ADMINISTRATIVE SANCTIONING SYSTEM IN TURKEY

Abstract

Seperation of powers in Turkish legal system such as others in Europe leads to evaluate two kinds of sanctions different ffom each other: the sanc- tions applİed by courts and the sanctions applied by Administration. Admin- istrative sanctions can be regarded as an old in applying and a new fıeld in theory in the sanctioning system of Turkey. That was a neglected fıeld in Turkish Law. There was only one theoretical administrative law study on this subject by recent times, which was focused on administrative sanctions and particularly on the ones in Italy1. Sometimes, that fıeld has been studied in some administrative law textbooks as a matter of competence of inde- pendent regulatory agencies2, and sometimes as a particular dissertation thesis3, In this study, fırst of ali, we will try to determine the term of administrative sanction. Later, some sorts of administrative sanctions in Turkey will be introduced. Eventually, general principles applying to administrative sanctions in Turkish Law will be discussed.

Keywords

• Administrative Penal Law
• The Concept of Administrative Sanction
• Proportionality

References

1. GÖZÜBÜYÜK, Şeref; TAN, Turgut, idare Hukuku I, Genel Esaslar, (Administrative Law I, General Basics) Ankara 1998.
2. OĞURLU, İdari Yaptırımlar Karşısında Yargısal Korunma (Administrative Sanctions and Judicial Protectİon Against Them), lst Edition, Seçkin Yayınlan, Ankara 2000. (2nd Edition 2001).
3. ÖZAY, İl Han, İdari Yaptırımlar, (Administrative Sanctions), IU. Yayın No: 3326, HF Yayın No: 691, İstanbul 1985.