İdari Yargı Kararları Bağlamında Güvenlik Soruşturması ve Arşiv Araştırması

Abstract

The state emerged as a response to humanity's need for justice and security. Within this structure, referred to as the state, individuals are employed according to specific principles and regulations. The employment process for individuals who will serve within this structure, which arose from the need for security and justice, must be conducted with meticulous care. With the advent of the modern state, the step of security investigations and archival research has become the final stage in the appointment process.

When examining Turkish administrative law from past to present, it is evident that the history of security investigations and archival research extends back to the Yıldız espionage reports. Until 1994, security investigations and archival research were conducted within the framework of regulations, lacking a statutory basis. A legal foundation was established with the enactment of Law No. 4045 in 1994, concerning Security Investigations, the Reinstatement of Rights for Certain Public Officials Dismissed for Specific Reasons, and Amendments to the Martial Law No. 1402. However, by 2020, as a result of annulment decisions issued by the Constitutional Court concerning both the Civil Servants Law No. 657 and Law No. 4045, the legislature was compelled to enact an independent law. Consequently, the Security Investigation and Archival Research Law No. 7315 was enacted in 2021, introducing a new regulation in the public personnel regime. In 2022, the Regulation on the Conduct of Security Investigations and Archival Research was also implemented.

Prior to the enactment of Law No. 7315, there was no independent law governing security investigations and archival research. Due to the absence of such a law, numerous gaps in practice were addressed through judicial decisions. New practices in administrative and criminal law, legislative changes, and doctrinal differences have been reflected in judicial decisions over time, leading to varying rulings on similar matters.

In this study, after discussing the historical development of security investigation and archive research within the scope of Turkish administrative law, the key concepts, the individuals subject to security investigation and archive research, the authorized persons and institutions responsible for conducting the security investigation and archive research, their duties and authorities, and the process to be followed within the framework of the new law and regulation will be explained sequentially. In the final section, the main topics of discussion in the field of security investigation and archive research are presented in the context of administrative judicial decisions.

Keywords: Security Investigation, Archival Research, Public Personnel, Civil Servant, Personal Security Clearance