Page 63 - 2021-Yillik-Rapor-Ingilizce
P. 63

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE



                  ex officio by the civil registration administration pursuant to Law No. 5490 and its
                  relevant legislation, our recommendation issued to relevant people to fill this gap
                  in a way they deem appropriate by issuing a ruling or circular or by making legal
                  arrangements concerns all individuals in our country.

               -  Our recommendation to remove the process of handover of children from the
                  enforcement system and to establish units similar to “family meeting points/child
                  handover centres” where the child can have a constant and steady relationship with
                  the parent with whom they will not live together and our recommendation to
                  discuss the “Family Mediation” system in order to conduct divorce proceedings in a
                  healthier way affect the parties of tens of thousands divorce lawsuits filed in courts.

               -   In order to take measures to prevent the loss of rights of workers whose notification
                  and/or application processes are not conducted by their employers, although they
                  are actually on unpaid leave, our recommendation on making an amendment in the
                  Procedures and Principles Regarding the Implementation of Cash Wage Support
                  under Temporary Article 24 of the Law on Unemployment Insurance No. 4447
                  concerns all workers.
               -  Regarding the internship registration fee for attorneyship internship, our
                  recommendation to ensure uniformity in the practices between bar associations
                  concerns all lawyer candidates.
               -   Our recommendation to amend the provision “Performance fees of previous periods
                  are not paid for staff who leave our Company by transferring between institutions or
                  resigning” in the fifth paragraph of Article 9 titled “Calculation of the performance
                  fee”  of  the  Procedures  and  Principles  Regarding  the  Performance  Management
                  System of Mail and Telegraph Organisation (PTT Corporation) concerns all staff
                  working in the relevant company.
               -   The recommendation on making the necessary legislative amendments towards
                  a structuring that will ensure the impartiality and independence of the Board
                  of Arbitration and Professional Football Disciplinary Board (PFDK); ensuring
                  decisions to be issued with justifications by the Board of Arbitration, enriching the
                  existing justifications, and determining the criteria specific to the concrete case in
                  the justifications; paying attention to the principles of international sports law; and
                  publishing the decisions with justifications and, as a result of the recommendation,
                  amendment made in the Statute of the Turkish Football Federation (TFF) affect all
                  sports enthusiasts.
               When the figures given above are considered, it is seen that millions of people are
               directly or indirectly affected by our aforementioned decisions, and it is estimated
               that 150 thousand of lawsuits were avoided as a result of the decisions and activities of
               the Ombudsman Institution, given that 1 to 2 per thousand of these people victimised
               had the potential to resort to the judiciary.


                                                                      2021 ANNUAL REPORT  59
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