Time condition in full remedy actions based on the article 13 of Administrative Jurisdiction Prodecure Law
2020
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Advisor: Dr. Öğr. Üyesi Cenk Yaşar Şahin
Abstract (EN)
The administrative judicial system includes the types of administrative cases called annulment and full remedy actions. Those whose personal rights have been violated due to administrative procedures and actions seek to remedy the damages they have incurred through filing full remedy actions before the administrative courts. As in the other countries that have accepted the administrative judicial system, in our country, filing a full remedy action due to the damages resulting from procedures and actions is subjected to the condition that the lawsuit to have been filed within a certain period of time. In our administrative judicial system, terms of litigation for filing administrative actions are set forth by the Administrative Jurisdiction Procedure Law (AJPL) No. 2577 and by some other spesific laws. Our study, entitled "Time Condition in Full Remedy Actions Based on the Artccle 13 ff Administrative Jurisdiction Prodecure Law" and dealing with the issue of litigation terms for full remedy actions, which constitute one of the essential conditions of the principle of the state of law, consists of three sections: In the first section; the concept and nature of administrative action and its qualities distinguishing it from the other legal acts of the administration are mentioned and also the obligation to obtain a preliminary decision by applying to the relevant administration before a full remedy action to be filed in accordance with the Article 13 of the AJPL is explained. In the second section; the litigation terms for full remedy actions to be filed within the scope of the Article 13 of the AJPL is explained via providing with relevant court decisions. In the third and the last section, some particular and exceptional cases are explained and suggestions are made on how to prevent the loss of rights arising from legislation. The aim of this study is to clarify the beginning of the litigation terms for full remedy actions and to prevent the loss of rights by considering the right to a fair trial and in the light of the decisions of the Council of State, the Constitutional Court and the European Court of Human Rights. Key words: Administrative justice, administrative law, full remedy action, term of litigation, right to legal remedies
Author
Dr. Duygu Yazıcı
Institution
How to Cite
Duygu Yazıcı (Master Thesis). Time condition in full remedy actions based on the article 13 of Administrative Jurisdiction Prodecure Law, 2020, İstanbul University.
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