Master'sOpen Access

Fair trial and its reflections on administrative trial procedure

2010
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Advisor: Doç. Dr. Oğuz Sancakdar

Abstract (EN)

Right to a fair trial secured by article 6 of European Convention on Human Rights is one of notable reflections of rule of law in democratic societies. Another one is that each administrative act has to be subjected to efficient judicial control. Within this context, there is a tight relation between right to a fair trial and and judicial control over administration. Thanks to autonomic interpretation method applied by the European Court of Human Rights, conflicts concerned administrative conflicts and administrative trial procedure are thought within this article as well, where appropriate.When judgments of the Court rendered throughout its history are scrutinized, it is seen easily that the we have much more judgments related to administrative trial procedure than expected. Because of that, it is vital to scrutinize administrative trial procedure systematically in terms of right to a fair trial so that possible judgments of violation can be prevented and accordingly new understanding and improvement can be rooted in Turkish administrative trial procedure area.This thesis is dealing with right to a fair trial and administrative trial procedure in the light of judgments of the Court. Thesis consists of two sections. First section is dealing with meaning, cause and protective area of right to a fair trial; also scope and features of administrative conflicts and relation between administrative conflicts and right to a fair trial. Second section is handling requirements of right to a fair trial in administrative area in the light of decisions of the Court.

Author

Dr. Hamit Görür

How to Cite

Hamit Görür (Master Thesis). Fair trial and its reflections on administrative trial procedure, 2010, Dokuz Eylül University.

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