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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE
rights-based justice and legality and conformity with principles of fairness, through
creating an independent and effective mechanism of complaint concerning the public
services.
It has been targeted, with the establishment of the Ombudsman Institution, to resolve
the disputes arising between the administration and individuals in an effective and
timely manner through an independent mechanism.
Excluding the exceptions prescribed by the Law, all kinds of acts and actions as well as
attitudes and behaviours of the administration fall within the remit of the Institution.
Article 125 of the Constitution lays down that recourse to judicial review shall be
available against all actions and acts of administration and that judicial power is
limited to the review of the legality of administrative actions and acts. In other words,
administrative judicial review is limited to legality review. However, the Ombudsman
Institution has the authority to examine the acts and actions as well as attitudes and
behaviours of the administration in conformity with principles of fairness.
Article 6 of the By-Law on the Procedures and Principles regarding the Implementation
of the Law on Ombudsman Institution provides that while conducting examinations and
investigations, the Institution shall comply with the principles of good administration
and monitor whether the acts and actions of the administration are fulfilled with an
understanding of human rights based justice and in conformity with the principles of
good administration such as lawfulness, absence of discrimination, proportionality,
absence of abuse of power, equality, impartiality, honesty, courtesy, transparency,
accountability, compliance with the fair expectation, protection of vested rights, right
to be heard and to make statements, right to information, reasonable time limit for
taking decisions, duty to state grounds of decisions, indication of appeal possibilities,
notification of the decision without delay and data protection.
2019 ANNUAL REPORT 43