The implementation of the institiution of recourse in Administrative Law with regard to public officers

The main objective of this study is to examine the theoretical basis of the institution of recourse and the solutions that are proposed for over coming the difficulties in practice. In this regard, the first part of this study examines the main legal institutions concerning the liability of the administration by providing information on general concepts of liability law. The second part elaborates on the general structure of the institution of recourse, on the concept of public officer and on the types of fault that cause a recourse relationship between the administration and the public officer. The last part examines problematic issues about the implementation of the recourse mechanism and doctrina suggestions on how this mechanism should be implemented.The lawsuit for damages between the administration and the aggrieved person is settled by the rules of administrative law. The lawsuit for recourse, which constitutes a continuation of the main lawsuit, should also be settled by the rules of administrative law. The relevant provisions of the Constitution of 1982 do not allow the public officer to be a party to the lawsuit, which is filed by the aggrieved party against the administration. Due to this reason, solution methods that lead to a result, in which the public officer becomes a party to the main lawsuit, are not acceptable. Therefore, in light of these legal provisions, the administration should file a seperate lawsuit against the public officer in order to use its right of recourse.KeyWords:1.Administrative liability2.Personal fault3.Public officer4.Institution of recourse5.Administrative jurisdiction