Page 98 - iyi-yonetim-ilkleri

Manual On Good Administration Principles

the income taxes paid by the applicant as an extra calculating from the
application date (23/02/2018) in a way to cover five years retroactively and
improvements in the secondary legislation in the light of the experience in
the field of “protection of vested rights” of the disabled individuals were
recommended.
Case 3: In the Decision dated 14/03/2006 and numbered 2003/3647 E.,
2006/1140 K. of the 5th Chamber of the Council of State, it was stated
that the action was brought before to court due to the rejection of the
application dated 02/09/2002 by leaving the request of the plaintiff for his
appointment to Ankara unanswered.
In this regard, it was concluded that the fair expectation meant the hope
of the individuals that the cases would be finalised in favour of them or
to their benefits based on the fact whether they relied on a commitment
or a long-term practice, that unless there was a dominant public benefit,
the fair expectations of the individuals from the public administration must
not be damaged; therefore, considering the duty of the state to ensure
the unity of family the plaintiff’s request for change of location must be
evaluated within the scope of the principle of compliance with the fair
expectation.

Case 4: In the Decision dated 19/03/2019 of the Ombudsman Institution on
the application no. 2018/15387, it was stated that the applicant, who was a
senior student in the university in the department of Sociology registered
in open education, learned that as of 01/03/2018, Faculty of Open and
Distant Education in Istanbul University would not issue a diploma with wet
signature, and that the applicant requested a diploma with wet signature
when graduated from Istanbul University.
As a result of the examination conducted by the Ombudsman Institution,
the administration expressed that while exercising its power to regulate,
the university transited to a system where diplomas with e-signature was
issued on the grounds that the process of issuance of diplomas with wet
signature took too much time as the university offered massive education
including open and distant education apart from formal education, that
many difficulties arose during conveyance of the diplomas to the students
and the number of the students registered in the university were constantly
increasing; however, it was found out that the administration neglected
that the students enrolled in the faculty programmes with the expectation
to obtain a diploma with wet signature; therefore, the students currently
enrolled in the faculty programmes had fair expectations in terms of the
rights in good and due forms and that the administration was identified
not to have complied with the principle of protection of fair expectations.

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