Department of Legal Consultancy
The Department of Legal Consultancy which is one of the central units of the Directorate was formed under law No. 633 dated 22/06/1965 on the Establishment and Duties of Directorate of Religious Affairs and it was considered among service units of the Directorate with an amendment to law No.6002 dated 01/07/2010 and law No.633.The duties of the Department of Legal Consultancy have been stated as follows in article 7, clause (h) of paragraph 1 of the law in question:
To express views on legal matters inquired by the Directorate headquarters and procedures that will have legal, financial and penal results.
To enable legal measures safeguarding the interests of the Directorate and preventing disagreements being taken and agreements and contracts being made in accordance with these principles.
To prepare necessary information in legal cases and administrative suits in accordance with provisions of law No.4353 dated 8/1/1943 and represent the Directorate in administrative suits that it is a party to and that do not concern the Treasury.
To prepare necessary legal proposals for the Directorate to attain its objectives and work in conformity with regulations, plans and programs and present them to the President,
To legally examine and express views on draft laws, guidelines, regulations and other draft legislation sent by the Prime Minister’s office, ministries and the Directorate units.
Duties and Powers of the Department of Legal Consultancy in the legislative decree on legal services in public administrations and special budgeted administrations within the scope of the general budget No.659 dated 26/09/2011 have been summarized as follows:
1- Adjudication services:
a- It represents the administration in legal cases and administrative suits that the administration is a party to, internal and external arbitration hearings, proceedings on legal action for debt collections and all kinds of legal disagreements submitted to the court and follows proceedings as a proxy.
b- It coordinates, follows and inspects litigation, legal action for debt collection and arbitration proceedings that the administration will have itself represented by means of buying legal services.
2- Consultancy Services;
a- It examines and expresses its legal opinion on draft regulations prepared by other institutions regarding administrative services, draft regulations prepared by administrative units and all kinds of draft contracts and specifications to be organized, matters on disagreements between the administration and third parties and other matters inquired into by administrative units.
b- It takes legal measures preventing disagreements in time and expresses its opinion on the settlement of disagreements by peaceful means.
c- It prepares necessary legal proposals to ensure that the administration attains its objective and works in conformity with regulations, plans and programs.
d- It renders secretariat services of the legal disagreement assessment commission and performs other duties assigned by the administration.
Besides, important duties have been assigned to the Department of Legal Consultancy on the settlement of legal and administrative disagreements by peaceful means or remising them.
The Department of Legal Consultancy is directly affiliated to the President and performs its duties under the chairmanship of I. Legal Advisor and with legal advisors, lawyers and other office staff.