Abstract:

With the amendment made to the Law 2577 on Administrative Procedure, the remedy of objection and rectification was abolished, and the remedy of appeal was brought into force. The decisions to be made at the stage of appeal are specifically indicated in Law No. 2577. According to the Law no. 2577, the decisions to be made in the appeal proceedings are the rejection of the appeal, the removal of the first-instance court decision and meeting a new decision on the merits of the case, the removal of the first-instance court decision and the submission of the file to the court for a new decision. According to Law No. 2577, the reasons that require the file to be submitted to the court for re-decision are limited. In practice of the administrative jurisdiction, there are also submission decisions for a number of reasons not prescribed by law. Taking into consideration that the appeal practice is newly developing in the administrative jurisdiction, it is aimed to examine the reasons of submission decisions which are not foreseen in the law and their status in the legislation.

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