Browsing by Author "Duran, Hazal"
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Item Open Access The intermediary function of Turkey’s legislative ombudsman in resolving public disputes(Ahmet Yesevi Üniversitesi Mütevelli Heyet Başkanlığı, 2021-01-20) Duran, HazalThis article focuses on the function of legislative ombudsman in Turkey in resolving public disputes to understand its intermediary position between public institutions and citizens. Since its establishment in 2012 under the Turkish Grand National Assembly, the Ombudsman Institution of Turkey has resolved 80,535 public disputes. Although the intermediary function of ombudsman has been unexplored in the literature, with studies focusing more on legal and administrative functions, the Turkish context shows that the adoption of intermediary methods enhances the dispute resolution capacity of this institution. To understand the function of intermediary methods in increasing the dispute resolution capacity of ombudsman, this article empirically analyzes 1003 cases resolved via friendly settlement, an intermediary method adopted by the Ombudsman Institution of Turkey since 2017. This study reveals that intermediary methods make limited but positive contribution to the dispute resolution capacity of ombudsman by increasing the interaction between the parties.Item Open Access The third-party function of Turkey’s Ombudsman Institution in resolving public disputes(Bilkent University, 2022-09) Duran, HazalThis study focuses on the third-party function of ombudsman in resolution of public disputes between the citizens and public institutions and the factors undermine and facilitate its third-party function in the Turkish case. Ombudsman institutions have been evaluated in terms of administrative, legal, and human rights functions for years. Although interest in the ombudsman's dispute resolution function has increased recently, there is a lack of empirical studies of understanding this function. This study aims to fill the void by examining the case of Turkey’s Ombudsman Institution. As one of the youngest ombudsman institutions in the world, the Ombudsman Institution of Turkey has been using the friendly-settlement method since 2017 to increase the dispute resolution capacity. This study firstly quantitatively examines the friendly-settlement method based on 1003 cases. Data shows that despite friendly settlement is associated with informal and interactive dispute resolution in general, its use in the Turkish context is heavily dominated by formal and non-interactive methods. In order to understand the reasons creating this divergence, the study uses 24 semi-structured interviews conducted with experts and senior officials of the institution. Following the analysis of interviews, the study shows that authority, flexibility, network, dispute resolution capacity, and the attitude are five major factors determining ombudsman’s third-party function in the Turkish case. The findings also displays that these factors are causing less interaction and informality in relation to bureaucratic legalism in Turkey.