Evaluation of No. P.2013/1356, D.2014/946 Decision of Trabzon Administrative Court on 30.6.2014 and the Mutual Defense of Subjects
Journal Title: Kırıkkale Üniversitesi Sosyal Bilimler Dergisi - Kırıkkale University Journal of Social Sciences - Year 2017, Vol 7, Issue 1
Abstract
The 12nd article of Administrative Procedure Act says that “Due to the infringement of rights, subjects can directly sue either administrative action for damages or action for annulment to State Council and administrative and tax courts. Furthermore, they can only sue administrative actions for damages all at once. Moreover, they can firstly sue action for annulment. When the case is adjudicated, they can sue administrative action for damages upon the arbitration of the subject or the communique of the arbitration as long as they appeal to the law. Beginning from the execution date, during the continuation of the case they can also sue administrative actions for damages due to the execution resulted in loss. According to the 11st article, the right of recourse is reserved”. In this study, we give a concise and brief explanation on illegality of the administrative decision in terms of aspect, cause and purpose as well as distinguishable procedures and stay of execution. Additionally, the interlocutory and final decisions of Administrative Court of Trabzon are investigated and the mutual defense of parties is assessed.
Authors and Affiliations
Arda Ergene
Keywords
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