Master'sOpen Access

Non-judicial resolution procedures of administrative disputes between administration and private persons

2015
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Advisor: Yrd. Doç. Dr. Özge Aksoylu

Abstract (EN)

The lawful requirement is to be open to judicial review against all actions and acts of the administration required by paragraph 1 of Article 125 of the Constitution. Due to the adoption of the administrative judicial system in our country, the administrative courts were established for the purpose of resolving the disputes between individual and administration because of the actions, transactions and contracts of administration. However, the resolution of administrative disputes by the non-judicial way is also acceptable. The subject of the thesis is about the resolving the administrative disputes between administration and private persons through non- judicial procedures which bind both parties İYUK approach that determines the kinds of cases according to the type of the activities of administration was adopted for the resolution of administrative disputes by non-judicial procedures too. Therefore the resolution of administrative disputes between administration and private persons by the non-judicial procedures were studied in three main sections: the non-judicial resolution procedure of administrative disputes cause of administrative transactions, the non-judicial resolution procedure of administrative disputes cause of administrative acts and the non-judicial resolution procedure of administrative disputes cause of administrative contracts. In this context, the description of resolution of disputes cause of administrative transactions and acts through the non-judicial procedures are based upon optional and mandatory administrative application procedures which were taken under the provision of the IYUK and the other special administrative procedure code and peace procedure at 659 of the Decree Law and the other special laws which has the peace process provision in. The resolution of disputes arising from public service concession contracts as through voluntary arbitration is mentioned about at the section of the non-judicial resolution procedure of administrative disputes cause of administrative contracts.

Author

Dr. Kübra Bayraktar Güler

How to Cite

Kübra Bayraktar Güler (Master Thesis). Non-judicial resolution procedures of administrative disputes between administration and private persons, 2015, Galatasaray University.

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