Master'sOpen Access

Preliminary examination and duty in administrative judgments

2010
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Advisor: Prof. Dr. Yusuf Şevki Hakyemez

Abstract (EN)

Administrative duties of the judiciary in determining the resulting disputes, the plaintiffs' rights and interests to be addressed to lift away, fast and effective functioning depends on the mechanism of a trial. Demonstrate the operation of this mechanism is the most effective way, according to the terms of the time and the state will be able to adapt. Keep up pace with the changing and evolving field of administrative law and a judicial system will have moved to eliminate both the public interest and prevent the fulfillment of public service.Here is the preliminary examination in administrative judgments of the supreme being implemented in the fulfillment of public service activities of the trial, brought an application in order to ensure the public interest. This conflicts with the principle of application is entered, the first opening stage of the case than the case, proceedings were available to judge the authenticity of the extent that the requirements will be applied.The preliminary examination application, in the case of the dispute, a) duty and authority, b) violations of the administrative authority, c) competence d) whether there is a definite process which is compulsory (or necessary) to carry out and may be subject to administrative lawsuit or not e) duration, f) hostility, and g) of the law number 2577, 3 and 5 petitions whether the activity in the form of conformity with the provisions of the trial.The first and most important in the preliminary examination is the subject of jurisdiction. The study examined the preliminary examination application in general terms, the criteria for the determination of the administrative duties of public power of the judiciary, public service, administrative process, administrative action and administrative contract terms were discussed.

Author

Dr. Mehmet Cemil Fidancı

How to Cite

Mehmet Cemil Fidancı (Master Thesis). Preliminary examination and duty in administrative judgments, 2010, Karadeniz Technical University.

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