A Comparison of The Turkish And French Civil Service Systems in Terms of General Characteristics And Disciplinary Legislation in Social Life

Abstract

The roots of administrative law are based on the French administrative law. The primary aim of the administration is to meet societal needs and provide public services. To ensure the execution of public services, the administration requires personnel who operate in accordance with its rules. These personnel consist of civil servants and other public officials.The conditions for their appointment, the categories of civil service, the principles related to their positions, working models, the rights and obligations of public personnel, and the applicability of the delegation system established to represent employees have been examined through a comparative analysis with the French public personnel regime.

Administrative sanctions, on the other hand, are enforcement actions carried out by administrative authorities within the scope of their conferred powers when administrative regulations are violated. These sanctions are considered executive acts. Public servant disciplinary law, as a branch of administrative law, is an integral part of this system of sanctions.Regarding disciplinary law sanctions, various aspects have been analyzed, including the types of disciplinary penalties, the procedural rules and principles governing disciplinary investigations, the implementation of fundamental rights such as the right to defense, the right to a fair trial, and the principle of equality of arms. Efforts have also been made to modernize disciplinary offenses and sanctions in accordance with contemporary needs, including legislative proposals.The study aims to contribute to the discipline of public servant law in Turkey by evaluating the principles and procedures of the French public personnel regime and assessing differences in administrative judicial systems.