Legal consequences of the implementation of administrative judicial decisions and solution suggestions

All transactions of the administrations are subject to judicial review. Administrative jurisdiction is the jurisdiction that ensures that the actions taken by the administration comply with the principle of legality. In general terms, cases that concern the subject of administrative justice are defined as administrative cases. The Administrative Procedure Law divides administrative cases into three categories. The first of these is dispute cases arising from administrative contracts. On the other hand, there are three categories of administrative cases in total: annulment cases and full jurisdiction cases.The actions of the administration must comply with the law in terms of 'cause,' subject, 'procedure', 'authority', 'form' and 'purpose', which are the constituent elements of the administrative act. If compliance with the law is ensured in terms of the constituent elements of administrative works and transactions, the arbitrary act of the executive body holding the public authority is prevented and is constitutionally guaranteed.In the Administrative Procedure Law; The administration is obliged to take action and take action(s) without delay, in accordance with the requirements of the substantive and executive decisions of the Regional Administrative Courts, Tax Courts, Council of State and Administrative Courts. In Article 28 of the Administrative Procedure Law, the administration is given 30 days to implement judicial decisions. This period will start from the notification of the judicial decision to the administration, but it should not be forgotten that this period is a preparation period given to the administration. Because the main aim here is to ensure that justice is served as soon as possible by implementing judicial decisions without delay.In the 4th paragraph of Article 138 of the Constitution; Administrations state that the legislative and executive bodies must comply with court decisions. It is also regulated in the same law article that the decisions one has to comply with cannot be changed under any circumstances. The implementation of judicial decisions made by the courts is a legal obligation, as stated in the text of the Constitution. Although it is practiced in practice not to implement judicial decisions, problems such as the proper implementation of judicial decisions or the formal implementation of the decision are frequently encountered. As a rule, filing an administrative lawsuit will not eliminate the administrative action taken. It is stated in Articles 28/3 and 28/4 of the Administrative Procedure Law that if administrative judicial decisions are not implemented, moral and material lawsuits may be filed against the administration.Being morally satisfied by filing a compensation case does not prevent the enforcement of judicial decisions. In some cases, if a decision has been made to suspend the execution of the administrative action that is the subject of an administrative case, or if the decision has been made to cancel the administrative action, the action must be carried out by the administration. In Article 125 of the Constitution, judicial remedy is open against all kinds of actions and actions of the administration. However, if judicial decisions are not implemented, implemented incompletely, or implemented formally, the grievance will not be eliminated. The person who must carry out the procedures is the relevant civil servants of the state. If the relevant officials of the state do not implement the annulment procedures in accordance with the letter of the law or if the decisions given by the courts are not properly implemented, the decision made by the administrative judicial body will have no significance. In this context, in the thesis study; Problems in the failure to properly implement administrative judicial decisions by the administration, the Power of Astreinte granted by the Conseil d'Etat in France, Mandamus and Declaration practices in England, judicial orders and punitive damages concepts will be examined and the solutions to the non-implementation of judicial decisions will be examined. In this context, as a result, the necessity of punitive damages or judicial fines imposed by judicial order on the grounds that the compensation amount awarded due to non-implementation of judicial decisions is low, the institution of obtaining investigation permission for public officials who do not implement judicial decisions is privileged and a special legal regulation is made, what procedures should be followed by those whose rights have been violated. The necessity of enacting the Administrative Judicial Decisions Implementation Procedure Law was written regarding the enforcement of judicial decisions.