Benzer Olaylarda Bölge İdare Mahkemelerince Verilen Kesin Nitelikteki Kararlar Arasındaki Aykırılıkların Giderilmesi Müessesesi
Year: 2025
Type: article
Abstract: With the commencement of the regional administrative courts in the field of administrative jurisdiction, a serious structural/system change has taken place and appeal has become general legal remedy. The most important problem expected to emerge with this transformation (which is currently present and expected to deepen) is the differences in case law. This study, which aims to present the institution of resolving the discrepancies introduced for the purpose of solving the aforementioned problem by ensuring the unity of practice and case law between the final decisions of different chambers of regional administrative courts, first includes explanations on appeal and the relevant legislation is discussed in detail. Then, the legal nature and binding nature of the decisions given by the relevant councils of the Council of State are discussed by explaining the elements and functioning of the mechanism. Finally, a proposal has been made to amend the Administrative Procedure Law based on the regulations regarding the remedy of reversal in favor of the law in the Code of Criminal Procedure.
Authors: Ahmet Tekin, Selim Gündoğdu
Institution: Eskişehir Osmangazi University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7204946362