Abstract:

When administration use its regulation power by excluding some people or theme, there is under inclusive statutory instruments. As this concept has not been studied enough in Turkish law doctrine, it is possible to review the topic by a lot of point of views and the topic has a lot of dimensions, we have limited our study only by bringing is under inclusive statutory instruments to the court. In this study, the regulation power of administration, administration’s regulatory process and under inclusive statutory instruments have been defined also judicial control of the regulatory acts are explained. Especially bringing under inclusive statutory instruments to court, as an annulment action under the concepts of final administrative act that must be executed, and benefit has been revirewed. It has been questioned the method of bringing these instruments to court as an annulment action on the frame of Procedure of Administrative Justice Act especially for the people who are out of the scope of regulations. Considering the Procedure of Administrative Justice Act, it has been reviewed whether silence of administration authorities can be considered and related articles can be applied in case there is under inclusive statutory instruments and Council of State’s approach to the topic has been evaluated.

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