Problems Relating to the Right to Information in Turkey

2019 ◽  
pp. 134-168
Author(s):  
Omur Aydin
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Participatory Democracy ◽  
The State ◽  
State Of Emergency ◽  
Attitudes And Behaviors ◽  
And Behaviors ◽  
Right To Information ◽  
The Right ◽  
Share Information

Traditionally, public administration has always preferred to work behind closed doors. However, the concept of participatory democracy, which developed especially after the 1950s, encouraged citizens to participate more in the decision-making mechanisms of the state. Turkey experiences many problems in exercising the right to information, which was enacted in 2003, arising from the administration's attitudes and behaviors and also from the legislation. Foremost among these are the fact that citizens have not been made sufficiently aware of this right and that the administration is reluctant to share information. An analysis of the data and statistics in Turkey shows a rising trend in the exercise of this right by citizens between 2004-2015. However, considering the size of Turkey's population, the rate can still be deemed low. Post-2015 figures show a radical decline in citizens' exercising of the right to information. This situation may be explained by the painful process that Turkey experienced from 2015 onwards and the state of emergency implementations that followed.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals O princípio da proteção da confiança como obstáculo à anulação de atos administrativos - The principle of the protection of confidence as an obstacle to the annulment of administrative acts

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Marina Rúbia Mendonça Lôbo De Carvalho ◽  
Andressa Guimarães Freire
Keyword(s):  
Public Administration ◽  
The State ◽  
Temporal Modulation ◽  
Self Assessment ◽  
Public Power ◽  
The Public ◽  
Legitimate Expectation ◽  
De Se ◽  
And Behaviors ◽  
The Individual

<p>Os atos, condutas e comportamentos do Poder Público gozam de presunção de legitimidade, gerando, em diversas situações, expectativas nos indivíduos. Pode o Estado, no uso de suas prorrogativas, violar aquelas expectativas, causando efeitos negativos à ordem econômica, por despertarem desconfiança e instabilidade nas relações com o Poder Público. Delimitada a ênfase do presente trabalho à função administrativa do Estado, visou-se compreender o princípio da proteção da confiança como instrumento de tutela da expectativa legítima do indivíduo, por impor limites à Administração Pública na anulação de atos administrativos. Nessa situação, viu-se que referido princípio pode conflitar com a legalidade e a autotutela, sendo o caso de se buscar um juízo de ponderação, que resultará na manutenção do ato ou na sua anulação, esta podendo ser com efeitos <em>ex tunc</em>, com efeitos <em>ex nunc</em> ou com a modulação temporal dos efeitos para um determinado momento futuro.</p><p> </p><p>The acts, practices and behaviors of the Public Power in the exercise of legitimation, can generate, in several situations, expectations in individuals. The Estate, in use of its prerogatives, can breach expectations, generating a negative economic response, lack of confidence and instability in its relations. Thus, the principle of protection defends the preservations of these state acts, which effects extend in time, giving the individual an expectation of continuity, even if they are illegal or unconstitutional. Delimiting the emphasis of the present work on the administrative function of the State, it was intended to understand the principle of the protection of trust as an instrument to protect the legitimate expectation of the individual, for imposing limits to the Public Administration in the annulment of administrative acts. In this situation, it was seen that this principle may conflict with legality and self-assessment, being the case of seeking a weighing judgment, which will result in the maintenance of the act or its annulment, this being possible with the temporal modulation of the effects for a certain future moment.</p><p> </p><p> </p>

scholarly journals Restrictions of the right of free movement on the territory of the country during the state of emergency, caused by the Sars-Cov-2 pandemic

2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova
Keyword(s):  
Crisis Management ◽  
Emergency Situation ◽  
Legal Framework ◽  
Central Executive ◽  
The State ◽  
Free Movement ◽  
Legal Basis ◽  
State Of Emergency ◽  
The Right

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

For Some Aspects of Administrative Law State of State of Emergency and Allowable Restriction of Rights

De Jure ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Yoana Ivanova ◽  
◽  
◽  
Keyword(s):  
Administrative Law ◽  
The State ◽  
State Of Emergency ◽  
The Right ◽  
Judicial Protection

The state of emergency implies for a unique legal reality. In order to slow the spread of the disease numerous restrictions are imposed. Only law can introduce allowable restrictions of rights. Moreover, the right of effective judicial protection cannot be restricted.

scholarly journals Spain Case Study: Covid-19 and Censorship during the State of Alarm

2021 ◽  
Author(s):  
LAURA CABALLERO TRENADO
Keyword(s):  
The State ◽  
Right To Information ◽  
The Right

This Paper analyzes the constitutional coverage of the Right to Information during the state of alarm in Spain

scholarly journals Italy’s response to the COVID-19 pandemic: problems of normative management of emergency

2020 ◽  
Vol 2020 (3) ◽  
pp. 54-60
Author(s):  
Tatiana Vasilieva
Keyword(s):  
Negative Impact ◽  
The State ◽  
Public Authorities ◽  
State Of Emergency ◽  
Leading Role ◽  
Western Democracy ◽  
Systemic Problems ◽  
The Government ◽  
The Right ◽  
Council Of Ministers

Dueto the global nature of the COVID-19 pandemic, public authorities of different countries had to deal with similar tasks related to protecting of public interests and ensuring the right to health, inextricably linked to the right to life. Italy was the first Western democracy to experience the effects of the coronavirus. On January 31, 2020, a state of emergency was introduced in the country, which was supposed to be in effect until July 31, 2020. In March it was extended to the entire territory of the country, and severe restrictions on freedom of movement were introduced. The COVID-19 pandemic has demonstrated the ability of public authorities to withstand an emergency and at the same time exposed systemic problems in the relationships of public authorities, both at the horizontal and vertical levels. Introduction of the state of emergency resulted in the Government’s significant increase of power. The situation was managed either by delegated legislation, or by administrative regulations of the President of the Council of Ministers or individual Ministers. The decrees of the President of the Council of Ministers have taken a leading role in the emergency management. Within a month after the declaration of the state of emergency, the Italian Parliament did not show any activity and resumed its activities only due to necessity to approve decrees and laws. In fact, the constitutional control over the Government activity was weakened. The lack of due coordination between the State and regions in the normative sphere undermined trust between authorities and had a negative impact on adherence to the principle of loyal cooperation.

BASIC SURVEY OF ATTITUDES AND BEHAVIORS UNDER STATE OF EMERGENCY BY COVID-19 IN JAPAN

2021 ◽  
Vol 77 (2) ◽  
pp. 129-140
Author(s):  
Kosuke TANAKA ◽  
Tomoyuki INAGAKI ◽  
Keisuke IWATA ◽  
Masamitsu ONISHI ◽  
Yusuke KANDA ◽  
...  
Keyword(s):  
State Of Emergency ◽  
Attitudes And Behaviors ◽  
And Behaviors
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