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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

INDICATION OF APPEAL POSSIBILITIES

The principle of indication of appeal possibilities refers to the indication which
authorities should be referred to against an act carried out and of the deadline set for
this referral.

It is important to act in accordance with the subject principles of good administration
in order to ensure the exercise of the right to legal remedies by the individuals since
the laws have different regulations regarding the authorities to appeal to and different
deadlines therefor, and due to the difficulty of following the legal modifications and
understanding the laws.
The requirements of this principle are as follows:

• Ensuring that the person concerned understands clearly the justification of the
decision taken,

• Explaining the reasons of actions launched relating to the rights and freedoms as
well as interests of the individuals,
• Not including the unfounded reasons in the justification,

• Explaining to the person concerned that the reason of the action launched is not
arbitrary by indicating the legal basis of the action.
Case Study

In the Decision of the 4th Chamber of the Council of State dated 13/11/2006 and
numbered 2005/2134 E., 2006/2156 K., it was stated that the order of payment
communicated to the plaintiff did not indicate the term of litigation, which was specified
as 7 days by law, and that the plaintiff made a counterclaim against the order of claim
around 28 days later.
As a result of the examination of the case, it was stated that indication of the legal
remedies and authorities the persons concerned should apply and time limits of the
application was a constitutional obligation, that considering the terms of litigation
and other special regulations with respect to it, in terms of protection of the right to
legal remedies of the individuals with respect to very complexed legislation, failure to
abide by this obligation was contrary to Article 40 of the Constitution, which regulated
the protection of the rights and freedoms of the individuals; therefore, as the order of
payment did not contain the information about the terms of litigation, which was 7
days as per the provision in its special law, which must in fact be stated in the order of
payment, exceeding the terms of litigation cannot be mentioned.

2019 ANNUAL REPORT 59