Citizen’s Rights and Application Procedures in Administrative Law

Fundamental Rights of Citizens in Administrative Law

Administrative law is an important branch of law that regulates the relations between the state and citizens. In this field, citizens have certain fundamental rights. These rights protect citizens against arbitrary practices of the administration and ensure the realization of the rule of law.

One of the most fundamental rights of citizens is the right to be informed about the transactions and actions of the administration. In accordance with the principle of transparency, the administration is obliged to inform citizens about its decisions and actions. In this way, citizens can be informed about the issues that concern them and can claim their rights when necessary.

Another important right is the principle of equality. The administration must treat everyone equally without discriminating between citizens. Discrimination based on factors such as race, religion, language or gender is strictly prohibited. This principle guarantees the impartiality of the administration and a fair administration.

Application Procedures Against Administrative Actions

Decisions or actions taken by the administration may sometimes be erroneous. In this case, citizens have several remedies. Firstly, administrative appeal can be used. The citizen can apply to the administration that took the action and request a review and correction of the decision.

If the administrative appeal does not yield results, an application can be made to a higher authority. In this so-called hierarchical appeal, the citizen appeals to a higher authority of the administration that took the action. The higher authority can review the decision of the lower unit and make corrections if necessary.

Finally, there is the judicial remedy. By applying to the administrative judicial authorities, an action for annulment of the action or a full judicial action can be filed. This remedy ensures that the unlawful acts of the administration are subject to judicial review.

Right to Information and its Implementation

One of the most important rights of citizens is the right to information. Enacted in 2003, the Right to Information Law provides legal guarantees for this right. Thanks to this law, citizens can request information about the activities of public institutions and organizations.

The application for access to information can be submitted to the relevant institution in writing or electronically. The institution must respond to the application within 15 working days. If the information requested concerns more than one institution, this period can be extended to 30 working days.

However, the right to information is restricted in certain areas such as information that is a state secret, information that may harm the economic interests of the country, and information related to intelligence activities. These restrictions are based on public interest and national security grounds.

Ombudsman’s Office and its Role

Established in Turkey in 2012, the Ombudsman Institution (KDK) plays an important role in protecting citizens’ rights against the administration. Also known as the Ombudsman, this institution investigates complaints about the functioning of the administration and makes recommendations.

Applying to the KDK is free of charge and is an easy process. Citizens can apply to the KDK after exhausting administrative remedies. The institution examines the complaints it receives and makes recommendations to the administration. Although these recommendations are not binding, they create public pressure and help the administration to correct its erroneous practices.

The existence of the CSAB makes the administration more transparent and accountable. It also contributes to the strengthening of democracy by facilitating the process of citizens seeking their rights.

The Right to Petition and Its Use

The right to petition, guaranteed by the Constitution, is a fundamental right that enables citizens to submit their requests to the administration. Citizens can submit their wishes and complaints about themselves or the public to the competent authorities in writing.

There are some issues to be considered when exercising the right to petition. The petition must include the name, surname and address of the applicant. In addition, the subject of the petition must be expressed clearly and comprehensibly.

The administration must respond to the petitions it receives within 30 days at the latest. In the event that no response is given within this period, the citizen may apply to a higher authority or go to administrative jurisdiction.

Citizens’ rights and remedies in administrative law are fundamental elements of democracy and the rule of law. The effective exercise of these rights makes the administration more transparent, accountable and citizen-oriented.

It is very important that citizens know their rights and exercise them when necessary. In this way, arbitrary practices of the administration can be prevented and the quality of public services can be improved. At the same time, citizens’ participation in the administration is encouraged.

n administrative law, citizens’ rights and remedies are indispensable elements of a modern and democratic state structure. The protection and development of these rights is in the interest of both citizens and the state. Expanding these rights and ensuring their effective use in the future is of great importance for Turkey’s democratic development.