HUK433

School of Law \ Law

2

3

Elective

Turkish

-

Law

This course examines the bases, scope and legal limits of the authority of the administration to impose sanctions within the framework of Turkish Administrative Law. The types and characteristics of administrative sanctions, their relationship with administrative and criminal law are discussed, and the remedies and judicial review processes against administrative sanctions are evaluated.

Ali D. ULUSOY, İdari Yaptırımlar, On İki Levha Yayıncılık, Ankara, 2013.
Mustafa KARABULUT, İdari Yaptırımların Hukuki Rejimi, Turhan Yayınları, Ankara, 2008.
Yaşar GÜÇLÜ, İdari Para Cezaları ve Diğer İdari Yaptırımlar, Seçkin, 4. Baskı, 2020.

The aim of this course is to analyze the sanction power of the administration from a legal perspective, to explain the basic principles, types and limits of administrative sanctions and to teach the application mechanisms against administrative sanctions. It is aimed that students will be able to evaluate administrative sanctions theoretically and practically and interpret the legal processes in this field.

1. Explains the legal basis and limits of the sanction power of the administration.
2. Has a command of the characteristics of administrative sanctions and classifies them.
3. Distinguishes the differences between administrative sanctions and criminal sanctions.
4. Has knowledge of the effects of administrative sanctions on fundamental rights and freedoms.
5. Differentiates the administrative sanctions regulated under the Misdemeanors Law No. 5326.
6. Has knowledge of the ways of application against administrative sanctions and judicial review processes.
7. Distinguishes and interprets the principles of administrative law and criminal law regarding administrative sanctions.
8. Has a command of the process of controlling the legality of administrative sanctions.

Week 1: The source and basis of the authority of the administration to impose sanctions in Turkish Administrative Law
Week 2: Subject and characteristics of administrative sanctions
Week 3: Classification of administrative sanctions, distinction between administrative sanctions and criminal sanctions
Week 4: Fundamental rights and freedoms interfered by administrative sanctions
Week 5: Examination of administrative sanctions in terms of administrative procedure theory
Week 6: Types of administrative sanctions under the Misdemeanor Law, No: 5326
Week 7: Administrative fines
Week 8: Administrative measures
Week 9: Types of disciplinary sanctions and disciplinary offenses
Week 10: Principles of administrative law to be applied about administrative sanctions
Week 11: Principles and guarantees of criminal law to be applied about administrative sanctions
Week 12: Ways of application against administrative sanctions. Judicial review of administrative sanctions and the relevant judicial authority

• Midterm 40 %
• Final 60 %