The problem of non-enforcement of administrative judicial decisions in Türkiye

The administrative judiciary, as a fundamental mechanism for overseeing the legality of administrative actions, is one of the most significant implementers of the rule of law principle in practice. As a core principle of administrative law, the rule of law is grounded in the supremacy of law, wherein established rules bind all individuals and entities, including those who create them. It ensures legal certainty, mandates that all state organs operate within the bounds of law, and facilitates judicial oversight, thereby embodying a modern and democratic state. In contrast to a police state, the rule of law signifies a system where the state not only establishes rules but is also bound by them alongside all other actors. Internationally, it is regarded as a measure of the legitimacy of a legal system. The enforcement of judicial decisions, as the most tangible manifestation of the law, is a fundamental requirement of a democratic rule-of-law state, ensuring legal security and stability. While the notion of non-implementation of judicial decisions should be unthinkable in a rule-of-law state, this theoretically sound principle has been safeguarded in Türkiye through legislative measures to address potential practical shortcomings. In our study, the issue of non-implementation of administrative court decisions—a problem that has not lost its relevance in our country and remains one of the chronic challenges of the judiciary—has been thoroughly examined. Our work aims to scrutinize the legal framework pertaining to this issue in detail and to offer practical solution proposals, drawing on experiences acquired as a member of the judicial system and the existing legal mechanisms. Within this scope, the structure of the administrative judiciary organization, the decisions rendered during the trial process, and the general legal rules concerning their enforcement have been evaluated within the framework of doctrine and judicial precedents, with an effort to develop concrete solution proposals for this structural problem in our country. Keywords: Rule of law, non-enforcement of judicial decisions, administrative responsibility, compensation