Özet:

In Turkish law the administrative trial process regarding public officers has always been a central issue. Until the adoption of related Act in 1913 entitled “Provisionary Act Regarding the Trial of Officers” the trial process was mainly of an administrative nature both in regards penal inquiry and penal judgment stages. After the adoption of the Act, penal inquiry and penal judgment stage has been delegated to civil courts. After by another Act, dated December 4 1999 no: 4483 entitled “Act Governing the Trial Process in Regards Officials and Another Civil Servants”, the inquiry stage has also been delegated to civil courts reserving merely the option for the administration to decide upon whether inquiry was to be permitted or not This reservation is also in parallel with the Constitutionary provision allowing the administration to use its power in regards the trial of the public officers to allow it or not! This latter Act covering the misguidences of the first regulation despite its better-oriented provisions has still some defencies. For instance it covers a large range of public despite of its exceptionality and for some officials, the administrative institution to decide for the process to be taken or not is still ambiguous and it depends upon traditional administrative concept(tutelage) of governance.

Anahtar Kelimeler: