Özet:

The administration acting in accordance with the law is one of the most crucial components of the rule of law. Judicial review is the first of two legal instruments that maintain the administration within the law, and administrative procedure act is the second. For this reason, administrative procedure acts have been made in countries that have adopted the rule of law. The United States, Germany, Austria, Hungary, Denmark, Greece, Spain, Italy are examples of countries that make administrative procedure acts. In France, a comprehensive administrative procedure act was enacted in 2015. In Turkey, administrative procedure discussions and studies started with the 1962 MEHTAP project. This was followed by Ali Ülkü Azrak’s 1964 doctoral study. In 1988, a symposium on the preparation of the administrative procedure act was held. A draft of the administrative procedure law has been prepared by the Istanbul University Faculty of Law Administrative Law Research Center. The aforementioned draft was published in the Journal of Administrative Law and Sciences in 2000 with the title of “Draft Law on Administrative Procedure and Right to Information (Istanbul Text)”. In 2003, Law No. 4982 on the Right to Information, which regulates only the right to information, was enacted. The Ministry of Justice prepared the “General Administrative Procedure Draft Law” in 2006. It has not, however, yet been put into action. We attempted to provide general information on the French Code of Administrative Procedure to participate in this discussion. The topics of administrative action abolition and withdrawal were mentioned specifically in this Code.

Anahtar Kelimeler: