Appellate specifically in legal remedies in Turkish adminstrative jurisdiction: Organisation for Regional Administrative Court and application analyses

With the entry into force of the Law No 6545 concerning "Turkish Criminal Law and Amendment of Certain Laws" on 28.06.2014, significant amendments have been made in the administrative judicial system. Appellate system has been adopted by removing objection and revision of decision, which are ordinary legal remedies. On the other hand, appeal legal remedy has become applicable with the restriction of decisions established on disputes specified in the law. With the regulation made in the extraordinary legal remedies, the distortion for the benefit of the law has been restructured and changed as an appeal for the benefit of the law. In the light of amendments explained; the Turkish administrative judiciary system has converted from a two-level judicial system to a three-level judicial system. The structure, number and duties of the Regional Administrative Courts have been reconstituted by being restructured as the appellate authority. Since certain decisions established by first instance judicial authorities along with appeal law will be re-investigated both materially and legally, the Regional Administrative Courts have become more functional in the proceedings. It is intended for the Council of State to perform the task of case authority, which is its main function, by reducing the number of files (work load) that it shall investigate regarding the appeal. Additionally, the majority of the decisions will be finalized as a result of the review of appellate. In our thesis study, the regulations and practices related to the appellate legal remedy which is included in our Turkish Administrative Jurisdiction system by Law No 6545 have been examined (in the light of the legislation provisions in force, books / articles / theses written on appellate legal remedy, internet sources and information obtained from the organized symposia). In addition, various proposals have been made for developing the application in order for the appellate legal remedy to demonstrate the benefits expected from itself completely. At the end of our study; transferring to the three-level judicial system with the adoption of appellate legal remedy, the decision is concluded to be appropriate and correct in that "the right to fair trial" and "the right to legal remedies", given to the individuals with Constitution and international agreements, are entirely guaranteed and used effectively. Moreover, by the virtue of re-trial in the Regional Administrative Courts, the confidence of individuals in judicial authorities and justice has increased by establishing more accurate and fair decisions has increased the confidence of individuals in judicial authorities and justice. Keywords: Turkish Administrative Judiciary System, Laws No 6545 - 2577 and 2576, First Instance Judicial Authorities, Regional Administrative Court, Council of State, Legal Remedies, Appellate, Appeal, The Right to Fair Trial, The Right to Legal Remedies