Exceptional civil service based on the principle of merit

In the public personnel regime, an exceptional civil service institution has been organized based on the existence of superior qualifications for the duration of the task to be sought and the fulfillment of the political trust expenditure related to the task. Exceptional civil servant positions have an exceptional nature, as can be understood from their name. Exceptional civil servant positions are listed as a limitation in Article 59 of the Civil Servants Law No. 657. The discretionary power of the administration in the appointment of these civil servants with exceptional status and the place of the principle of merit in these appointments are important. Because the notion of merit constitutes an uncertainty of the principle of justice, as we will discuss in our study. In our study, we first define the principle of merit in terms of merit and include relations with justice and other practices against the principle of merit. In order to determine the importance of merit in Turkish legal history, various texts ranging from pre-Islamic Turkish societies were examined. Some other examples are included. Subsequently, the concept of public servant in Turkish law was examined and the origin of this concept of exceptional civil service was determined. The meaning, concept, history and scope of exceptional civil servant positions, which are public servants, were discussed and a summary of these positions, determination of the regime for appointment to these positions and the conditions to be sought in appointment were determined. In this part of our study, the relevant decisions of the Council of State and the Constitutional Court were analyzed. In the last part of our study, the principle of merit was of importance in appointments to exceptional civil servant positions. Finally, the suggestions collected to ensure the principle of merit in exceptional civil service are mentioned.