Özet:

Administrative actions and acts are subject to judicial review which is a natural result of the rule of law principle. This judicial review regarding whether the administrative actions and acts are lawful or not are carried out by the administrative courts. Waiver is one of the legal procedures that concludes the cases brought before the administrative courts. Through denial, the claimant completely or partially denies its claims in a dispute. Accordingly, waiver concludes the claim being waived definitely. The resolution of disputes in administrative justice is subject to the procedures set forth in the Code of Administrative Procedure. There is no regulation regarding the withdrawal in the aforementioned law. Article 31 of the aforementioned law refers to the Code of Civil Procedure in regard to the waiver and states that the provisions of the latter code regarding the waiver shall be applicable. Practices deviating from the provisions of the Code of Civil Procedure regarding the withdrawal are emerged due to the inherent character of the administrative cases and public nature of the zoning plan/amendment cases. In this study, the reason why weakening should be applied in administrative justice in a different way is explained with doctrine and jurisprudence.

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