BÖLGE İDARE MAHKEMESİNİN DOSYAYI İLGİLİ MAHKEMEYE GÖNDERMESİ MESELESİ

Abstract

The remedy of appeal, which started to be implemented after the reform made in the administrative judiciary, has become a general legal remedy in terms of almost all cases. The appellate authority can annul the decision that it finds unlawful and issue a new decision in the remedy of appeal, which is audited in terms of legality and compliance with the material fact. However, in article 45 of the Law on Administrative Judgment Procedure, especially in order to ensure graded judgment, in some cases, it is envisaged that the unlawful decision be revoked and sent to the relevant court. However, in administrative jurisdiction practice, unlawful decisions are revoked and sent to the relevant court, except for the cases listed in the law. The current practice of administrative justice regarding the issue of sending the file to the relevant court has developed contrary to the characteristics of the remedy of appeal and the purpose of its introduction. In this study, the reasons for refoulement in the Administrative Procedure Law are examined in detail, and the current practice of administrative justice is explained. Afterward, the current practice of administrative justice and the relevant law article were discussed by referring to the regulation in civil proceedings.