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Manual On Good Administration Principles

Legal Basis

Article 1 of the Law no. 4982 on the Right to Information sets forth that
the object of the Law is to regulate the procedure and the basis of the
right to information according to the principles of equality, impartiality
and openness that are the necessities of a democratic and transparent
government, and emphasises that right to information is essential for a
transparent administration.

Article 19 titled “Notification, Transparency and Participation” of the By-
Law on Principles of Ethical Behavior of the Public Officials and Application
Procedures and Essentials lays down that the public officials shall help
the community to exercise their right to receive information, and top
executives should present their institutions’ processes of tender, activity
and audit report to the public opinion through acceptable means under
the allowance of related laws, which emphasises participatory processes.
Article 10 titled “Principle of Transparency” of the Recommendation No.
CM/REC 2007/7 of the Committee of Ministers of the Council of Europe to
member states on good administration stipulates the following:
1. Public authorities shall act in accordance with the principle of
transparency.
2. They shall ensure that private persons are informed, by appropriate
means, of their actions and decisions which may include the publication
of official documents
3. They shall respect the rights of access to official documents according
to the rules relating to personal data protection.

4. The principle of transparency does not prejudice secrets protected by law.
The principle of transparency appears as “fiscal transparency” in financial
transactions. As per the Article 7 titled “Fiscal Transparency” of the
Public Financial Management and Control Law No. 5018, in order to
ensure supervision in the acquisition and utilisation of all types of public
resources, the public shall be informed timely. Accordingly, the following
are compulsory:

- To clearly define the duties, authorities and responsibilities,
- To prepare government policies, development plans, annual programs,
strategic plans and budgets; to negotiate them with the authorised
bodies; to implement them and to make the implementation results and
the relevant reports available and accessible to the public

- To publicize the incentives and subsidies provided by the public
administrations within the scope of general government, in periods not
exceeding one year

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