COUNCILLORS UNDERTAKING AN ADMINISTRATIVE TASK AND THEIR INDEPENDENCE IN TURKISH AND FRENCH ADMINISTRATIVE PROCEDURAL LAW


Turinay F.

JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, cilt.73, ss.207-221, 2015 (ESCI İndekslerine Giren Dergi) identifier

  • Cilt numarası: 73 Konu: 1
  • Basım Tarihi: 2015
  • Dergi Adı: JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI
  • Sayfa Sayıları: ss.207-221

Özet

Judicial independence what is an inherent result of separation of powers theory is one of the principles warrant Council of State and Councillors. Council of State's position in jurisdiction is different from other courts due to it's administrative functions. On the other hand, Councillors undertaking an administrative task excluding Council of State's sphere is another dimension of the matter. The problem how Councillors' independence can be affected by undertaking administrative taskes constitute essence of this work. The relation between Councillors of Turkish Council of State and of French Council of State undertaking administrative taskes and their independence is examined comparatively in the study. Occupational past of former and present Councillors of both institution, whether or not realizing independence fact by only formal measures, beyond-law factors which influence independence and European Court of Human Right's approach are taken into account when evaluating the matter.