The Discretionary powers of the administration in the transfer of public servants by appointment

ABSTRACT THE DISCRETIONARY POWERS OF THE ADMINISTRATION IN THE TRANSFER OF PUBLIC SERVANTS BY APPOINTMENT Mustafa AVCI The Public Law Science Anadolu University Social Sciences Institute, August 2002 Advisor: Prof. Dr. Turan YILDIRIM The thesis is composed of three chapters. These are the discretionary powers of the administration, the transfer of public servants by appointment and the use of discretionary powers in respect of the elements of transfer procedure. It can be said that in the areas where the law has left a marj in of appreciation to a lesser or broader degree. The administration has been granted discretionary powers in choosing the appropriate form of remedy. One of those areas is the articles relating to the public servants act which regulate the transfer of public servants by appointment. Here, transfer is used meaning briefly the appointment of a public servant from a post at one place to another. We have tried to state the particulars in the appointments which include transfer procedures, the considerations which must be taken in to account in transfer procedures and which features the administration should observe when using it's discretionary powers and how these powers should be exercised in the application of these procedures. Moreover, each element of the transfer procedure has been examined to determine the existence of discretionary powers in respect of the elements of administrative actions. We have particularly mentioned the Council of State decisions where the supreme court has given opinions referring to what caution should be given in using discretionary powers in transfer procedures by appointment. Apart from this (In addition) we have commented on which are encountered in practice and which are debated, such as the evaluation of transfer procedures in respect of whether they are politically motivated or not, the finance of transfer procedures with regard to the state and the public servant.