Freedom of expression of civil servants in Turkish administrative law

Although freedom of expression is essentially a human right granted to everyone, civil servants are not as free as citizens in exercising their freedom of expression. Civil servants who wish to exercise their freedom of expression are subject to various duties and responsibilities within the framework of Article 10/II ECHR and Article 12/II of the Constitution. These are stated in the study as the obligation of "loyalty to the constitution", "loyalty to the state", "impartiality", "moral and moderate behavior" and "obedience to hierarchical superior". Within this framework, the freedom of expression of civil servants can be restricted by law and on the basis of certain legitimate purposes. In the decisions of the Constitutional Court and the European Court of Human Rights, interventions prescribed by law and having legitimate aims are mostly examined in terms of compliance with the requirements of a democratic society. Depending on the requirements of the public services provided, the intensity of loyalty that the state expects from public officials may vary. Accordingly, freedom of expression may be interpreted more narrowly in public services require special loyalty than in others. Keywords: Civil servants, freedom of expression, loyalty to the constitution, loyalty to the state, impartiality, the requirements of democratic society.