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Appeal remedy according to Administrative Procedure Code no. 2577

2021
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Advisor: Doç. Dr. Mehmet Emin Akgül

Abstract (EN)

Appeal, is the investigation of the decision is given by the first instance court, by the higher judicial body as legal and content. The appeal remedy, which entered into force in the Turkish administrative judiciary in 2014 with Code No. 6545, is the ordinary legal remedy, which can be applied against unfinalised decisions. In Turkish administrative jurisdiction, the ordinary remedies are appeal on facts and law and appeal on law and the extraordinary remedies are "reversal in favor of the administration of justice" and "renewal of the trial". Although the appeal remedy is a new application in our administrative judicial system, it is a legal remedy that was included in the French administrative judiciary in 1987. In France, the appeal remedy, which is expected to be a solution to the workload problem of the French Council, has achieved its purpose with various administrative judicial system regulations. In the Turkish administrative jurisdiction, public law and private law had not been separated for a long time in accordance with the principles of Islamic Law applied during the Ottoman Empire period. For this reason, the arrival of appellate institution in our country, which does not have a rooted administrative judicial system, has been late. The appeal system is regulated in Article 45 of the Administrative Procedure Code No. 2577. With these regulations, the parallelism of judicial decisions is tried to be achieved. In order to prevent arbitrary practices in judicial decisions, law regulations should also be clear and understandable in order to avoid any doubts in implementation. Otherwise, the deep and ongoing continuation of the interpretation differences seen in judicial decisions may by violating the principle of certainty. In our study, the appeal remedy was examined with the explanation of other legal remedies. At the same time, the development of the appeal remedy especially in France and its current status were examined. In addition, the current status of the appeal regulation in the Code No. 2577 has been revealed by examining the sample court decisions.

Author

Dr. Bahar Erdoğdu Bilgili

How to Cite

Bahar Erdoğdu Bilgili (Master Thesis). Appeal remedy according to Administrative Procedure Code no. 2577, 2021, Baskent University.

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