis

The principle of courtesy which draws a frame for the behaviours and
attitudes that the administration should assume during their proceedings
is subject to various legal texts.
Article 5 titled “Duties of the Institution” of the Law No. 6328 lays down that
upon complaint on the functioning of the administration, the Institution
may examine the acts and actions as well as attitudes and behaviours of
the administration.
Article 125 titled “Actions And Cases To Which Various Disciplinary
Procedures And Penalties Apply” of the Law No. 657 on Civil Servants as
well as Article 8 titled “Characteristic of acts requiring disciplinary penalty”
of the Law No. 7068 on the Adoption of the Decree-Law on General
Disciplinary Provisions of Law Enforcement set forth that any contradictory
acts of public officials to courtesy is subject to sanctions.
Article 11 titled “Courtesy and Respect” of the By-Law on Code of Ethics for
Public Servants and Application Procedures and Principles stipulates that
public officials shall act respectfully towards and pay dues consideration
to seniors, juniors, colleagues and other staff and those benefitting from
services, and if the matter concerned are not in their jurisdiction, public
officials shall direct the citizen to the appropriate officials.
Article 12 titled “Courtesy” of the European Code of Good Administrative
Behaviour stated that the official shall be service-minded, correct,
courteous, and accessible in relations with the public; when answering
correspondence, telephone calls, and e-mails, the official shall try to be as
helpful as possible and shall reply as completely and accurately as possible
to questions which are asked; if the official is not responsible for the matter
concerned, he or she shall direct the citizen to the appropriate official; If an
error occurs which negatively affects the rights or interests of a member of
the public, the official shall apologise for it and endeavour to correct the
negative effects resulting from his or her error in the most expedient way
and inform the member of the public of any rights of appeal in accordance
with Article 19 of the Code.
The principle of courtesy is regulated under the title of “Respect for Others”
in the “Public Service Principles for the EU Civil Service”. As required by
this principle, civil servants should act respectfully to each other and
to citizens; they should be polite, helpful, timely, and co-operative; and
make genuine efforts to understand what others are saying and express
themselves clearly using plain language.

76