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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

In addition, the Ombudsman Institution attaches particular importance to whether
the administrations act in compliance with the principle of “indication of appeal
possibilities” and it recommends the administrations the compliance with this principle
in many of its decisions. Indeed, there are decisions of the Ombudsman Institution,
where the Institution recommends acting in compliance with the subject principle as
the administration is found not to have conformed to the principle of “indication of
appeal possibilities” due to the administrations’ failure to indicate the authorities that
the persons concerned should apply and time limits of the application (decision dated
29/08/2019 on the application no. 2019/7498, decision dated 06/09/2019on the
application no. 2019/6610 etc.).

NOTIFICATION OF THE DECISION WITHOUT DELAY

The principle of notification of the decision without delay refers to the communication
of the result of a proceeding which bears legal impacts on the individual by the
administration to the person concerned immediately after its conclusion without delay,
in writing or through other legally recognised means.

Accordingly, this principle requires diligence on below points:

• Protecting the individuals from the unpredictable decisions of the administration,
which can unilaterally conduct acts on their legal status,
• Ensuring an effective legal audit by means of certification of the grounds on
which the administration’s decisions base.

• Informing the person concerned as soon as the decision with legal effect has been
taken,
• Notifying that the decisions are not made arbitrarily, deliberately or negligently.

Case Study

In the Decision dated 28/09/2010 and numbered 2010/7934 E., 2010/6948 K. of
the 10th Chamber of the Council of State, it was stated that the action was brought
before the court with the request of the annulment of the decision rejecting Turkish
naturalisation.

As a result of the examination of the case, it was stated that the notification of the
procedures of the administrative acts and ensuring that those concerned are fully
informed directly affects the use of right of litigation and further judicial remedies; in
this sense, legal audit in terms of principles and procedures in the action therein brought
to the court with the request of annulment of an administrative act was only possible

60 2019 ANNUAL REPORT