The administrative regime according to the Jurisprudence of the Court of jurisdictional disputes

In Turkish law, there is a separation/differentiation from private law persons in terms of the law applicable to the legal relations to which the administration is a party and the jurisdiction where the disputes arising from these relations will be resolved. This system, characterized by the dualities of administrative law (public law)-private law and administrative courts-ordinary (judicial) courts, is called the administrative regime (le régime administratif). In the legal systems where the administrative regime is embraced, a distinct high court named Court of Jurisdictional Disputes (Tribunal des Conflits) is established to resolve the disputes of competence between jurisdictional orders. Through their decisions, these high courts highlight and transform the legal duality (dualité juridique) and the separation of jurisdictions that created them. In this thesis, Turkish Court of Jurisdictional Disputes' conception of the administrative regime is examined in terms of its approach to the separation of competences between jurisdictional orders in general and the competence (subject-matter jurisdiction) of the administrative courts in particular. While the Court tries to determine the competent jurisdictional order in the context of fulfilling its constitutional and legal duties; it also investigates whether the activities, legal relations, legal acts and cases to which the administration is a party have an administrative nature. Almost every decision of the Court in which it finds the administrative jurisdictional order competent is based on the determination of a differentiation originating from the administrative regime and most of the time includes evaluations regarding the reasons and consequences of this differentiation. From this viewpoint, all the decisions of the Court published in the Official Gazette were examined and an attempt was made to systematically present the conception of the Court regarding the legal regime to which the administration is subject.