Right to a fair trial within the framework of disputes arising from administrative law
2022
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Advisor: Doç. Dr. Lale Burcu Önüt
Abstract (EN)
The right to a fair trial is a universal fundamental right that includes many sun-principles and provides assurance to other rights in the contract. The right to a fair trial is regulated in many international documents and it is most comprehensively included in the European Convention on Human Rights (ECHR). In this study, the right to a fair trial within the framework of administrative law disputes is examined within the framework of the decisions of the European Convention on Human Rights (ECHR) and the Constitutional Court. Since administrative law constitutes the field of study of the investigation, paragraphs (2) and (3) of Article 6 of the ECHR are outside the scope of the study. Although it is understood in the text of Article of the ECHR that disagreements regarding civil rights and obligations and criminal charges are within the scope of protection, ECHR interprets the scope of the Article generally with the interpretation method it has developed. In this context, the right to a fair trial in terms of administrative disagrements develops in line with the case law of the ECHR. Since there are no precise definitions for administrative law by the court, it is important in the doctrine how the ECHR evaluates the criteria for disputes. In the study, in line with the case law created by the ECHR, the elements of the right to a fair trial together with the decisions of the Constitutional Court were discussed under sub-titles and the appearance of these elements in administrative disagrements was tried to be examined. The thesis consists of two parts. In the first part, the consept of the right to a fair trial and its protection area are evaluated and the basic regulations regarding the right to a fair trial are given. In the second part, the elements of the right to a fair trial in line with the decisions of the ECHR and the Constitutional Court are specified under sub-titles and the evaluation of this right in administrative disputes regarding each element is included. Keywords: Right to Fair Trial, ECHR, EHRC, Administrative Conflicts, Administrative Trial Procedure, Constitutional Court
Author
Dr. Burçin Kızılcıklı
Institution
How to Cite
Burçin Kızılcıklı (Master Thesis). Right to a fair trial within the framework of disputes arising from administrative law, 2022, Dokuz Eylül University.
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