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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.



























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