The principle of proportionality in administrative sanctions

The administration, which has an extensive area of duty to perform the activities of conducting public service, maintaining public order and safety, and protecting public health, must have the power of practicing sanctions to execute these services and activities within its area of duty. The area of practice of the administrative sanctions practiced depending on the power granted clearly by laws without the need of ruling by the administration has been widened with the formation of independent administrative authorities and empowering them with the power of practicing the sanctions. Therefore, it has become difficult to classify administrative sanctions.While practicing the administrative sanctions, ensuring the legal safety of persons, who are in a powerless state against the administration, is a necessity of the principle of the state of law. For this purpose several restrictive principles have been stipulated in the constitution. Generally the most effective one is the principle of proportionality among the restrictive principles determined such as the right of defense, the principle of justification, the principle of objectivity, the principle of legacy, the principle of vice, and the principle of proportionality.The principle of proportionality, which expresses a measurable proportion between the means and aims and the means applied to restrict a liberty or a right being favorable to realize the aim that is wished to achieve and the means of restriction being necessary for the aim, has been used by the governing jurisdiction as a criteria of inspection for a long time. At the consequence of the amendment made in 2001, the principle, which has been arranged clearly in the article text No. 13 of the Constitution, has had a legal basis and so it could be practiced by the adjudication judge easily and conveniently. In administrative law in the inspection of the principle of proportionality practiced especially in the area of administrative sanctions, the adjudication judge inspects whether there is a fair balance between the administrative violation or not, whether the administrative sanction is necessary or not, and whether the means used in practice of the administrative sanctions are favorable or not. If a balance is not overseen by the administration, it cancels the procedure, which includes the sanction. With regard to this, in our thesis the examples for the purpose of practice have been given and the practice of the principle of proportionality has been tried to explain.Key Words1. Administrative sanction2. The principle of proportionality3. Discretionary power of the administration4. State of law