Master'sOpen Access

Disputes arising from not implementing the decisions of administrative courts

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2019
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Advisor: Dr. Öğr. Üyesi Ali Volkan Özgüven

Abstract (EN)

The implementation of administrative judicial decisions is a requirement of state of law and this is accepted to be indisputable in positive law, court decisions and doctrine. Article 138 of the Constitution emphasizes the obligation to abide by the court decisions, and Article 28 of the Code of Administrative Procedure states that the administration is obliged to establish procedure or do an act without delay, in accordance with the requirements of the administrative judicial decisions. There may also be problems in the execution of the administrative judicial decisions for reasons such as the implementation of administrative judicial decisions differing by the concrete case and decision type, and the implementation of some administrative judicial decisions being impossible due to factual or legal reasons. This study consists of three sections. The hesitations about the procedures for the implemention of administrative judicial decisions and the requirements of administrative judicial decisions have been tried to be removed by classifying the procedures for the implementation of administrative judicial decisions by decision types and exemplifying the non-implementation of the decisions in the first and the second section. Then disputes arising from not implementing the decisions of administrative courts have been clarified in the third section and finally solutions have been tried to be found to reduce these disputes to the minimum level and to enhance the efficiency of administrative judicial decisions.

Author

Bilge Targan

How to Cite

Bilge Targan (Master Thesis). Disputes arising from not implementing the decisions of administrative courts, 2019, Çağ University.

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