Özet:

Administrative actes consist of competence, form, motive, subject and purpose elements. The compliance of the administrative actes with the law is controlled by considering these elements. However, both the French law of origin of these elements and Turkish law do not have a legal texte defining these elements. The definition of these elements is made in the light of case law and doctrine. The meaning of these elements, their causes of existence and their functions in administrative acte theory should also be explained. The elements of the administrative process is born on the axis of the annulment case, so can be explained primarily it in this context. Accordingly, the elements prevent the arbitrariness of the administration and serve the principle of legalitiy in order to fulfill the requirement of the rule of law. In the annulment case, the administrative judge who is in charge and authorized to control the legality, performs this by making use of the legal classification under the name of the elements. On the other hand, these elements are conditions not seen in private law and are part of the identity of the administrative acte.

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