Pre-trial Procedures in Administrative Justice Proceedings in England and Wales, France, Germany and the Netherlands : A Comparative Study with a View to the Possible Development of Pre Trial Procedures in Administrative Law in Turkey
Disputes between citizens or businesses and the State about respective rights and duties are at the core of administrative law. The ability for citizens and businesses to hold Government accountable for acting within the rule of law is a key element of good governance. It provides legal certainty and guarantees predictable and rule-based implementation of legal and regulatory frameworks across different sectors. It also provides Government with effective mechanisms to enforce these frameworks. An effective administrative justice system is therefore a crucial element to make sure all players follow the rules of the game. As such, it is an important aspect of a sound investment climate. The Turkish Ministry of Justice has identified the absence of pre-trial procedures in the administrative justice system as a major obstacle to the efficient and effective delivery of judicial services to citizens, businesses, and the state. There are widespread complaints that administrative judges crumble after a heavy workload and that certain types of cases may be more effectively dealt with outside of the courts. This will make dispute resolution for citizens, businesses, and the state more effective and will alleviate the workload of the administrative courts. Current dysfunctions also affect Turkey's ability to live up to its commitments under the European convention for human rights. Its article six grants those seeking justice the right to a fair trial within reasonable time. Citizens and businesses bring complaints to the European court of human rights which has the power to condemn signatory states for non-compliance. This has financial implications as a country found in violation of this convention has to pay compensation. Beyond the financial implications, though, it negatively affects the image of the Turkish justice system abroad and particularly in Europe, which casts a cloud over European Union accession negotiations.
id |
dig-okr-109862992 |
---|---|
record_format |
koha |
institution |
Banco Mundial |
collection |
DSpace |
country |
Estados Unidos |
countrycode |
US |
component |
Bibliográfico |
access |
En linea |
databasecode |
dig-okr |
tag |
biblioteca |
region |
America del Norte |
libraryname |
Biblioteca del Banco Mundial |
language |
English |
topic |
ACCOUNTABILITIES ACTIONS ACTS ADJUDICATION ADMINISTRATION OF JUSTICE ADMINISTRATIVE ACTION ADMINISTRATIVE ACTIONS ADMINISTRATIVE BODIES ADMINISTRATIVE BODY ADMINISTRATIVE COURT ADMINISTRATIVE COURTS ADMINISTRATIVE LAW ADMINISTRATIVE POWERS ADMINISTRATIVE PROCEDURE ADMINISTRATIVE PROCEDURES ALTERNATIVE DISPUTE RESOLUTION ASYLUM AUTHORITY BEST PRACTICE CASE LAW CHILD SUPPORT CIVIL SERVANT CIVIL SERVICE CLAIM CLAIMANT CODES COMPARATIVE ANALYSIS COMPLAINT COMPLAINTS CONSTITUTIONAL LAW CONSTITUTIONALISM CONSTITUTIONS COURT COURT OF APPEAL COURT PROCEDURES COURT PROCEEDING COURT PROCEEDINGS COURT STRUCTURE COURT SYSTEM CRIMINAL DISABILITY DISCRETION DISPUTE RESOLUTION MECHANISMS