Master'sOpen Access

Principles of administrative procedure in disciplinary law of public official

2019
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Advisor: Doç. Dr. Fatma Ebru Gündüz

Abstract (EN)

The administration is able to put individuals under heavy obligations by performing unilateral and executory administrative acts by dint of the superior and exclusive powers given to itself for the maintenance of public services. These administrative acts even if they are illegal, will have adversely affect the rights of persons punished until canceled by the court because of the presumption of legality. This adversely effect is more severe in disciplinary sanctions. Because disciplinary sanctions have a heavy and destructive effect on the public officials professional lives. For this reason, in addition to the judicial assurance, there should be assurances that limit the administration to certain principles and methods so that the administration does not act unlawfully from the beginning. It is an important necessitiy for the principle of the rule of law. The most important of these assurences is the administrative procedure. If the administrative procedure is followed in disciplinary law the administration will be prevented from arbitrarily exercising its penal authority. Thus, it will be ensured that public officials continue their professional lives in legal trust. In this way, public service will be maintained more effectively. Therefore, legallizing the principles of administrative procedures, which are the guarantee of stability and legality of the administration, will be an important step in achieving the ideal of the rule of law.

Author

Yahya Usman

How to Cite

Yahya Usman (Master Thesis). Principles of administrative procedure in disciplinary law of public official, 2019, Ankara Yıldırım Beyazıt University.

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