Bağımsız idari otoritelerde idari usul ve yargısal denetimi
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Date
2007
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Sosyal Bilimler Enstitüsü
Abstract
The term ?independence? on IRA means not to have superior authority while being in administrative system and taking decisions independently without any influence. The necessity of making a model act to arrange number of members of the boards, nomination and time limitations of duty, determining administrative and financial independence, staff regime for having uniformity, is a truth for harmonization of IRA?s.Because of the fact that IRA?s decisions have much importance for public benefits and have effects on private interest, especially in economic regulation?s era, necessity of adhesion of individuals in administrative decisions process and respect to rights of defenses had been added in APA. Use of the principle of ?separation of powers? was brought to administrative agencies as much as possible for having more impartial decisions. Also in the historical perspective, an administrative process which is more effective and respectful to individual rights had been established by amendment of acts with some principles such as, ?paperwork reduction?, ?freedom of information? and ?government in sunshine?,? transparency and openness?. The same ?separation of powers? principles on IRA?s decision process must be added into proposed Turkish uniform IRA?s act.In the judicial review of IRA?s decision, judiciary generally has a policy of ?maximum review? on administrative process, ?minimum review? on facts and conclusions. In Turkey, the ?Council of State? has shown how the judiciary can be effective on judicial review of administrative process by its decisions which have been taken as an artist regarding to decisions of Turkish Competition Authority which is an example of IRA. Problems of implementation which arise after judiciary review would be solved by amendments of the laws. The best solution for IRA?s administrative decisions process is to add a reform of amendment about uniform administrative process on proposed uniform IRA?s act.
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Keywords
Bağımsız idari otoriteler, Independent administrative authority, Danıştay, Council of State, Rekabet Kurulu, Yargısal denetim