Özet:

The term of litigation constitutes a restraint towards the “right to access to the court”, which is seen as a component of the right to fair trial. In action of annulment that has an objective character and in which the legality of administrative act is argued, the term of litigation restrains also the rule of law (l’état du droit). Within the scope of individual application, which has entered into Turkish law a few years ago, Constitutional Court renders some judgments regarding administrative jurisdiction as well. This article asserts, in the light of three current decisions, the possible effects of individual application on the jurisprudence of Turkish Council of State and invites the reader to reconsider the true nature of the term of litigation in administrative procedure.

Anahtar Kelimeler: