Özet:

A pending issue is a matter that arises during the trial of a case and must be resolved by another competent authority in order for the case to be examined or concluded. As a rule, the court hearing the dispute will resolve the dispute itself. Due to the ex officio investigation principle that dominates the administrative procedure law, the court that hears a dispute will reach a decision by solving all the problems related to the dispute in question. A preliminary question refers to the issues that need to be resolved before a case can be continued or decided. However, the concept referred to as the "holding issue" is the exception to this situation. The institution of pre-emptive matter, which is used both in the civil procedure and in the administrative procedure; means that the court dealing with the dispute stops (or postpones) the hearing of the case and waits for the solution of the emerging problem, since another issue that needs to be resolved in order to make a decision on the dispute is not within its jurisdiction. If a preliminary problem arises during the trial, the interested party may raise it by petition or orally during the hearing. If the judge deems it worth examining the preliminary question put forward by the parties, he/she will give notice or notification to the other party in order to report the answer together with the evidence, if any, within the period to be determined.

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