Heavy penalties for false reports are on the way! Approved in Parliament
The regulation approved by the Grand National Assembly of Turkey (TBMM) introduces new provisions regarding the articles in Decree-Law No. 703, which were previously annulled by the Constitutional Court. The legislative proposal, which covers many changes ranging from ministerial advisor appointments to penalties for false reports, will bring new regulations to public administration.
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The Bill on Making Amendments to Certain Laws and Decree-Law No. 375 has been approved by the General Assembly of the TBMM. The bill provides for regulations regarding the provisions in Decree-Law No. 703, which were annulled by the Constitutional Court.
According to the proposal, with the amendment to the Civil Servants Law, ministerial advisors may be appointed in ministries to advise the minister on matters of special importance and priority. When the minister's term ends, the term of the ministerial advisors will also end. Appointments to ministerial advisor positions may be made without being subject to provisions regarding exams, step advancement, and grade promotion. Those serving in ministerial advisor positions will be paid the financial and social rights and benefits attached to the ministry advisor position under the same procedures and principles.
EMPLOYMENT OF EXPERTS AND ASSISTANT EXPERTS
Experts and assistant experts of the Savings Deposit Insurance Fund (TMSF) will also be employed subject to the provisions of Article 41 of the Civil Servants Law regarding exams, qualifications, theses, and appointment to expertise.
Provided that it is stipulated in the Presidential decrees regarding the organization of ministries and other public institutions and organizations, experts and assistant experts may be employed in central organizations, the Council of Higher Education, the Higher Education Quality Board, and the central headquarters of the General Staff and force commands to work on issues falling within the scope of the institution's duties.
PRESIDENTIAL SERVICES
With the regulation, the Travel Allowance Law, the Vehicle Law, the State Tender Law, the Public Housing Law, the Public Procurement Law, and the Public Procurement Contracts Law will not apply to the Presidency in order to ensure that Presidential services are carried out in accordance with their nature and security requirements. The procedures and principles regarding the matters regulated in these laws and financial affairs and transactions will be determined by the Presidency.
According to the proposal, with the amendment to the Law on Youth and Sports Services, revenues obtained within the scope of services carried out by the Ministry of Youth and Sports in accordance with legislative provisions will be recorded as special revenues. Ministry revenues will again be used within the Ministry's budget. The proposal makes some changes to the Law on the Prosecution of Civil Servants and Other Public Officials.
With the amendment to the Law on Public Officials' Unions and Collective Bargaining, public officials working in the central organization of the Presidency, its affiliated boards, and its affiliated institutions—excluding the Presidency of Religious Affairs, the Presidency of Defense Industries, and the Directorate of Communications—as well as the Secretariat General of the National Security Council, will not be able to be members of unions or establish unions.
PENALTIES FOR FALSE CALLS AND FALSE REPORTS ARE BEING INCREASED
According to the amendment made to the Law on Public Officials' Unions and Collective Bargaining, the Public Employer Board will consist of representatives of ministries and public institutions and organizations determined by the President, under the chairmanship of a Vice President or minister appointed by the President.
Administrative fines for false calls and false reports in the Misdemeanors Law are being increased. Accordingly, the administrative fine of 250 liras imposed by provincial governors on individuals who call the Emergency Call Center to occupy it, speak with officials, or persistently leave calls will be increased to 1500 liras.
If it is determined by a report from the teams going to the scene that the report made to the Call Center is false, an administrative fine of 15 thousand liras will be imposed on the person by provincial governors. In case of repetition of these acts within one year, the administrative fine will be applied as double.
In the Law on Foreigners and International Protection, a regulation will be made regarding the allocation of funds from the Migration Management Presidency budget to temporary accommodation centers for the operation and management of these centers and other transactions in this field.
According to the amendment made to the Law on the Human Rights and Equality Institution of Turkey, the Human Rights and Equality Board of Turkey will consist of 11 members appointed by the President, one of whom is the president and one of whom is the second president. The situation will be announced to the public by the Institution through appropriate communication channels 2 months before the terms of office of the members selected by the President expire. Applications will be made to the Presidency. Newly elected members will begin their duties upon the expiration of the term of the member they are replacing.
TEMPORARY ASSIGNMENT
With the proposal, excluding judges and prosecutors and those considered as such, those employed in public institutions or organizations based on a staff or position, regardless of their status, may be temporarily assigned to other public institutions and organizations for a period not exceeding one year, with the consent of their institutions. This period may be extended by one year at a time.
Personnel consent will be required for assignments exceeding a total of 6 months. Temporary assignment provisions in laws will remain reserved. Institutions and organizations that cannot make temporary assignments within this scope and the procedures and principles regarding the assignment will be determined by a regulation to be put into effect by the President.
The proposal stipulates that services belonging to public institutions and organizations that do not employ civil servants, as stipulated in Presidential decrees regarding their organization, shall be carried out by personnel employed under administrative service contracts and according to labor legislation provisions, without being subject to the Civil Servants Law and other laws regarding contractual employment.
References to the "Prime Ministry Undersecretary" and the "highest civil servant" in terms of financial and social rights and benefits and retirement rights provided for in the legislation will be deemed to have been made to the "Presidential Secretary General."
In order to be appointed to senior public administrator staff, positions, and duties, the conditions specified in the Presidential decree must be met. In the calculation of the service period required for those to be appointed to senior public administrator staff, positions, and duties, all periods actually worked in international organizations and the private sector or as a freelancer, provided that they are subject to social security institutions after completing 4 years of higher education, will be taken into account.
Senior public administrators appointed for a fixed term by the President may be removed from their duties before their terms are completed, not only for the reasons for removal provided for in the relevant laws but also due to failure to achieve institutional goals.
For those appointed to higher-grade positions, every year spent in these positions will be considered as step advancement, and every 3 years will be considered as grade promotion, and will be taken into account in the promotion of their acquired right salary grades.