The Modified Application of Code of Civil procedure in administrative procedure

Code of Administrative Procedure, with its 31th article has made a reference to Code of Civil Procedure. By this reference, Code of Administrative Procedure has accepted the application of Code of Civil Procedure, in the absence of the provision in cases; challenge of judge and recusation of judge, competence, intervention of a third party to the trial, impleader attorney, withdrawal and recognizance of the appeal, warranty, cross action, expert, detection (estimate), perpetuating testimony, litigation costs, legal aid and the actions against the behaviors of the parties which are damaging the composure and the disciplinary of the court.However, some of the rules -corresponding to the aforementioned institutions- prescribed by Code of Civil Procedure are not applicable in administrative procedure. Due to the fact that the administrative procedure has its own peculiar features, the application of Code of Civil Procedure in administrative procedure is modified. This modification is sometimes exclusively resulted from Code of Administrative Procedure and sometimes essentially resulted from case law. The purpose of this study is to analyse this modified application by taking into consideration the debates of the doctrine and especially by examining the decisions of Council of State.