
Contents
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I. Turkey, its Constitutional Development, and its Membership of the Council of Europe I. Turkey, its Constitutional Development, and its Membership of the Council of Europe
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II. The Status of the ECHR and Other CoE Conventions under Turkish Law II. The Status of the ECHR and Other CoE Conventions under Turkish Law
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III. Reception of the Pan-European General Principles of Good Administration through Ratifying CoE Conventions and through National Legislation III. Reception of the Pan-European General Principles of Good Administration through Ratifying CoE Conventions and through National Legislation
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1. Legislation on Data Protection 1. Legislation on Data Protection
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2. Legislation on Local Self-Government 2. Legislation on Local Self-Government
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3. Legislation on Freedom of Information 3. Legislation on Freedom of Information
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4. Legislation on Administrative Justice 4. Legislation on Administrative Justice
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5. Legislation on the Settlement of Actions Brought Before the ECtHR 5. Legislation on the Settlement of Actions Brought Before the ECtHR
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6. Introduction of the Possibility of Individuals Applying to the AYM 6. Introduction of the Possibility of Individuals Applying to the AYM
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7. Legislation on the Ombudsman 7. Legislation on the Ombudsman
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8. Establishment of the Human Rights and Equality Institution of Turkey 8. Establishment of the Human Rights and Equality Institution of Turkey
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IV. Reception of Pan-European General Principles of Good Administration by Turkish Courts IV. Reception of Pan-European General Principles of Good Administration by Turkish Courts
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V. Developments after the Attempted Coup of 15 July 2016 V. Developments after the Attempted Coup of 15 July 2016
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VI. Conclusion VI. Conclusion
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List of Turkish Abbreviations Used in this Chapter List of Turkish Abbreviations Used in this Chapter
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10 The Right to Good Administration under Turkish Law: The Process of Integrating with the Legal Culture of the Council of Europe
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Published:September 2020
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Abstract
This chapter discusses the impact of the pan-European general principles of good administration on Turkish administrative law, whose evolution is deeply marked by the great constitutional changes Turkey has experienced since 1950. Those are due to three military coups (1960, 1971, 1980) as well as the democratization process since the 1990s stipulated as a prerequisite for EU membership. The Chapter shows that since the 1990s the reception of the pan-European general principles of good administration has mostly occurred through national legislation, the Turkish Constitutional Court and the Council of State but in a quite selective manner. The chapter finishes by describing the constitutional changes and the legislative and governmental measures in the aftermath of the coup of 2016 and their effects on the Turkish civil service, the court system and society. The upcoming era, thus, remains a “wait and see” period regarding the development of the said principles for Turkey.
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