DISPUTE RESOLUTION SYSTEMS ESTATE ESTATE AGENTS EUROPEAN UNION FAIR TRIAL FINANCIAL ADMINISTRATION FINANCIAL COMPENSATION FINANCIAL SERVICES GOOD GOVERNANCE GOVERNMENT DEPARTMENTS HARMONIZATION EFFORTS HUMAN RIGHTS INDEPENDENT COURT INDEPENDENT COURTS INITIATIVE INJUNCTION INSURANCE INTERESTED PARTIES INTERESTED PARTY INTERNATIONAL TREATIES INVESTIGATION JUDGE JUDGES JUDGMENTS JUDICIAL ACTION JUDICIAL APPEALS JUDICIAL AUTHORITIES JUDICIAL BODIES JUDICIAL BODY JUDICIAL CONTROL JUDICIAL DISPUTE RESOLUTION JUDICIAL DISPUTE RESOLUTION PROCEDURES JUDICIAL POWERS JUDICIAL PROCEEDINGS JUDICIAL REFORM JUDICIAL REVIEW JUDICIAL REVIEW PROCEEDINGS JUDICIAL REVIEWS JUDICIAL SERVICES JUDICIAL SYSTEM JUDICIARY JURISDICTION JURISDICTIONS JURISPRUDENCE JUSTICE JUSTICE SYSTEM LAW ENFORCEMENT LEGAL ACTION LEGAL ASSISTANCE LEGAL PROTECTION LEGALITY LEGISLATION LITIGATION MANDATE MEDIATION MENTAL HEALTH MINISTER MINISTERS NATIONAL BANK NEGOTIATIONS OFFICE HOLDERS OMBUDSMAN OMBUDSMEN PACIFICATION PENSIONS PROPERTY RIGHTS PUBLIC ADMINISTRATION PUBLIC LAW REGULATORY FRAMEWORKS REMEDIES REMEDY REORGANIZATION RIGHT OF APPEAL RIGHTS OF APPEAL RULE OF LAW RULES OF COURT RULES OF PROCEDURE SEPARATION OF POWERS SETTLEMENT SOCIAL INSURANCE SOCIAL INSURANCES SOCIAL SECURITY SOUND INVESTMENT SOUND INVESTMENT CLIMATE TAXATION TRANSPARENCY TRIAL TRIAL PROCEDURE WILL ACCOUNTABILITIES ACTIONS ACTS ADJUDICATION ADMINISTRATION OF JUSTICE ADMINISTRATIVE ACTION ADMINISTRATIVE ACTIONS ADMINISTRATIVE BODIES ADMINISTRATIVE BODY ADMINISTRATIVE COURT ADMINISTRATIVE COURTS ADMINISTRATIVE LAW ADMINISTRATIVE POWERS ADMINISTRATIVE PROCEDURE ADMINISTRATIVE PROCEDURES ALTERNATIVE DISPUTE RESOLUTION ASYLUM AUTHORITY BEST PRACTICE CASE LAW CHILD SUPPORT CIVIL SERVANT CIVIL SERVICE CLAIM CLAIMANT CODES COMPARATIVE ANALYSIS COMPLAINT COMPLAINTS CONSTITUTIONAL LAW CONSTITUTIONALISM CONSTITUTIONS COURT COURT OF APPEAL COURT PROCEDURES COURT PROCEEDING COURT PROCEEDINGS COURT STRUCTURE COURT SYSTEM CRIMINAL DISABILITY DISCRETION DISPUTE RESOLUTION MECHANISMS DISPUTE RESOLUTION SYSTEMS ESTATE ESTATE AGENTS EUROPEAN UNION FAIR TRIAL FINANCIAL ADMINISTRATION FINANCIAL COMPENSATION FINANCIAL SERVICES GOOD GOVERNANCE GOVERNMENT DEPARTMENTS HARMONIZATION EFFORTS HUMAN RIGHTS INDEPENDENT COURT INDEPENDENT COURTS INITIATIVE INJUNCTION INSURANCE INTERESTED PARTIES INTERESTED PARTY INTERNATIONAL TREATIES INVESTIGATION JUDGE JUDGES JUDGMENTS JUDICIAL ACTION JUDICIAL APPEALS JUDICIAL AUTHORITIES JUDICIAL BODIES JUDICIAL BODY JUDICIAL CONTROL JUDICIAL DISPUTE RESOLUTION JUDICIAL DISPUTE RESOLUTION PROCEDURES JUDICIAL POWERS JUDICIAL PROCEEDINGS JUDICIAL REFORM JUDICIAL REVIEW JUDICIAL REVIEW PROCEEDINGS JUDICIAL REVIEWS JUDICIAL SERVICES JUDICIAL SYSTEM JUDICIARY JURISDICTION JURISDICTIONS JURISPRUDENCE JUSTICE JUSTICE SYSTEM LAW ENFORCEMENT LEGAL ACTION LEGAL ASSISTANCE LEGAL PROTECTION LEGALITY LEGISLATION LITIGATION MANDATE MEDIATION MENTAL HEALTH MINISTER MINISTERS NATIONAL BANK NEGOTIATIONS OFFICE HOLDERS OMBUDSMAN OMBUDSMEN PACIFICATION PENSIONS PROPERTY RIGHTS PUBLIC ADMINISTRATION PUBLIC LAW REGULATORY FRAMEWORKS REMEDIES REMEDY REORGANIZATION RIGHT OF APPEAL RIGHTS OF APPEAL RULE OF LAW RULES OF COURT RULES OF PROCEDURE SEPARATION OF POWERS SETTLEMENT SOCIAL INSURANCE SOCIAL INSURANCES SOCIAL SECURITY SOUND INVESTMENT SOUND INVESTMENT CLIMATE TAXATION TRANSPARENCY TRIAL TRIAL PROCEDURE WILL |
