ADMINISTRATIVE JUDICIARY AND THE ADMINISTRATIVE JUDICIAL SYSTEM: THE PRINCIPLE OF THE RULE OF LAW AND THE PROTECTION OF CITIZEN RIGHTS

Administrative Justice and the Administrative Justice System

Administrative justiceis a specialized judicial body that oversees the legality of the actions and decisions of public administrations. This judicial system, which protects the rights of citizens and private legal entities against the administration, constitutes a vital pillar of the rule of law. The fundamental aim of administrative justice is to prevent arbitrary actions by the administration, ensure the supremacy of law, and protect the rights and freedoms of citizens.

Administrative law reviews the legality of administrative actions, whether administrative authorities have exceeded their limits of authority, and whether citizens' rights have been violated. Administrative lawsuits generally involve matters such as the annulment of administrative actions, suspension of execution, or claims for compensation. Administrative court decisions can eliminate, modify, or suspend the execution of an administrative action. In this way, erroneous administrative decisions are corrected, and citizens' rights are protected.

In Türkiye, administrative law is regulated by the Administrative Procedure Law. Applications to administrative courts are generally made within a certain period from the date the administrative act is served. Appeals and cassation avenues exist against administrative court decisions.

The importance of administrative law can be summarized as follows:

• The guarantee of the rule of law principle: It ensures the supremacy of law by preventing arbitrary actions by the administration.
• Protection of citizens' rights: It allows citizens to defend their rights against the administration.
• Efficiency of public services: It ensures that public services are delivered more effectively and efficiently by forcing the administration to act within the legal framework.
• Strengthening democracy: It encourages citizen participation in state affairs and increases transparency.

In summary, administrative justice is an indispensable part of the rule of law and a crucial mechanism for protecting citizens' rights against the administration. The effective functioning of administrative justice contributes to strengthening fundamental values ​​such as the rule of law, democratic participation, and good governance.

The administrative judicial systemis a special branch of the judiciary that resolves legal disputes between the state and its citizens. This system was established to oversee the legality of the state's administrative actions and to protect the rights of citizens. Unlike the ordinary judicial system, administrative justice examines the decisions and practices of the administration that exercises public power.

The fundamental duties of administrative courts include reviewing the legality of administrative actions, defining the limits of administrative authority, protecting the rights and freedoms of citizens, and issuing decisions such as the annulment, modification, or suspension of administrative actions. In fulfilling these duties, administrative courts act in accordance with fundamental legal principles such as the rule of law, equality, and proportionality.

Administrative courtsare courts that decide on administrative actions and decisions, that is, they resolve disputes between the administration and citizens. These courts define the limits of the administration's authority, review the legality of administrative actions, and protect the rights of citizens.

Administrative Courts in Türkiye

In Türkiye, the administrative judicial system consists of three levels of courts:

1. Administrative Courts: These are the first-instance courts of administrative law. Lawsuits filed against administrative actions are generally heard first in these courts. Administrative courts examine the decisions of central and local administrative bodies.
2. Regional Administrative Courts: Appeals against decisions of administrative courts are heard in regional administrative courts. Regional administrative courts review and decide on the decisions of administrative courts.
3. Council of State: As the highest administrative court, the Council of State examines appeals against decisions of regional administrative courts. Decisions of the Council of State are final and cannot be appealed to another court.

The Functions of Administrative Courts

• Reviewing the legality of administrative actions: Checking whether administrative actions comply with laws, regulations, and other legal provisions.
• Defining the limits of administrative authority: Determining which matters the administration can make decisions on and which matters it does not have the authority to do so.
• Protecting citizens' rights: To protect the rights of citizens who have suffered harm as a result of unfair practices by the administration.
• Annulment, modification, or suspension of administrative acts: To annul, modify, or suspend the execution of administrative acts found to be unlawful.

Application to the Administrative Court

To appeal to administrative courts, a specific time limit and procedure must be followed. Generally, an appeal must be filed with the administrative court within a certain period from the date the administrative act was served. The appeal must clearly state which law the administrative act violates and which rights have been infringed.

Administrative procedural lawis a legal framework that regulates how lawsuits filed against administrative actions are conducted. This procedure aims to ensure a fair and speedy trial process in accordance with the fundamental principles of administrative justice. The Administrative Procedural Law (İYUK) sets out the rules to be applied in administrative lawsuits.

administrative litigation, written proceedings are generally the primary method. Parties submit their claims and defenses in writing. While hearings are not usually held, they may be organized at the request of the parties or if deemed appropriate by the court. Evidence in administrative proceedings may include administrative action files, witness statements, expert reports, and other documents.

The Importance of Administrative Justice

Administrative justiceis one of the most important safeguards of the rule of law. In relations between the state and its citizens, it limits the state's powers and protects the rights of citizens. By preventing arbitrary actions by the administration, administrative justice ensures the supremacy of law and increases citizens' trust in state institutions.

The importance of administrative law can be summarized as follows:

• The guarantee of the rule of law: The administration is obliged to use its powers in accordance with the law. Administrative courts oversee this obligation of the administration and ensure the supremacy of law.
• Protection of citizens' rights: Citizens whose rights have been violated by administrative actions can seek redress through administrative courts. Administrative courts ensure the protection of citizens' fundamental rights and freedoms.
• Efficiency of public services: Administrative justice ensures the more effective and efficient delivery of public services by reviewing the legality of administrative actions. The annulment or modification of unlawful actions improves the quality of public services.
• Strengthening democracy: Administrative justice encourages citizen participation in state affairs and increases transparency. The provision of reasoned administrative decisions and the possibility of appeal to the courts increase citizens' trust in the state and promote democratic participation.
• Experience and expertise: Administrative judges are specialists in administrative law. This allows for more accurate and fair decisions in administrative cases. The experience and knowledge accumulated over the years improve the quality of administrative court decisions.

In summary, administrative justice is a vital pillar of the rule of law, protecting citizens' rights, preventing arbitrary administrative actions, and improving the efficiency of public services. Administrative justice is an indispensable institution for strengthening democracy and ensuring the supremacy of law.