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
   237   238   239   240   241   242   243   244   245   246   247