Impacts of the decisions of the European Court of Human Rights on the Turkish Administrative Jurisdiction

The subject-matter of our study is the impacts of decisions of the European Court of Human Rights (ECHR) on the Turkish Administrative Jurisdiction. The European Court of Human Rights does not only take decisions related to the judicial jurisdiction, but also many conflicts in respect of the judicial jurisdiction are brought before the ECHR. Therefore, it was needed to conduct a study related to the situation of the administrative jurisdiction in the ECHR decisions.The ECHR is a court established in accordance with the European Convention on Human Rights, which has also been acknowledged by Turkey. The norms of the Convention that grants fundamental rights and freedoms to individuals are rules of law of superior quality which are directly applicable by the Turkish Courts. The issue I especially would like to emphasize in the study is the fact that it is required that the Convention provisions which have been prepared by taking as the basis the opinion as to the protection of democracy and which have become a part of the Turkish domestic law be applied and employed as an independent criterion norm by the Constitutional Court, the Council of State and the other courts by having been understood along the lines of the case law of the ECHR. In the study, the changes that should be done in our law aimed at this goal have been dealt with in two parts.In the first part, the topic of the place of international treaties in our law has been focused on for purposes of being able to clarify the issues of the quality of the ECHR decisions and how such decisions direct the law and jurisdictional decisions of our country and due to the fact that the European Convention on Human Rights is an international treaty as well. Later, the characteristics and legal nature of the European Convention on Human Rights and the ECHR have been examined. And in part two, the impacts of decisions of the ECHR on our domestic law and the administrative jurisdiction have been examined. While examining the topic, besides decisions of the ECHR, decisions of the Constitutional Court, the Council of State, the High Military Administrative Court and the Supreme Court of Appeal related to our topic have also been included. Also, while opinions and practices in the doctrine have been explained, it was endeavoured to make criticisms and generate suggestions for solution as well.This study reveals that decisions of the ECHR affect our domestic law. Along the lines of issues mentioned in the grounds of decisions, amendments have been made to many laws, our Constitution being in the lead. Hence, the determination, by a decision of the ECHR, that the European Convention on Human Rights has been violated by those decisions taken by sites of the administrative jurisdiction has been considered as a reason for the renewal of trial, that is, it has become possible to rule out a decision of a site of the administrative jurisdiction by the case law of the ECHR. In this case, it is now of more priority and importance for sites of jurisdiction to follow the Convention and the case law of the ECHR.