Özet:

In this study, urgent judicial proceeding and suspension of execution included in the Administrative Jurisdiction Procedure Law are compared with the référé model of France. The comparison discloses that any jurisdictional procedure identical with référé does not exist in Turkey. The référé reform provides a variety of immediate measures to be taken by a single judge, reinforces its powers and simplifies the jurisdictional procedures. In the elaboration stage of the reform, an ultimate attention has been paid to protecting fundamental principles of the administrative law, precisely those of the action for annulment. For this reason, a new institution which is distinct from the action for annulment but nevertheless remedies some of its deficiencies has been developed. In contrast with France, the action for annulment has been disabled through being transformed into the urgent judicial proceeding in Turkey. The severity and the multiplicity of conditions make difficult for the judge to suspend the execution of administrative decisions. The institutions that claimed to be similar to European ones have been distorted in order to restrict the judicial review. Thereby, the judicial trial has been adapted to the capital movement, the obstacles which retard the capital accumulation before the judgment or in the phase of execution of the judgment are removed

Anahtar Kelimeler: