In order to comprehend where arbitration finds its place in a jurisdiction with administrative courts, first, what an administrative dispute is has to be understood. Taking into account the jurisprudence in the Turkish Constitutional and legal system, administrative disputes could be considered as disputes arising out of a concessive public legal relation where one party is acting as an administrative authority to perform an administrative duty. Such disputes are subject to review before administrative courts in Turkey. However, with a constitutional reform, there is now another possibility, that is “arbitration” for specific disputes. In this regard, there are two different types of contracts for the provision of public service being subject to arbitration; both are closely related to the problem of the scope of administrative courts’ jurisdiction. With these amendments, the legislator has a constitutional basis for defining an administrative contract for the provision of public service as a private law contract. In addition, recourse to arbitration for administrative contracts providing public service is possible under the new scheme of the 1982 Constitution. These amendments have effects on the very nature of administrative law, its concepts and principles.
Turkey / Turquie / Administrative Law / Droit administratif 2010
Language
English
Pages
24
Type
Digital edition
5.00 €
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