Preminary examination and jurisdiction in administrative adjudication

Prior to examining the basis of the conflict in the administrative lawsuits, thepreliminary examination finding out whether the lawsuit satisfies the conditions whichare necessary in terms of the preliminary conditions will enable to conclude withoutdelay the lawsuits which will not be examined in terms of basis due to theirpreliminary conditions. Such issues have been stated in Article 14 of AdministrativeAdjudication Procedure Law Number 2577.The subjects of the preliminary examination are carried out with the followingsequence: a) Jurisdiction and authority, b) Administrative authority violation, c)Competence, d) Whether there is a definite process which is compulsory (ornecessary) to carry out and may be subject to administrative lawsuit or not, e)limitation of actions, f) Enmity, g) Whether the motions in court are satisfying Articles3 and 5 of the Law.Persons who approach negatively to the preliminary examination methodsuggest that it is not possible to give the opportunity to the parties for debating at thebeginning stage of the lawsuit and indicate that the Council of State and the TribunalOffices have different approaches to the preliminary examination issues, whereas theones who advocate preliminary examination state that the time required for seekingremedy will be shorter by determining the incomplete and incongruent proceduresright at the beginning of the lawsuit and that with the preliminary examination method,the work load will be mitigated to some extent.Jurisdiction generally indicates that a judicator tribunal bears the authority interms of subject of the litigation. Certain criteria are employed in the administrativeadjudication in order to determine the jurisdiction: administrative process,administrative action, administrative agreement, public law, public service, publicorder.Two-level administrative adjudication system has been adopted with Lawsnumber 2575, 2576 and 2577, enacted on 20.01.1982, and ?administrative tribunals?,?tax tribunals? have been established as the first level and the Council of State,excluding the lawsuits tried by the Council which is on special jurisdiction as the firstlevel court, has been positioned as the final level tribunal.Since there is incongruence in terms of jurisdiction between the administrativeadjudication, judicial adjudication, and martial administrative adjudication, theareas of jurisdiction of such adjudications should be known fully.Due to certain gaps in Laws number 2575, 2576, and 2577, there are alsosome problems encountered in jurisdiction.