A Review on the Remedies Arranged in the Misdemeanors Law Against Decisions of Administrative Sanction
With the enactment of the Misdemeanour Code No. 5326, which aims to establish a system for misdemeanours that are dispersed throughout the legislation, various controversial issues have emerged. Applications have been lodged with the Constitutional Court claiming that some articles of the Code are u...
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| Format: | Article |
| Language: | English |
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Istanbul University Press
2024-08-01
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| Series: | İstanbul Hukuk Mecmuası |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/BB57CF3CE8EE45158F51AED3F1CFDCEF |
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| author | Muhammet Kahveci |
| author_facet | Muhammet Kahveci |
| author_sort | Muhammet Kahveci |
| collection | DOAJ |
| description | With the enactment of the Misdemeanour Code No. 5326, which aims to establish a system for misdemeanours that are dispersed throughout the legislation, various controversial issues have emerged. Applications have been lodged with the Constitutional Court claiming that some articles of the Code are unconstitutional. Accepting the judicial judiciary as a general jurisdictional judicial remedy in the provisions concerning remedies has led to discussions on the constitutional division of jurisdiction between the judicial and administrative judiciary. Differences in opinion have also arisen regarding the provisions of the Misdemeanours Code concerning remedies. In particular, it has been debated whether a decision on an administrative sanction, which is subject to legal remedies under the Misdemeanours Code, can also be subject to extraordinary legal remedies under the Criminal Procedure Code. Different opinions have been expressed in the literature on the subject. These debates and uncertainties have also been reflected in practise and court decisions. The case law of the Constitutional Court and the Court of Cassation has changed over time. |
| format | Article |
| id | doaj-art-1755ef86dfd04fd5baf85fe37813ed62 |
| institution | OA Journals |
| issn | 2667-6974 |
| language | English |
| publishDate | 2024-08-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | İstanbul Hukuk Mecmuası |
| spelling | doaj-art-1755ef86dfd04fd5baf85fe37813ed622025-08-20T01:51:16ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742024-08-0182260964510.26650/mecmua.2024.82.2.0008123456A Review on the Remedies Arranged in the Misdemeanors Law Against Decisions of Administrative SanctionMuhammet Kahveci0https://orcid.org/0000-0002-6673-298Xİstanbul Üniversitesi, İstanbul, TürkiyeWith the enactment of the Misdemeanour Code No. 5326, which aims to establish a system for misdemeanours that are dispersed throughout the legislation, various controversial issues have emerged. Applications have been lodged with the Constitutional Court claiming that some articles of the Code are unconstitutional. Accepting the judicial judiciary as a general jurisdictional judicial remedy in the provisions concerning remedies has led to discussions on the constitutional division of jurisdiction between the judicial and administrative judiciary. Differences in opinion have also arisen regarding the provisions of the Misdemeanours Code concerning remedies. In particular, it has been debated whether a decision on an administrative sanction, which is subject to legal remedies under the Misdemeanours Code, can also be subject to extraordinary legal remedies under the Criminal Procedure Code. Different opinions have been expressed in the literature on the subject. These debates and uncertainties have also been reflected in practise and court decisions. The case law of the Constitutional Court and the Court of Cassation has changed over time.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/BB57CF3CE8EE45158F51AED3F1CFDCEFmisdemeanours codemisdemeanouradministrative sanctionslegal remediesextraordinary legal remediesreversal in favour of the administration of justice |
| spellingShingle | Muhammet Kahveci A Review on the Remedies Arranged in the Misdemeanors Law Against Decisions of Administrative Sanction İstanbul Hukuk Mecmuası misdemeanours code misdemeanour administrative sanctions legal remedies extraordinary legal remedies reversal in favour of the administration of justice |
| title | A Review on the Remedies Arranged in the Misdemeanors Law Against Decisions of Administrative Sanction |
| title_full | A Review on the Remedies Arranged in the Misdemeanors Law Against Decisions of Administrative Sanction |
| title_fullStr | A Review on the Remedies Arranged in the Misdemeanors Law Against Decisions of Administrative Sanction |
| title_full_unstemmed | A Review on the Remedies Arranged in the Misdemeanors Law Against Decisions of Administrative Sanction |
| title_short | A Review on the Remedies Arranged in the Misdemeanors Law Against Decisions of Administrative Sanction |
| title_sort | review on the remedies arranged in the misdemeanors law against decisions of administrative sanction |
| topic | misdemeanours code misdemeanour administrative sanctions legal remedies extraordinary legal remedies reversal in favour of the administration of justice |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/BB57CF3CE8EE45158F51AED3F1CFDCEF |
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