Türk İdari Yargılama Hukukunda İstinaf Kanun Yolu

Abstract

Legal remedy of appeal in administrative jurisdiction, although it is not compulsory to exist as a legal remedy in administrative jurisdiction law in the Turkish Constitution and the European Convention on Human Rights, as a discretion of the legislator, it started to be implemented as of July 20, 2016, following the regulation made by Law No. 6545 in 2014.There is no doubt that all judicial proceedings of these second-degree jurisdictions, which are included in the administrative justice system and can carry out material review in addition to legal review, just like first-instance courts, are within the scope of the right to a fair trial. However, at this point, it has been observed that some problematic areas regarding fair trial may arise with the application of appeal. As a matter of fact, this situation was included in the decisions of the supreme court and was discussed by practitioners and academics in symposiums. The fact that the appeal in the administrative law is a general legal remedy that can be applied for the decisions given by the first instance courts, while the appeal legal remedy is foreseen only for a limited number of certain types of disputes, makes the mentioned problematic areas important. With this study, the current appeal system and its functioning in administrative jurisdiction law are discussed, and inferences are made for the solution of the problems related to the identified practice and fair trial. For this purpose, the decisions of the European Court of Human Rights and the Constitutional Court of the Republic of Türkiye were used.