Hearing in Administrative Law

Administrative transactions, administrative acts and administrative contracts consist study of administrative justice. Because of peculiarities of administrative cases, written proceedings and file based examination applied in administrative justice. Even if written proceedings is applied in administrative justice, hearing is also used. However, administrative hearing is substantially different from civil and penal justice hearings. Hearing is not mandatory, it is an exceptional institution in administrative justice. There are some conditions to be used hearing in administrative justice. Hearing is defined generally in Article 17-19 of Administrative Proceedings Code. When parties of a case demand hearing, court of first instance is required to apply it. Parties must request hearing in written. Principally, hearing is public. Parties have twice speech right. Prosecutor also joins hearing in Council of State and prosecutor gives his comments. If both parties of case do not attend, hearing is not held, court decide on case file. Principally, there is one session of hearing and court is required to give decision within fifteen days after hearing in administrative justice. Witnesses cannot be heard in Administrative justice. There is no record of hearing in administrative justice, so clerk does not attend in hearing. To conclude, hearing in administrative justice in not efficient and effective. Thus, it should be handled for effectiveness. Keywords Administrative justice, hearing of a case, written trial procedure, right to fair trial, efficiency of hearings, Witnes, record of hearings.