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Renewal of the trial in administrative procedure law

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2023
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Abstract (EN)

The decision made at the end of the judicial activity becomes final depending on various possibilities and constitutes the final judgment. The purpose of granting judicial decisions a final judgment character is to establish a social and legal structure that functions in a healthy way by ensuring legal security. However, it is possible that the final decisions may contain some serious mistakes. The continuation of such decisions in the legal world under the protection of the final judgment would be contrary to the purpose expected from the final judgment itself. The way to prevent this is the renewal of the trial. In this thesis, the institution of retrial, which has a sensitive place between reaching the material truth and legal security, has been examined in scope of administrative procedure law. While making this examination, current judicial decisions, especially those belonging to the relevant departments and boards of the Council of State, are frequently included. In the first part of the study, the concept of retrial as an extraordinary remedy, its place in legal remedies, its conditions and scope are explained. Again, in this section, legal remedies and final judgments are discussed to the extent required by the subject. In the second part of the study, the reasons for the retrial, which are regulated in article 53 of the Administrative Judicial Procedure Law, are discussed. In the third and last part of the study, the application for retrial and the process of examining and deciding on this application and the procedure regarding the legal remedies to which the decisions made about the application are subject are examined.

Author

İbrahim Koçer

How to Cite

İbrahim Koçer (Master Thesis). Renewal of the trial in administrative procedure law, 2023, Ankara University.

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