Abstract:

The aim of this article is to evaluate concepts of legal and factual impossibility with an administrative law point of view. Usually Turkish Administrative Courts and Turkish Administrative Law Doctrine refer to these concepts in the context of the administrative inability to implement court decisions. If a legal or factual impossibility is present non-execution of a court decision by the administration is commonly accepted as lawful. A further research on the administrative jurisprudence suggests a broader comprehension of the term “impossibility” given the fact that it may be present in the phase of the establishment and enforcement of an administrative act. Usually this is also the case regarding the execution of a court decision that require a new administrative act. According to the second article of Turkish Administrative Procedure Code an administrative act is composed of five elements namely; power, form, cause, subject and object. As having a profound effect on the legality of an administrative act, there may be a relation between impossibility and the elements of an act. An attempt to discover this relation with data provided by case law is the other main objective of this study

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