ADMINISTRATIVE SANCTIONING SYSTEM IN TURKEY

Authors : Yücel OĞURLU

Pages : 507-514

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Publication Date : 2005-12-01

Article Type : Other Papers

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