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- Title
AN ANALYSIS ON THE AMENDMENTS ON ADMINISTRATIVE JURISDICTION THROUGH LAWS NO.6545 AND NO.6552.
- Authors
AVCI, Mustafa
- Abstract
This study examines the amendments to Laws publicly known as the 5th judicial package (Law no. 6545) and 6th judicial package (Law no. 6552) and the amendments in the field of administrative justice, and explicates the amendments that are considered unconstitutional. The study further focuses on the regulations that are amended or revised by these Laws, but are considered unnecessary from our perspective. The study also includes some procedural amendments that are more urgent and essential than the amendments to the Administrative Procedure Law, which constitute the main focus of this study. First, the amendments regarding administrative justice brought by Law no. 6545 may be outlined as follows: The structure and duties of Regional Administrative Courts, related to an appeal system which has been (partially) lacking in the administrative justice, are defined. Furthermore, the appeal is integrated into the system as a legal remedy. With this, the law defines the Regional Administrative Court decisions that can be appealed to the Council of State and modifies other Administrative Procedure Law provisions in consideration of the new system. Correction of a decision is no longer a legal remedy in the system. An immediate judicial procedure, which already exists in the French system, is introduced; however, the procedure is different than the practice in France. Second, Law no. 6552 adds to the Administrative Procedure Law a specific judicial procedure related to central and common exams. Article 28 of the Administrative Procedure Law, regarding the results of administrative justice decisions, was also amended by this Law. Nevertheless, this amendment was cancelled by the Constitutional Court for being unconstitutional. This study provides detailed explanations about each amendment mentioned above and offers solutions to the amendments that are considered problematic.
- Subjects
JURISDICTION (Administrative law); POLITICAL questions &; judicial power; LEGAL judgments; CONSTITUTIONAL courts; INFORMATION technology
- Publication
Law & Justice Review, 2016, Vol 7, Issue 12, p55
- ISSN
1309-9485
- Publication type
Article