DoctorateOpen Access

Legal security principle in administrative procedure law

2020
0 views
0 downloads
Advisor: Prof. Dr. Meltem Kutlu Gürsel

Abstract (EN)

In a state of law that is obliged to ensure the legal security of the individual against the administration, legal means of protection against the unlawful use of the public power should be envisaged. The administrative procedure is set of rules that the administration holding public power must follow during the realization of an administrative activity by enabling individuals to participate in the process with some rights to ensure legal security. Administrative procedural rules bound the process of performing the administrative transaction to certain rules. Thus, the legal security of the individual against the administration is ensured before a legal dispute arises. In line with the development of the rule of law principle, with the development of administrative procedural law, new legal guarantees have been created that will protect the individual against the administration during the process of the administrative transaction. Accordingly, administrative procedure laws have been coded in many European countries. At the present day, with the codification of the general administrative procedure in France in 2015, there is no country in Europe without a general administrative procedure law. All these developments required the administrative procedure to be evaluated as a separate branch of law. Accordingly, in many academic studies in Europe, "administrative procedural law" has started to be expressed as a separate branch of law. Since the 1960's there have been important developments in our legal system, in the area of legislation of basic administrative rules. However, a general administrative procedural law is still not coded. Given the changing position of the individual in society, this situation is not acceptable in today's world, where the principle of legal security is discussed beyond the state of law. Therefore, it is the main purpose of this study to emphasize such an important deficiency by bringing it to the agenda again in the light of current developments. Keywords: Administrative Procedure, Legal Security, Administrative Transaction, Legal Clarity, Legitimate Expectations.

Author

Dr. Mehpare Çaptuğ

How to Cite

Mehpare Çaptuğ (Doctorate thesis). Legal security principle in administrative procedure law, 2020, Dokuz Eylül University.

License

Tüm Hakları Saklıdır

This work is shared under the specified license terms.

More theses from Dokuz Eylül University