Türkiye Adalet Akademisi Dergisi

Yazarlar: Kadir Can ÖZEL

Konular:Hukuk

Anahtar Kelimeler:Legal Remedy of Appeal,Advantages of Appeal System in Administrative Jurisdiction,Disadvantages of Appeal System in Administrative Jurisdiction,Right to Fair Trial,Right to Legal Remedies,Principle of Legal Security.

Özet: Legal remedy of appeal has been incorporated into the Turkish judicial system through the Mecelle (Ottoman Code of Civil Law) dated 1876. However, the intermediate courts of appeal have been abolished in 1924. As a result of years of discussions and studies, with the Law no. 5235, legal remedy of appeal in civil and criminal jurisdiction has been adopted in 2004. With amendment made to the Code of Administrative Jurisdiction Procedure no. 2577 in 2014, legal remedy of appeal in administrative jurisdiction has also been adopted. Nevertheless, the regional administrative courts which -as a rule- conducting trial of appeal have been actually started to work on 20 July 2016. Before the regional administrative courts started to work and especially after starting to work, many discussions have been took place on appeal system in administrative jurisdiction and suggestions have been expressed for elimination of possible problems. In this context, according to some views in doctrine, while appeal system in administrative jurisdiction is advantageous; according to some views, it is disadvantageous. These discussions continue today. It can be said that large part of discussions stem from the regional administrative courts’ application of wide appeal type and ability to redecide after removing decisions of the first instance courts. As a result, existence of appeal system in administrative jurisdiction appears to be positive in terms of right to legal remedies; however, emergence of possible disadvantages such as violation of right to trial within reasonable time should be prevented.

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