Judical disqualification of and recusal of technical expert in administrative procedural law

Although the court-appointed judicial expert does not take the place of the judge within the judicial system, he/she plays a decisive and effective role related to reaching the judicial decision by assuming significant technical and scientific tasks in the domain of the judge. In this respect, the independence and impartiality of the expert, who is a kind of "assistant of the judge", amounts to the independence and impartiality of the court. Article 272 of the Civil Procedural Law No. 6100 regulates that experts are subject to the same rules on the disqualification and recusal of judges. The purpose of the administrative jurisdiction is to keep the public bodies within the limits of the law and to protect individual right and freedoms against the unlawful acts of the administration and to ensure the rule of law by this way. Therefore, the provisions to be applied to assure the independence and impartiality of the expert are of particular importance in the administrative jurisdiction. Article 31 of the Administrative Procedure Law No. 2577 sets forth that the provisions of the Law on Experts No. 6754 and the Civil Procedural Law No. 6100 shall apply with regard to experts. In our thesis, the concept of the judicial disqualification and recusal of the experts in administrative jurisdiction will be discussed in terms of the positive law (de lege lata) and the law that should be (de lege ferenda). Key Words: Judicial expert, Court-appointed technical expert, judicial disqualification of expert, recusal of expert, administrative procedural law, civil procedural law.