Belediyelerin Seçimle İşbaşına Gelmiş Organlarının Organlık Sıfatını Kaybı ve Bu Kararların Denetimi

Abstract

Pursuant to the 127 th article of the Constitution of the Republic of Turkiye, the review regarding the deprivation of the capacity of elected bodies in local governments is carried out by the judiciary. According to the relevant provisions of the Code of Administrative Procedure (No: 2577), the judicial authority tasked with carrying out aforementioned judicial review is Council of State. The municipal council and the mayot are identified as the elected bodies of municipalities, which are crucial for fullfiling common local necessities and local democracy. Renewal of the elected bodies and elected people of the municipalities after every local government elections, give rise to new applications about the dissolve of the municipal council and the unseating of the mayor. Every new ruling given by the Council of State regarding these applications, reshape the subject of depriving the elected bodies of the municipalites in terms of principle and procedure. In this study, following the contextualization of municipalites within the context of constitutional principles affecting administrative organization, causes of the deprivation of the capacity of elected bodies in municipalites and the procedure is analyzed within the scope of rulings given by the Council of State. The analyze gave result to identification of İnconsistencies among some rulings. It is also identified that the reason for these inconsistencies are vague legal regulations which are left that way for the interpretation of the court.