Abstract:

Alternative measures for administrative supervision can be defined as measures and obligations that under administrative supervision less restrict the fundamental rights and freedoms of foreigners. Amendments to Foreigners and International Protection Act No. 6458 dated December 6, 2019 introduce alternative measures for administrative supervision in our legislation. The implementation of alternative measures to administrative supervision in our law is a very important development in terms of the right to freedom and security of immigrants in our country, although the number of work done on this issue in the Turkish law doctrine is quite limited. The purpose of the article is to contribute to the doctrine by studying alternative measures for administrative supervision in international law and comparative law. The first part of the article will examine the relevant international legal documents, including the European Convention on Human Rights and the decisions of the European Court of Human Rights, the international legal framework for alternative measures for administrative supervision and the elements of alternative administrative supervision based on human rights. The second part of the article will examine how alternative measures for administrative supervision are regulated in the UK, Canada and Austria law and what aspects are taken into account in its application. In light of these reviews, the result section of the article will include some findings and recommendations on the organization and implementation of alternative measures for administrative surveillance in our country.

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