Revoke of administrative acts
2010
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Advisor: Prof. Dr. Bahtiyar Akyılmaz
Abstract (EN)
The subject matter of this study is revoke of administrative acts. Revoke of an administrative act means rendering an illegal act void retrospectively by virtue of another administrative procedure conducted by the administration. For this reason, revoke of an administrative act consists an exception of the `principle of no retroaction of administrative acts.Revoke of a administrative act may be used solely to eliminate illegal administrative acts with all their consequences. Moreover, revoke of an administrative act may be considered as limited to only a certain period of time. This limited period should be considered as the period for filing an annulment action. In several exceptional cases, it is considered that administrative acts may be revoked at all times.The involved parties shall gain vested status from any illegal act which is not revoked in due time. Any illegal act may not be revoked after it causes vested rights to arise. In our study, the conditions that must exist for admissibility of a vested right, and their differences from vested rights were reviewed.In the first part of our study, the administrative act in general and the conduct procedure of an administrative act were reviewed since the act of revoke is an administrative act as well. In the second part, the revoke act and its conditions, and also the acts which cannot be revoked were reviewed. In the last part, the consequences that a revoke act would give rise to were examined separately for the cases of being legal and illegal. Finally, the implementation of revoke was reviewed separately for personal and regulatory acts. Those clarifications were enriched with judicial decisions.
Author
Dr. Fatma Ebru Gündüz
Institution
How to Cite
Fatma Ebru Gündüz (Doctorate thesis). Revoke of administrative acts, 2010, Gazi University.
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