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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

LAWFULNESS

In the broadest sense, the administration’s compliance with the laws means that the
administration shall establish procedures that are in compliance with the generally
recognised principles of universal law, the rules of Constitution, international law,
Presidential decrees, regulatory procedures and fairness.
This principle requires the establishment, functioning, duties and powers of the
administration and the use of these duties and powers to be in compliance with the law.

The principle of lawfulness involves requirements such as the following:

• All aspects of the administration shall be based on the relevant laws, particularly
the Constitution, and Presidential decrees and other regulatory procedures;

• The administration shall ensure fairness while enforcing a law and using
discretionary power;
• The administration is obliged to perform the tasks that are assigned to it and
enforce laws;
• Public officials are obliged not to follow unlawful orders;

• The regulatory procedures of the administration shall be in compliance with
higher legal norms;

• Fundamental rights and freedoms shall only be limited within the scope of the
law and Constitutional framework without prejudice to essence of rights;
Case Study

During its examinations and investigations, the Ombudsman Institution does not
only refer to the principle of lawfulness as a compliance with the Constitution, laws
or international conventions, but also considers that this principle covers generally
accepted principles of law and compliance with the rules of legality and the Institution
makes its decisions accordingly. The Ombudsman Institution has many decisions in
this regard.

In the Decision of the Ombudsman Institution dated 05/10/2018 on the application
no. 2018/4274, it was stated that the applicant was a computer manager in the Maritime
Faculty in Istanbul Technical University, that the applicant had a daughter with 94%
disability, who was 10 years old, that the applicant wanted to be assigned to Dr. Lütfi
Kırdar Training and Research Hospital which was close to her residential address to be
able to go to the school where her daughter studied to intervene in case of emergency;
however, the Ministry of Health rejected this request on the grounds that appointment

46 2019 ANNUAL REPORT