Stay of execution in administrative jurisdiction
2007
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Advisor: Prof.dr. Gül Akyılmaz
Abstract (EN)
Judicial auditing on governing authorities carried by indepependentand neutral judicial authorities is the most effective auditing way anda thustop securitiy assured for governed public in a state of law. Administrativejurisdiction function is the top guarantee for juridical security for third personsaganist the exclusive rights of administration authorities acting in anexclusive statue within its relations with third persons. Nonetheless, as thereexist no obstacle in filing a suit aganist administrative processes and makingof a decree in relation with the respective person, the stay of execution withthe respective person, the stay of execution concept is one of the basicfoundations that would bring an effective outcome in an action for revocation.Stay of execution which means the decrepit of qualifications thereof, isa concept that enables to suspend powers endowed to administrativeauthority by law for the continuity, efficieny and determined execution ofpublic services carried under terms of necessity for execution, execution byenforcement, pretending to be lawful and ta ensure obedience by everbody.Revocation actions, which is a requirement for a state of law, ensuresthe opennes for filing claims aganist all and every kind of administrativeprocess and acts, dependence thereof ta law, ta push those into the terms oflaw and execution in accordance with law. Revocation actions strikes closelywith stay of execution throughout the making a decree process, for not tocause a negative condition and cases aganist causes carrying the revocationdecrees up to an impossible level to execute revocation actions under aprocess considered to be unlawful under terms of previous inspections.Stay of execution is a concept that gives sense to the administrativejurisdiction auditing which is the real guarantee for a state of law, andfurthermore gives sense and effectiveness to revocation actions. In that waythe execution will be stayed throughout the period the decree made forrevocation of a process.
Author
Hamit Ali Kandil
How to Cite
Hamit Ali Kandil (Master Thesis). Stay of execution in administrative jurisdiction, 2007, Gazi University.
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