Bölge İdare Mahkemelerinin Kesin Nitelikteki Kararları Arası İçtihat Aykırılığı veya Uyuşmazlığının Giderilmesi

Abstract

The principle of legal security obliges the legislative, executive and judicial powers to be specific, predictable and consistent in their activities. One of the most serious threats to the principle of legal security in the context of the judicial power is conflicts of jurisprudence. With the transition to a three-tier system in terms of judicial procedure, Regional Administrative Courts have been designated as appellate authorities and it has been regulated that the legal remedy of appeal is closed for some decisions of the Regional Administrative Courts. Thus, in order to eliminate the contradictions between the final decisions of the ICJs, which is a new area where case law contradictions may occur, the way of eliminating the contradiction has entered our legal system with the provision of Article 3/C/4-(c) of the Law No. 2576 on the Establishment and Duties of Regional Administrative Courts, Administrative Courts and Tax Courts. As a new legal remedy, the remedy of remedy of incompatibility has controversial issues, particularly the binding nature and effectiveness of the decisions. The starting point of this study is to examine the effectiveness of the remedy of redress of incompatibility on the grounds of legal security. The study is divided into two parts and the remedy of remedy of incompatibility is analyzed with a focus on case law and practice from the perspective of the principle of legal security. In the first part, the principle of legal security and the meaning of this principle in the contexts of legislative, executive and judicial powers, the scope, causes and remedies of the problem of inconsistency of jurisprudence, and the perspective of the Constitutional Court on the problem are discussed, which constitute the basis of the second part. In the second part, the effectiveness of the remedy, the conditions of application and some controversial issues in the merits review are discussed and solutions are proposed.