Liability arose from the decisions of administrative judicial

Basic regulation for the application of the decisions of administrative jurisdiction is 28th article of Administrative Jurisdiction Procedures Law. For this, administration is obliged to establish proceedings or to proceed any action, according to the proposals of Council of State, Regional Administrative Courts, Administrative and Tax Courts related to basis and to the suspension of execution. Law decided that this period shall not exceed thirty days from its date of service of decision to the administration, but regarding decision given related to applications of attachment or provisional attachment, proceeding is established by administration after finalization of the decision. And decisions about unlimited jurisdiction including a certain quantity are executed and enforced according to the general provisions.Administrative Jurisdiction Procedures Law did not content with regulating practice of decisions only with the above-mentioned articles; and it also set forth state of non- application of decision. According to the law, in case not establishing proceeding or not proceeding any action according to the decisions of Council of State, Regional Administrative Courts, Administrative and Tax Courts; it can be suited for material and spiritual damages against administration in the Council of State and concerning Administrative Court. In addition, it can be suited for damages against public officials who do not deliberately fulfill court decisions within thirty days.Because this regulation is construed as contempt of court by paying the damages, it encourages disobedience of adjudication. Public officials try to get off actions for damages by claiming that they were not intentional; so decision on damages and application of adjudications cannot be provided.Lawsuits filed against administration should bear deterrent feature for public officials, because recourse to public official is not executed in practice. Also spiritual damages cannot reach to any considerable amount and satisfy related persons due to following jurisprudence of Council of State ?spiritual damages is not means of enrichment?.As the sanction of non-application of adjudications, legal liability as well as criminal, financial and political liabilities must be applied actively.In case adjudications are not applied in practice and in teaching, existence of the criminal liability of public official who behaved intentionally is accepted. Accordingly, non-application of adjudications forms a contradiction to several provisions of Turkish Penal Code and constitutes a crime. Here, several crimes become a current issue such as professional misconduct, neglect of duty and constitution.Key words1-Judgements of Administrative jurisdiction2-Liability Law3-Action for compensation4-Criminal Liability5- State governed by the rule of law