DoctorateOpen Access

Intermediate appeal system in administrative law

2023
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Advisor: Prof. Dr. Gürsel Kaplan

Abstract (EN)

The subject of this study is; Appeal, which is the legal remedy to be applied on the decisions rendered as a result of the lawsuits filed in the First Instance Judicial Authorities against administrative and tax disputes, is the legal remedy. With the amendment made in the Law No 2577 with the Law No. 6545 on Amending the Turkish Penal Code and Some Laws, the appeal legal remedy, which was included in the legal remedy system, started to operate on 20.07.2016. In this context, with the inclusion of the remedy of appeal in our legal system, a three-level judicial system has been passed from a two-level judicial system. As a result, it will be ensured that the decisions given by the courts of first instance are examined once again before the courts of appeal in terms of material and legal aspects, and that more accurate and fair decisions are made and the confidence of individuals in the judicial authorities and justice will be increased. On the other hand, it is aimed to finalize most of the decisions as a result of the appeal examination, to shorten the duration of the proceedings, to reduce the workload of the Council of State and to fully fulfill its main function of being the jurisprudence authority. The study consists of three main parts. In the first part; legal remedies and final judgment in administrative proceedings, In the second part, institution of appeal from ordinary legal remedies in administrative jurisdiction and in the third part, The subjects of the appeal procedure will be examined and it has been tried to suggest solutions by making evaluations on the axis of whether the appeal system is functional and by revealing possible problems.

Author

Dr. Gün Yazıcı

How to Cite

Gün Yazıcı (Doctorate thesis). Intermediate appeal system in administrative law, 2023, Dicle University.

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