International Conference on Eurasian Economies
29-31 August 2016 – Kaposvár, HUNGARY
Paper detail
Paper ID : 1544
Status : Paper published
Language : Turkish
Topic : Law
Presenter: Assoc. Prof. Dr. Gürsel Özkan
Session : 3B Hukuk
The Settlement of Compansation Disputes through Peace before Administrative Judiciary
Tazminat Uyuşmazlıklarının İdari Yargı Öncesi Sulh Yoluyla Çözümü
- Assoc. Prof. Dr. Gürsel Özkan (Turkish State Council, Türkiye)
Abstract
According to the Article 13 of the Law No. 2577, even though one must apply to the authorities as a preliminary condition of court case before filing a fully judicial lawsuit in terms of the administrative action, Article 13 of Law No. 2577 with its current form does not provide a contribution to the provision of the pre-trial dispute resolution. The Decree Law No. 659 set up the way for application which would also include the compensation claims arising from administrative actions that were designed according to The Article 13 of Law No. 2577. In this arrangement , the preference is left to the person concerned to make a choice either to refer to peace or not to against losses arising from administrative processes; one is not given the chance to eliminate the loses by means of peace during the process of law after administrative process is cancelled by law; this also prevents us to come to the desired objective because it doesn’t provide adequate legal assurance to the top executives and members of the legal disputes commission for their business and operations.
JEL codes: K23
Özkan, Gürsel (2016). "The Settlement of Compansation Disputes through Peace before Administrative Judiciary" in Proceedings of International Conference of Eurasian Economies 2016, pp.260-267, Kaposvár, HUNGARY.
DOI: https://doi.org/10.36880/C07.01544
