Transparent management appoach in Turkish public administration: Law of Information Acquirement Law and applications
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2019
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Advisor: Prof. Dr. Sefa Çetin
Abstract (EN)
Instead of the classical style of governance that dominated the 20th century in the world, the new understanding of governance, including transparent management style, began to enter the rules of law. In this way, the slow management inefficiency and the distance between the public and the management style were quickly left. The aim of the new management style is to transition to a participatory, transparent, accountable, democratic and transparent management style based on rules of law and human rights. In Turkish history, the concept of transparency in management has gone through a slow process in terms of applicability. The right to petition issued in the Statutory Essence (KE) declared in 1876 during the Ottoman period can be considered as the first legal process. In the Republican period, the right to petition continued until the 1961 Constitution. The right to information was included in the article entitled right to petition of the 1981 Constitution and the development of transparency in Turkish public administration took its place at the constitutional and legal level. In this context, in the early 2000s, the Law on Right of Information Acquirement (BEHK) entered into force by being published in dated 9/10/2003 4982 law numbered with the Official Gazette No. 25269. With the Law of Information Acquirement, it was aimed to increase the citizens' confidence in the management and to have a greater voice in the management by moving away from the slow functioning public administration approach. After the introduction of Right of Information Acquirement, the Law No. 5176 "Law on the Establishment of an Ethics Committee for Public Officials and Amendments to Some Laws" was accepted in 2004 as a requirement of transparent management. For this adopted law, entered into force in the Official Gazette No. 25785 on 13.04.2005 dated "Implementing Regulation on the Code of Ethics and Procedures of Application for Public Officials" was published for this law. According to Article 1 as the purpose of the Ethics Committee regulated as "to determine the principles of ethical behavior and to observe the practice". As it can be understood from this regulation, the Board has been given the authority to determine the principles and the Board has become the supervisor of these principles. After the constitution Right of Information Acquirement concept has come into force, within the framework of transparent management approach within the scope of legal regulations in the Republic of Turkey Prime Ministry Communication Center on 20 November 2006 covered by the circular issued by the Prime Minister with a number 2006/3 Authority (BIMER) it was established. Acting as a public relations center, BİMER, by seeking solutions to the problems of the citizens, ensured that the ministries work in coordination with this unit. Through BİMER, all kinds of requests, complaints, notices, opinions and suggestions could be forwarded directly to the Prime Ministry and other institutions through the Prime Ministry. The Presidential Communication System (CIMER) was established by closing the BIMER with the Presidential government system. The aim of this organization is to convey all kinds of requests, complaints, notices, opinions and suggestions of the citizens directly to the other authorities through the Presidency and to try to finalize the issues related to these applications with a solution. Entered into force on 2012 "Law No. 6328 on the Ombudsman Institution" was implemented. The aim of this Law on the institutionalization of transparent state administration is to examine and investigate all kinds of actions and actions of the administration, attitudes and behaviors in terms of compliance with law and equity within the understanding of justice based on human rights.
Author
Kürşat Kara
Institution

Kastamonu University
Hizmet Tasarımı ve İşletmeciliği Bilim Dalı
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Kürşat Kara (Master Thesis). Transparent management appoach in Turkish public administration: Law of Information Acquirement Law and applications, 2019, Kastamonu University.
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