Page 94 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

“Respect the right of the people.
Do not hesitate to advise your successors in
this way.”

Testament of Osman Ghazi addressed to his
son Orhan Ghazi

rotection of vested rights refers to the obligation to protect the rights, which
Phave been vested lawfully in accordance with the legislation in effect, even
if the rule is amended or abolished later. Therefore, based on the situations in
compliance with the law, vested rights yield both retroactive and prospective
rights for those concerned.
As for the compliance with the fair expectation, there is no right in question
which has been vested in accordance with the legislation in effect. However,
those concerned have a prediction or an expectation that they will be granted
with the rights based on the provisions in effect. Accordingly, compliance
with the fair expectation refers to the protection of those who hope to reach
a conclusion in favour of themselves relying on the regulatory procedures,
commitments, or long-established practices of the administration.
The principles of protection of vested rights and compliance with the fair
expectation stipulate the following:

Protection of rights originating in conformity with the legislation in
effect both prospectively and retroactively;

Not taking retroactive measures except in legally justified circumstances
and not interfering with vested rights through subsequent amendments.

Protection of fair expectations of the individuals in order to ensure legal
certainty in the event that long-lasting practices and arrangements are
amended or abolished

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