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Renewal of adjudication in Administrative Adjudication Law

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2010
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Advisor: Prof. Dr. E.ethem Atay

Abstract (EN)

The subject of our study is renewal of adjudication in administrative adjudication law. The scope and conditions of the legal remedy of renewal of adjudication are not known as much as those of the natural legal remedies in other procedural laws. Therefore, we felt it necessary to make a study on the legal remedy of renewal of adjudication.Since administrative law is a developing, young branch of law, administrative adjudication is in interaction with other procedural law concepts. However, this interaction is not comprehensive by reason of the rules that are specific to administrative adjudication law. Therefore, reasons of renewal of adjudication as specified in the procedural law on administrative adjudication involve certain differences than those related to renewal in other procedural laws. Therefore, in our study, both legal remedies in general,and also the legal remedy of renewal of adjudication have been reviewed by taking into consideration the characteristics of administrative adjudication law.Our study is comprised of two sections. In the first section of our study, the legal remedies, definite judgement and the concepts of renewal of adjudication have been studied as a whole. In the second section, the reasons of renewal of adjudication, which is the main title of our study, has been set out in detail.The scope the thesis included both theoretical case law as well as judicial case law. In the study, renewal of adjudication was evaluated within the scope of extraordinary legal remedies, and particularly administrative adjudication law, and other judicial branches in our country were studied in comparison to the regulations in European counties.Examples to state council decisions, which give direction to judicial case law of administrative adjudication law, and supreme council decisions in the branch of judicial adjudication having similar characteristics were given for purposes of comparison in terms of practice.While doing the research, by remaining dependent on the article of the procedural law on administrative adjudication which regulates renewal of adjudication, research was made on under what conditions this legal remedy could be resorted to, the terms specified for such remedies, and the issues that should be taken into consideration by the jurisdiction that will make a judjement on such request for renewal.Since administrative law and consequently administrative adjudication law is a young and developing field, we tried to set out in our study the controversies and different opinions among scientific doctrines as well as differing result arising out of different interpretation among court judgements

Author

Ahmet Bahaddin Karaşlar

How to Cite

Ahmet Bahaddin Karaşlar (Master Thesis). Renewal of adjudication in Administrative Adjudication Law, 2010, Gazi University.

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