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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

As a result of the evaluation of the case, it was stated that administrative proceedings
could be withdrawn in the event that they were against the Law; the withdrawal
proceedings must be carried out in a reasonable time frame and ex aequo et bono if
possible; and concluded that there was no compliance with laws in the withdrawal of
the proceeding on the lateral transfer of the plaintiff without any justification provided
by the administration after the student succeeded in all the courses required by the
programme in question in the first year.

DUTY TO STATE THE GROUNDS OF DECISIONS

The principle of duty to state the grounds of decisions refers to the indication of the
reasoning of the administrative proceedings in the relative texts. In other words, this
principle means that the administration should state that its activities are not arbitrary
and have legal and tangible basis.
This principle requires the following:

• Ensuring that the person concerned clearly understands why such a decision has
been taken,

• Explaining the reasons of the administrative actions concerning the rights and
freedoms of the individuals in an understandable manner.

• Not including the reasons which do not exist indeed in the grounds statement.
• Explaining that the action in not arbitrary by indicating especially legal basis and
concrete reasons therefor in the decision text.
Case Study

In the Decision of 10th Chamber of the Council of State dated 10/11/1994 and
numbered 1993/1403 E., 1994/5633 K., it was stated that an action was brought before
the court with the request of annulment of the defendant’s administrative act regarding
the rejection of the request for the issuance of a yellow press card and the cancellation of
certain articles of the Press Cards Regulation.
As a result of the evaluation of the case, it was found that the principle of the duty
to state the grounds of the administrative acts urges the administration in question
to state the legal and concrete grounds on which its acts are based, comprehend the
law it enforces, put forward accurate and meaningful findings and make an audit, and
helps the persons concerned to evaluate the compliance of the ground stated with the
law, whether to object or not and whether to file an appeal or not; accordingly, it was
concluded that the case on the rejection of the request for the issuance of a yellow press
card was contrary to the principle of “duty to state the grounds of the administrative
acts” and administrative act regarding the rejection was decided to be annulled.

58 2019 ANNUAL REPORT