Özet:

As a result of the reference made under Article 31 of the Administrative Procedure Law (Law No. 2577), rules and procedures applicable to the institution of intervention in court cases at administrative judiciary are included in Civil Procedure Law (Law No.6100). Application of provisions, set out in Civil Procedure Law designed to solve the conflicts of civil judiciary arising from civil law affairs where adversarial system applies, in the administrative judiciary where written adjudication procedure and system of ex officio examination is applicable gives rise to a number of problems. In addition, the institution of intervention is performed in different ways by judicial authorities due to the fact that it is a procedural transaction before the decision about the substance of the conflict.Intervention of those who demand for a right about the ongoing court case or intervention of the third party in the court case who has a benefit if one of the parties wins the case is one of the important elements of the realization of the right to a fair trial. First of all, this paper analyses the way the institution of intervention, which is regulated under Civil Procedure Law which was performed before by the virtue of case-law in civil judiciary, is applied in administrative judiciary. Furthermore this paper analyses procedures and rules about the institution of intervention in the light of the doctrine, current judgments of the Council of State, the Court of Cassation and first instance courts. In addition, the question of whether the intervening party can bring an individual application before the Constitutional Court and whether he/she can bring an appeal on substantial jurisdiction of relevant court before the Court of Conflict is also discussed in the light of the relevant judgments of the said courts

Anahtar Kelimeler: