İDARİ YARGILAMADA MAKUL SÜRE KAVRAMININ AVRUPA İNSAN HAKLARI MAHKEMESİ KARARLARI IŞIĞINDA İNCELENMESİ

• Main Author: Bayram KESKİN
• Format: Article
• Language: deu
• Published: Inonu University 2018-12-01
• Series: İnönü Üniversitesi Hukuk Fakültesi Dergisi
• Subjects: the right to fair trial; the right to trial within a reasonable time; the european convention on human rights; the european court of human rights (ecthr); administrative procedure law.
• Online Access: https://dergipark.org.tr/tr/pub/inuhfd/issue/38129/462996

The most important reflection of human rights in the field of judiciary is the right to fair trial. The right to a fair trial, which is essential element of the rule of law, determines the rules and principles that govern judicial process with all its stages such as pre-trial, trial and post-trial phase of the adjudication. Not only judiciary bot also all other state institutions must abide by this principle. A number of provisions regarding this right are made in both national and international instruments. The right to a fair trial, which is mentioned in various kinds of international legal texts, conventions and agreements including Europen Convention on Human Rights, is fundamental part of our legal system at constitutional level. ‘The right to trial within a reasonable time’ is the main subordinate element of the right to fair trial. The European Convention on Human Rights does not specify a definite time to protect ‘the right to trial within a reasonable time’. However, the European Court of Human Rights, which has the secondary role to supervise domestic protection of the Convention, determines some criteria for determination of reasonable time. While examining the cases before it, the Court scrutinizes the specifications of each concrete case, the criteria as well. Applicants mostly allege the excessive length of judicial proceedings for their applications lodged with the ECtHR related to administrative cases. Notwithstanding the fact that there are abundant Constitutional and statutory amendments which are made acording to 6. article of the ECHR and case law of the Court, there are still lots of shortcomings in domestic legal system in respect of the right to a fair trial. These deficiencies mainly revolve around different aspects of fair trial such as; trial within reasonable time, equality of arms, right to a contentious trial, right to a court. It can easily be said that aforementioned problematic issues pave the way for abundan case law which is rendered against Turkey. The Court have made contribution to the development of administrative procedure law with the judgments of the ECtHR regarding administrative disputes.