Page 242 - kdk-sempozyum-3
P. 242
organization and deemed as a tool, the theoretical framework drawn
by Ombudsman is found more efficient and the recommendations
constitute a new source contributing to the change and development
of administrative law in cooperation with government bodies.
Furthermore, I would like to specify that though the level of compliance
by a public authority with a recommendation is low, that authority
learns how to behave next time and it is therefore reminded of the
legal framework once again. A public authority or organization bears a
massive value and function in the relationship with Ombudsman from
the standpoint of creating administrative law.
I would like to support this impression of mine with examples.
For instance, a transitionary period provision in Recommendation no
2013/68, the theoretical framework is maintained and an approach
envisaging an amendment to the change regulating general regulatory
procedures that do not contain that provision. I believe that the
executive branch or public administration must bring a provision
enabling transition to overall regulations and it is authorized to lift
up those overall regulatory procedures. In addition, such a transition
related provision must also be debated and related theoretical
framework must be expanded, and an agenda item must be created
so that case studies can be discussed.
I also would like to draw your attention to another recommendation.
May I have it in the screen please? I want to be sure that I am showing
the right recommendation.
Recommendation no 2013/43 places emphasis on the problem of
the public administration like whether it is acting meticulously or not.
The applicant files a complaint and fulfills whatever he needed to,
there is no flaw in the application but the related public organization
misevaluated that and deductions were made from this citizen on
the basis of another degree. When this wrongdoing was detected,
the public organization corrected that, the Ombudsman said that
this correction was in compliance with law and such errors must be
corrected indeed. Yet, if the related public organization had been
meticulous and careful enough, this citizen was put in a disadvantaged
situation and Ombudsman concluded that this organization did not
fulfill its obligation to be careful and meticulous in its handling and
rd
240 | 3 INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS