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2008 Assessment

Turkey: Integrity Indicators Scorecard

Turkey: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
44	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	75
45	Is the law governing the administration and civil service effective?	67
46	Are there regulations addressing conflicts of interest for civil servants?	56
47	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

44a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: 1982 Constitution, Articles 10, 31, 70 and 133: [ LINK ]

Law No. 657 on Public Servants, Article 7: [ LINK ]

Regulation Concerning Code of Conduct for Public Employees and Procedure and Principles for Application: [ LINK ]

Regulation Concerning Activity Report To Be Prepared by Public Administrations, Article 5: [ LINK ]

44b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments: Nepotism, cronyism, and patronage within the civil service are indirectly subject to penal sanctions in Turkish law and are not defined as identical types of corruption. However, when any of these violations occur, it is considered to be either malpractice (neglect of duty) or abuse of office.

References: Law No. 657 on Public Servants, Articles 7 and 29: [ LINK ]

Law No. 5237 Penal Law, Articles 38, 66, 80, 86, 102, 103, 105 109, 119, 227, 250, 251, 255, 259, 277 and 288: [ LINK ]

44c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. The mechanism should be independent of their supervisors but can still be located within the government agency or entity (such as a special commission or board). Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: Both the civil servants and the citizens who deal with civil servants at any public institution have the right to seek redress for any grievance. They both may first appeal to the relevant administration. For the civil servant, this means making a complaint or appeal to his or her immediate superior. Therefore, it is highly unlikely they will get redress. In that case, if they are not satisfied they may appeal to the court.

The administrative judicial process is also long and not very effective and the trial may take longer. Sometimes, the administration, based on political considerations, may pay compensation from the state treasury for damage caused by the civil servant.

References: Law No. 657 on Civil Servants, Articles 12, 13 and 21: [ LINK ]

Regulation Concerning Complaints and Appeals of Civil Servants: [ LINK ]; Regulation Concerning the Determination, Monitoring of the Types and Amount of Damage to the State and Individuals Made By Civil Servants and the Responsibilities of the Superiors and Other Procedures, [ LINK ]

Law No. 2577 on Administrative Trial Procedure: [ LINK ].

44d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: According to Article 53 of Law 5237, a person shall be disqualified from exercising any public right, including the right to enter the public service, during the period of conviction only. This general rule applies to special laws too (Law No. 5237, Article 5).

However, the provisional Article 1 of Law No. 5252 adopts a transition period for the implementation of those provisions referring to special laws. In this context, application of Article 53 of Penal Law will be effective after Dec. 31, 2008. Until that time, other laws must be harmonized with the provisions of Penal Law. On the other hand, Article 48/5 of Law 657 on Civil Servants disqualifies such a person to become a civil servant.

Finally, despite the fact that Law 657 is a special law and Penal Law is a common law, until Jan 1, 2009, Article 48/5 of Law 657 will be effective (see link to C. Ergen article).

References: Law No. 5237 on Penal Law, Article 53: [ LINK ]

Law No. 5252 on Enforcement and Application Procedure of Penal Law, provisional Article 1: [ LINK ]

Law No. 657 on Civil Servants, Article 48/5: [ LINK ]

Law No. 5352 on Judicial Registry, Article 9: [ LINK ];

Law No. 3628 on Asset Declaration, Struggle against Bribery and Corruption, Articles 15 and 16: [ LINK ].

C. Ergen, Türk Ceza Hukukunda Belli Haklari Kullanmaktan Yoksun Birakilma, [ LINK ])

Is the law governing the administration and civil service effective?

45a: In practice, civil servants are protected from political interference.

Score:

100

Comments: Although the provisions of the Constitution and the relevant laws assume that no political influence will be exercised, politicization of public service has been a long-lasting phenomenon in Turkey. Bottom-up "partisanship" has been used in public service, especially in appointments and promotions. Nepotism, cronyism and patronage are also very dominant in public service.

References: Bilal Eryilmaz, Bürokrasi ve Siyaset: Bürokratik Devletten Etkin Yönetime (Bureaucracy and Politics: From Bureaucratic State to Effective Government), Istanbul: Alfa Yayinlari, 2004.

General Statement of Reason for the Draft Law on Public Administration, Ankara, October 2003, [ LINK ]

Bulent Tarhan, Chief Inspector, Prime Ministry, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, September 2008.

45b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: A general aptitude test must be taken in order to be eligible for public service. However, oral exams are open to (political) patronage and clientilism. It is a widely shared view held by many, including the government-party supporters, that many of the recent appointees lack professional qualifications.

Bunyamin Ozgur, Kamuda Yönetici Cikmazi (Managerial Predicament in Public Service, [ LINK ]

General Statement of Reason for the Draft Law on Public Administration, Ankara, October 2003, [ LINK ]

Bulent Tarhan, Chief Inspector, Prime Ministry, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, September 2008.

45c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: Nepotism, cronyism, or patronage are widespread in Turkish public service.

References: Bakanligin Sinavsiz Sef-Sef Yardimcisi Atama Hukuksuzluguna Sessiz Kalmayacagiz, [ LINK ]

Bilal Eryilmaz, Bürokrasi ve Siyaset: Bürokratik Devletten Etkin Yönetime (Bureaucracy and Politics: From Bureaucratic State to Effective Government), Istanbul: Alfa Yayinlari, 2004.

Bunyamin Ozgur, Kamuda Yönetici Cikmazi (Managerial Predicament in Public Service, [ LINK ]

General Statement of Reason for the Draft Law on Public Administration, Ankara, October 2003, [ LINK ]

Bulent Tarhan, Chief Inspector, Prime Ministry, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, September 2008.

45d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable representation of positions in terms of a persons authority, responsibility and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments: Organizational analysis, job descriptions and job analysis on which permanent staff (norm cadre) studies are based have not yet been completed by the public institutions.

References: Taner Eraslan, Norm Kadro Çalismalarinin Belediyeye Yansimalari (Reflections of Norm Cadre Studies in Municipal Government), 19.06.2007, [ LINK ]

Bilal Eryilmaz, Bürokrasi ve Siyaset: Bürokratik Devletten Etkin Yönetime (Bureaucracy and Politics: From Bureaucratic State to Effective Government), Istanbul: Alfa Yayinlari, 2004.

Bunyamin Ozgur, Kamuda Yönetici Cikmazi (Managerial Predicament in Public Service, [ LINK ]

General Statement of Reason for the Draft Law on Public Administration, Ankara, October 2003, [ LINK ]

Bulent Tarhan, Chief Inspector, Prime Ministry, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel, September 2008.

45e: In practice, civil servant bonuses constitute only a small fraction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

References: Kamu Kesiminde Ucret Adaletsizligi ve Nedenleri (Unfair Pay in Public Sector and Its Causes), [ LINK ]

Bulent Tarhan, Chief Inspector, Prime Ministry, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel, September 2008.

45f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: Almost all vacant positions in public service are advertised in at least two national dailies and the official gazette.

References: 28 Bin Yeni Kadro Geliyor...(28.000 New Job Allocated), [ LINK ]

2008 Central Government Budget, [ LINK ]

Bulent Tarhan, Chief Inspector, Prime Ministry, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel, September 2008.

45g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: There is no independent mechanism for redress. On the other hand, redress appeals to the Administrative Court take a longer time than average in order to be resolved.

References: Hamza Kaçar memuriyete dönüyor (Hamza kacar returns to civil service), [ LINK ]

Bulent Tarhan, Chief Inspector, Prime Ministry, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel, September 2008.

45h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments:

References: Performance of 2006 General Budget, [ LINK ]

Bulent Tarhan, Chief Inspector, Prime Ministry, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel, September 2008.

45i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: According to Article 48/5 of Law 657 on Public Servants, someone with a corruption-related conviction is disqualified from entering public service. However, the new Penal Law limits the period of disqualification to the period of conviction only. This means that, according to law, those who have committed crimes such as bribery, embezzlement, etc. can eventually return to public service.

This change also covers the crimes listed in Article 48 of the Law No. 657. Thus, this includes those who were convicted for crimes such as simple bribery or abuse of office without being subject to the periods stated in Law No. 5352.

The Council of State (Danistay) also decided that the public authority in question has discretion in this respect within the terms of "restitution of forfeited rights."

References: Mahkumiyeti sebebiyle memuriyetine son verilen memur, memuriyete nasil geri dönebilir?, [ LINK ]

3 yil agir hapis yatan kisi memur olabilir mi?, [ LINK ]; Çetin ARSLAN, Yasaklanmis Haklarin Geri Verilmesi (Restitution of Forfeited Rights), [ LINK ] RÜ^VET0N BAS0T HALLER0

R. Bülent Tarhan, Rusvetin Basit Halleri (Simple Forms of Bribery), Güncel Hukuk Dergisi Ocak 2008.

Bulent Tarhan, Chief Inspector, Prime Ministry, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel, September 2008.

Law 657 on Public Servants, Article 48/5.

Law No. 5352: [ LINK ]

Are there regulations addressing conflicts of interest for civil servants?

46a: In law, senior members of the civil service are required to file an asset disclosure form.

Score:

YES

Comments: However, asset disclosure forms are confidential unless a senior member of the civil service is the subject of a criminal investigation.

References: 1982 Constitution, Article 71: [ LINK ]

Law No. 3628 on Asset Declaration, Struggle Against Bribe and Corruption, Article 2: [ LINK ]

46b: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments: There is no a general law regulating conflicts of interest for civil servants, but the regulation concerning the principles of ethical behavior requires civil servants to conduct their duties in accordance with this principle.

References: Regulation Concerning the Principles of Ethical Behavior for Public Employees and Procedure and Principles for Application, Article 13: [ LINK ]

Law No. 5393 on Municipalities, Article 27, [ LINK ]

Law No. 5271 on Penal Trial, Article 22, [ LINK ]

46c: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: For three years after leaving government service, a public officer, who resigned from any public institution included in Article 1 (public institutions and agencies included in the general budget and municipalities), cannot be assigned to a position or take in charge of any business, make any undertaking, brokerage or representation directly or indirectly in relation to his/her duties and activities held in his/her former office, against the office, department, institution and agency where s/he worked within 2 year before s/he left government service.

