Özet:

There are various legal problems encountered because of the judicial principle envisaging that in case of an award annulling an administrative action against which a suit has been filed for annulation, such administrative action would be null and void since its inception date and that the ex ante legal status prior to such inception date would be taking its place.  The following are the foremost issues concerned; when a regulatory act is annulled, what is the legal status of an administrative action of individual character that has been taken based on such regulatory act, and whether an earlier regulatory act which had been abolished by the same regulatory act annulled would be legally in place automatically after such annulation. Furthermore, on top of these issues the following should also be added: individual administrative actions together with administrative actions that can be separated from tender contracts and annulment awards regarding administrative contracts.All of these concerns stem from the relative incoherence between the principles of legality for administrative actions and legal stability and security, both of which are deemed as the prerequisites of rule of law in a legal system, and each having no privilege over the other. In search of a solution to these concerns, the Conseil d’État has reached at a conclusion by softening the effects and legal outcomes that had been traditionally acknowledged for and attributed to annulment awards

Anahtar Kelimeler: