The principle of continuity and regularity of public services

The concept of public service, depending on the social developments, can be used in very different meanings today. According to all of these, there are also different approaches in the doctrine.The concept of public service, which is one of the main subjects of Administrative Law, or even Public Law, as narrow and techinaclly means that continious and regular activities which are carried out in order to satisfy the common needs by the State or other public entities or under their supervision and control.There are some basic principles of public services. It is expected that, public services should be implemented in accordance with these principles. These principles which origin court decisions, are tried to systematize by the doctrine.The principles of public service; continuity and regularity, generality and neutrality, the variability in adaptation and innovation, gratuitousness, which are known as Rolland Law, have been accepted as the dominant principles of the public service with many court decisions.The principles of public service are attached strictly to each other. All of them, almost look like an ensemble. Each principle is linked to the other. Unless there is one principle, the others lose their meanings. Continuity and regularity is an element of the concept of public service, and also the basic principle that seems to be complied with.The principle of continuity of public service, is referred to public services should be fulfilled depending on the continuity of the social needs. But of course, continuity of the public services does not mean that the public services are always carried out at all hours of the day and with the same intensity. The qualifications and the demands of the public services should be considered. If it is neccessary for a public service due to its qualifications, it must be carried out continuously, 365 days in a year, 24 hours in a day. Unless it is neccessary, it can be carried out for a definite period, in the day, even in the months.Continuity of the public service is not enough for a quality public service. Services also should be carried out in a definite plan and programme according to social demands. In other words, services should be fulfilled in accordance with the principle of regularity. Regularity of public services is related to the operation of public services. Public services should be conducted in accordance with predetermined conditions.If the public services are fulfilled continuously and in good trim, people will be able to benefit from the services the best.In this study, it is tried to display the meaning of continuity and regularity principle, its scope by taking in consideration relationship and interactions with other principles. In this context, the principle of continuity and regularity, not only have an understanding of being chronological. It means that public services, depending on social needs, must be carried out in a certain quality and intensity, in high-qualitiy, efficiently, effectively, without any discrimination between people (or even, if it is necessary, it must be taken into account some personal chracteristics of people who benefit from the sercives, such as socio-cultural, economic, physical features.) In other words, the public services must be represented duly.In addition to these principles, the principle of continuity and regularity should be also read and interpreted with the Constitutional principles and essences which public services are based on.In this context, the principle of continuity and regularity does not mean that the public services must be carried out uninterruptedly all the time, on every accounts. It referres to public services must be represented continuously and regularly in a state which is democratic, lay, social and based on rule of law and human rigts.In this study, it can be come to the conclusion that the principle of continuity and regularity is not only linked to the concept of public service, it is also related to all the main subjects of Administrative Law.In other words, this study is an assay which tries re-write to Administrative Law in the perspective of the principle of continuity and regularity.In Administrative Organization Law, this principle can be related to:?The principle of integrity of Administration,?Hierarchy and power of administrative supervision,?The principles about breaking the public corporations,?The bases of conducting the public offices, which are in responsible of central administration and local administration continuously and regularly.In Public Officials Regime, the principle is attached to:?The concept of the permanent staff and statute law,?The principle of career and merit,?The autorization of live assignment,?Institution of attorneyship,?The private legal arrangements about public officials? civil and criminal liability,?Duties and prohibitions for public officials,?Legal arrangements about putting public officials out of office,?Legal arrangements about terminating public office.In Public Property Regime, the principle is linked to:?Rules about acquisition of public property,?Sort of public properties ?especially common properties and properties allocated public service,?The principles and rules about protecting public properties,?Legal arrangements about protecting and obtaining public money.In Theory of Administrative Acts, the principle is referred to:?The qualifications of Administrative Acts (unilateral, executive and accepted presumption of legality),?The rules about withdrawing administrative acts. (The principle of legal stability and predictability of the law)In Law of Administrative Contracts, the principle is related to:?Administrative contracts which is about conducting a public office.?Superior authority of Administration on the administrative contracts. (e.g. unilateral cancellation and imposition unilateral obligation)The other actions which are conducted by Administration are also related to this principle. For example, if public services are carried out continuously and regularly, armband activities of Administration can be conducted easier. Also, an action which aims to protect public order, can be enabled public services to be conducted.However, in some cases, armband activities of Administration can cause interrupting public services.Planning activity of Administration is a pre-activity for continuous and reglar public services.In Liability Law of Administration, if public services can not be carried out continuously and regularly (if public services are carried out badly, late or public services are not carried out) it is named as fault of service.In Administrative Procedural Law, the principles that are also aim to protect the state which is social and based on rule of law, is also attached to the principle of continuity and regularity.Finally, if it is not complied with this principle, there will be a judicial review. It is an important subject and the scope of this review is a controversial issue. In our legal system, named as administrative regime, as a general rule, Administrative courts hear a case that takes root from conducting public services. However, there are exceptive legal arrangements. Some of them have been found Constitutional by Constitutional Court, especailly since the 2000s. These legal arrangements and judgemenets are controversial that if they can provide continuous and regular public services or not.If it is not complied with this principle, it can be brought two actions in administrative courts: Action for rescission and administrative action for damages. If an administrative act which is about conducting a public service is unlawful, this administrative act can be revoked by the administrative courts. If a public service cannot be conducted continuously and regularly and depending on this, people come to harm, they can bring an administrative action for damages.Right along with these administrative actions, the individual application to Constitutional Court is accepted our Constitutional system with the Amendments of Constitution in 2010. According to this provisions, if a public service cannot be carried out continuously and regularly, the people whose fundamental rights and freedoms within the context of ECHR (European Convention on Human Rights) are damaged by the reason of this and they prove abortive by the end of hearing, they can make an individual application to Constitutional Courts. However, there are ambiguous provisions in Law No. 6212, which is come into effect in 30.3.2011. That?s why, it is inappreciable if individual application to Constitutional Court will be an effective legal remedy for the people or not. Court decisions will be probably determining factors about this matter.As can be seen, on the contray of the studies which have been published as yet, the principle of continuity and regularity is not only related to the concept of public service, it is also attached to all of the basic subjects of Administrative Law.