Provisions of special laws are reserved.

References: Law No. 2531 Concerning the Jobs That Cannot Be Conducted by Former Public Officers, Article 2: [ LINK ]

Banking Regulation and Supervision Agency, [ LINK ]

46d: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: However, gift-giving and hospitality are cultural components of Turkish society. Therefore, rules on banning or restricting gift received or given by public officials are generally bypassed or violated.

References: Law No. 3628 on Asset Disclosure, Struggle against Bribery and Corruption, Article 3: [ LINK ];

Law No. 657 on Public Servants, Article 29: [ LINK ] .

46e: In law, there are requirements for the independent auditing of the asset disclosure forms of senior members of the civil service.

Score:

YES

Comments: All senior members of the civil service make asset declarations every five years at the beginning and the middle of the decade (i.e., 2000 and 2005); or at any time there is a significant change in their assets. However, there is no auditing mechanism. Declarations are kept confidential unless a member of the civil service is subject to a criminal investigation.

References: Law No. 3628 on Asset Declaration, Struggle against Bribe and Corruption, Article 9: [ LINK ]

46f: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: The regulations restricting post-government employment are enforced inconsistently. In addition, there is no restriction on senior public officers who worked in the private sector before joining public service.

References: CHP'den Basbakan'a: "Çalik Grubu Kollaniyor mu? " [ LINK ] 6.11.2007

Cuneyt Yuksel, Devlette Etikten Etik Devlete: Kamu Yonetiminde Etik (From Ethics in State to Ethical State: Ethics in Public Service), Istanbul: TUSIAD, 2005. Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel (DENETDE), September 2008.

46g: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: In Turkey, sometimes corruption can be explained in terms of gifts and hospitality.

References: Bakanlik milyonluk hediyeleri etik buldu (Ministry finds gifts worths million ethical), [ LINK ]

Cuneyt Yuksel, Devlette Etikten Etik Devlete: Kamu Yonetiminde Etik (From Ethics in State to Ethical State: Ethics in Public Service), Istanbul: TUSIAD, 2005.

Ömer Faruk Gençkaya, "Political Finance, Conflict of Interest and Accountability in Turkey: Implications for Democracy," Corruption and Democracy: Political finances - conflicts of interest - lobbying - justice, Strasbourg: COE, 2008.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel (DENETDE), September 2008.

46h: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: It is rare for civil servants to recuse themselves from taking action in which they have a personal interest. Usually they influence the decision-making process indirectly (if not directly) by showing up in front of the commission in charge of making the decision whether or not they have the right to vote; or they individually make decisions on matters relevant to them or their relatives' personal advantage.

References: Cuneyt Yuksel, Devlette Etikten Etik Devlete: Kamu Yonetiminde Etik (From Ethics in State to Ethical State: Ethics in Public Service), Istanbul: TUSIAD, 2005.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel (DENETDE), September 2008.

"Kiziniise alan baskana hapis cezas1" (Mayor Who Hired His Daughter Improperly Was Jailed), [ LINK ]

46i: In practice, civil service asset disclosures are audited.

Score:

100

Comments: The law does not require an auditing mechanism for civil service asset disclosures.

References: Cuneyt Yuksel, Devlette Etikten Etik Devlete: Kamu Yonetiminde Etik (From Ethics in State to Ethical State: Ethics in Public Service), Istanbul: TUSIAD, 2005.

Ömer Faruk Gençkaya, Political Finance, Conflict of Interest and Accountability in Turkey: Implications for Democracy," Corruption and Democracy: Political finances-Conflicts of Interest-Lobbying-Justice, Strasbourg: COE, 2008.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel (DENETDE), September 2008.

Can citizens access the asset disclosure records of senior civil servants?

47a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: While senior civil servants file asset disclosure forms, these forms are not available to the public.

References: Law No. 3628, Article 9: [ LINK ]

47b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: Asset disclosure records of senior civil servants are not available to the public.

References: Cuneyt Yuksel, Devlette Etikten Etik Devlete: Kamu Yonetiminde Etik (From Ethics in State to Ethical State: Ethics in Public Service), Istanbul: TUSIAD, 2005.

Ömer Faruk Gençkaya, "Political Finance, Conflict of Interest and Accountability in Turkey: Implications for Democracy," Corruption and Democracy: Political Finances-Conflicts of Interest-Lobbying-Justice, Strasbourg: COE, 2008.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel (DENETDE), September 2008.

47c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: Asset disclosure records of senior civil servants are not available to the public.

References: Cuneyt Yuksel, Devlette Etikten Etik Devlete: Kamu Yonetiminde Etik (From Ethics in State to Ethical State: Ethics in Public Service), Istanbul: TUSIAD, 2005.

Bülent Tarhan, Chief Inspector, Prime Ministry, Ankara, September 2008.

Turgut Tan, Professor of Administrative Law, Bilkent University, Ankara, September 2008.

Atalay Erguven, Chairman of the Association for State Supervision Personnel (DENETDE), September 2008.