İdarenin Düzenleyici İşlemlerinde Eşitlik İlkesi

Abstract

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Equality, which is regulated under the section “General Principles” and heading “Equality under the law” of the 1982 Constitution is one of the general principles of law. As a requirement of the rule of law and legal security, the principle of equality results in the same rules being applied to persons who are in the same legal situation. The administration may provide equality under the law through regulatory and individual actions as well as compliance with the principle of equality can be achieved through legal arrangements. The administration should act in accordance with the principle of equality when carrying out general, abstract and objective regulations and avoid discriminatory practices against persons. However, the positive discrimination practices to be implemented pursuant to Article 10 of the Constitution are not regarded as contrary to the principle of equality. On the other hand, the administration must also comply with the basis of equality on regulations about being accepted to public services and equality of opportunity