İdari davaya konu olabilen yürütülebilir idari işlemin dönüşümü

SILA ÖZTÜRKLER

İdari davaya konu olabilen yürütülebilir idari işlemin dönüşümü

Thesis Type: Postgraduate

Institution Of The Thesis: Galatasaray University, Sosyal Bilimler Enstitüsü, KAMU HUKUKU ANABİLİM DALI, Turkey

Approval Date: 2023

Thesis Language: Turkish

Student: SILA ÖZTÜRKLER

Supervisor: Özge Aksoylu Ürger

Open Archive Collection: AVESIS Open Access Collection

Abstract:

According to the classical administrative act theory, the ability to produce legal results is called to be executory and is considered as an element identifying the act. Pursuant to subparagraph (d) of paragraph 3 of Article 14 of the Administrative Procedure Law, an act must be executable in order to be subject to an action for annulment. In judicial decisions and doctrine, since executability is defined as the ability to produce legal results, it coincides with the characteristic of executability. The development of technology and the transformations in the role and duties of the state are reflected in the field of administrative law as changes in the activities of the administration and the tools it uses to carry out these activities. In this context, unlike the classical understanding of regulation, a pragmatic, guiding and dialogue-encouraging approach is adopted. Although they do not produce legal results, there has been a considerable increase in the number of acts that have significant actual effects due to the process of execution and notification of the acts and the powers of the administrative authorities that issue the acts. These acts, which affect the situation of the concerned persons as much as the classical administrative acts, should be subject to administrative judicial review in Turkish law as in French law. Within the scope of this study, in order to realise this change, which will be a very important development in protecting the right to legal remedies of the administrated to seek their rights without burdening the efficient functioning of the judicial activity, it is suggested that the concept of "executable act" should be interpreted broadly in a way to cover the acts that have significant effects on the persons concerned.