Interaction of judicial and administrative jurisdiction in the responsibility of the administration

Responsibility of the administration is an autonomous type of responsibility, it mainly resembles civil law. Therefore, despite the legal principles on which the responsibility is based being largely different, many principles and concepts used in responsibility of the administration are common or similar to those in civil law. In addition, since the conditions of responsibility are almost the same in both types of responsibility, similar legal issues are applied in similar cases, and some decisions rendered in judicial and administrative courts have significant effects on both legal systems, sometimes setting precedents for each other. Considering that the jurisprudential and theoretical foundations of responsibility of the administration are relatively recent compared to civil law responsibility, judicial precedents related to civil law responsibility have influenced administrative responsibility and, consequently, administrative courts. On the other hand, both procedural and some legal and jurisprudential reasons have compelled judicial courts to follow the developments in this new branch of responsibility, leading to specific effects of this type of responsibility in the judicial system. In this context, it is observed that decisions regarding responsibility law given by judicial and administrative courts are in significant interaction with each other, resulting in some important consequences. Within the scope of this study, the aim is to highlight the interaction of decisions related to responsibility law given by both types of courts and to reveal the consequences of this interaction. Accordingly, theoretical and jurisprudential developments regarding administrative responsibility, illustrating the development process and comparing it with civil law responsibility, have been included in the study. Additionally, some explanations about the causes of problems in this field are provided. Furthermore, in line with these findings, some proposed solutions are presented to achieve jurisprudential consistency nationwide.