The merit principle within the meaning of basic principles concerning the Law on Civil Servants Numered 657
2019
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Advisor: Doç. Dr. Fatma Ebru Gündüz
Abstract (EN)
The Law on Civil Servants No. 657, which was published in the Official Gazette dated 23/07/1965 and published in the Official Gazette No. 12056, contains regulations on civil servants and other public officials; in this context, the service conditions, qualifications, assignment and placement, progress and promotion, duty, rights, obligations, responsibilities, pensions and allowances and other personal rights of public servants have been regulated. On the other hand, Article 3 of the Law No. 657 sets out the basic principles that govern this Law. These principles are classification, career and merit. In the aforementioned law, the principle of classification is to classify public services and public officials according to the characteristics of the services; allowing the career principle to increase to the highest level within the classes, in accordance with the information of the public officials and the conditions of their development; the principle of merit is expressed as the introduction of public services, the progression and progress in the classes and the relocation of the merit system, the delivery of the work and the application of this system equally to all civil servants. From the past to the present, it is seen that the states have been working to optimize the personnel regimes as a result of their experiences. In this context, when we look at the first examples of access to the public service and the rise in the service, we see that the people who are in power have the people they see close to them and bring them to the positions in the upper level. The inadequacy of the people who were appointed to the office because of its closeness to the government and the problems experienced in the fulfillment of public services led to the questioning of the system of nepotism and the importance of the merit system emerged. When examining the basic principles of Law No. 657, the point of view of the said Law should be given to the public officials who are the essential elements of public services. Besides, the purpose and scope of the Law no. On the other hand, before making explanations about the merit principle which constitutes the backbone of our study, evaluations should be made about the nepotismism system which is the occasion for this principle to be introduced and the related developments in comparative law should be put forward. On the other hand, in a public personnel system based on merit principle, it is very important to explain the criteria which can be called as indispensable. Furthermore, it is necessary to know what matters are taken into consideration during the judicial review of the procedures established by the administrations and the provisions of the legislation in force when evaluating the merit and career principle of the judiciary. In the first part of this study, which is prepared as two chapters with the wishes of beneficiaries and practitioners, the characteristics of Law No. 657 and the basic principles that dominate this Law are given, detailed explanations on the principle of merit are given, examples of practice of the principle of merit in comparative law; in the second section, the regulations on the principle of merit in Turkish law and and in terms of the principle of merit, it is important to apply situations are included. Keywords: Principle of classification, Career principle, Principle of merit, favoritism, Council of State, The Law on Civil Servants Numered 657
Author
Can Şeker
Institution
How to Cite
Can Şeker (Master Thesis). The merit principle within the meaning of basic principles concerning the Law on Civil Servants Numered 657, 2019, Ankara Yıldırım Beyazıt University.
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