spellingShingle |
ACCOUNTABILITIES ACTIONS ACTS ADJUDICATION ADMINISTRATION OF JUSTICE ADMINISTRATIVE ACTION ADMINISTRATIVE ACTIONS ADMINISTRATIVE BODIES ADMINISTRATIVE BODY ADMINISTRATIVE COURT ADMINISTRATIVE COURTS ADMINISTRATIVE LAW ADMINISTRATIVE POWERS ADMINISTRATIVE PROCEDURE ADMINISTRATIVE PROCEDURES ALTERNATIVE DISPUTE RESOLUTION ASYLUM AUTHORITY BEST PRACTICE CASE LAW CHILD SUPPORT CIVIL SERVANT CIVIL SERVICE CLAIM CLAIMANT CODES COMPARATIVE ANALYSIS COMPLAINT COMPLAINTS CONSTITUTIONAL LAW CONSTITUTIONALISM CONSTITUTIONS COURT COURT OF APPEAL COURT PROCEDURES COURT PROCEEDING COURT PROCEEDINGS COURT STRUCTURE COURT SYSTEM CRIMINAL DISABILITY DISCRETION DISPUTE RESOLUTION MECHANISMS DISPUTE RESOLUTION SYSTEMS ESTATE ESTATE AGENTS EUROPEAN UNION FAIR TRIAL FINANCIAL ADMINISTRATION FINANCIAL COMPENSATION FINANCIAL SERVICES GOOD GOVERNANCE GOVERNMENT DEPARTMENTS HARMONIZATION EFFORTS HUMAN RIGHTS INDEPENDENT COURT INDEPENDENT COURTS INITIATIVE INJUNCTION INSURANCE INTERESTED PARTIES INTERESTED PARTY INTERNATIONAL TREATIES INVESTIGATION JUDGE JUDGES JUDGMENTS JUDICIAL ACTION JUDICIAL APPEALS JUDICIAL AUTHORITIES JUDICIAL BODIES JUDICIAL BODY JUDICIAL CONTROL JUDICIAL DISPUTE RESOLUTION JUDICIAL DISPUTE RESOLUTION PROCEDURES JUDICIAL POWERS JUDICIAL PROCEEDINGS JUDICIAL REFORM JUDICIAL REVIEW JUDICIAL REVIEW PROCEEDINGS JUDICIAL REVIEWS JUDICIAL SERVICES JUDICIAL SYSTEM JUDICIARY JURISDICTION JURISDICTIONS JURISPRUDENCE JUSTICE JUSTICE SYSTEM LAW ENFORCEMENT LEGAL ACTION LEGAL ASSISTANCE LEGAL PROTECTION LEGALITY LEGISLATION LITIGATION MANDATE MEDIATION MENTAL HEALTH MINISTER MINISTERS NATIONAL BANK NEGOTIATIONS OFFICE HOLDERS OMBUDSMAN OMBUDSMEN PACIFICATION PENSIONS PROPERTY RIGHTS PUBLIC ADMINISTRATION PUBLIC LAW REGULATORY FRAMEWORKS REMEDIES REMEDY REORGANIZATION RIGHT OF APPEAL RIGHTS OF APPEAL RULE OF LAW RULES OF COURT RULES OF PROCEDURE SEPARATION OF POWERS SETTLEMENT SOCIAL INSURANCE SOCIAL INSURANCES SOCIAL SECURITY SOUND INVESTMENT SOUND INVESTMENT CLIMATE TAXATION TRANSPARENCY TRIAL TRIAL PROCEDURE WILL ACCOUNTABILITIES ACTIONS ACTS ADJUDICATION ADMINISTRATION OF JUSTICE ADMINISTRATIVE ACTION ADMINISTRATIVE ACTIONS ADMINISTRATIVE BODIES ADMINISTRATIVE BODY ADMINISTRATIVE COURT ADMINISTRATIVE COURTS ADMINISTRATIVE LAW ADMINISTRATIVE POWERS ADMINISTRATIVE PROCEDURE ADMINISTRATIVE PROCEDURES ALTERNATIVE DISPUTE RESOLUTION ASYLUM AUTHORITY BEST PRACTICE CASE LAW CHILD SUPPORT CIVIL SERVANT CIVIL SERVICE CLAIM CLAIMANT CODES COMPARATIVE ANALYSIS COMPLAINT COMPLAINTS CONSTITUTIONAL LAW CONSTITUTIONALISM CONSTITUTIONS COURT COURT OF APPEAL COURT PROCEDURES COURT PROCEEDING COURT PROCEEDINGS COURT STRUCTURE COURT SYSTEM CRIMINAL DISABILITY DISCRETION DISPUTE RESOLUTION MECHANISMS DISPUTE RESOLUTION SYSTEMS ESTATE ESTATE AGENTS EUROPEAN UNION FAIR TRIAL FINANCIAL ADMINISTRATION FINANCIAL COMPENSATION FINANCIAL SERVICES GOOD GOVERNANCE GOVERNMENT DEPARTMENTS HARMONIZATION EFFORTS HUMAN RIGHTS INDEPENDENT COURT INDEPENDENT COURTS INITIATIVE INJUNCTION INSURANCE INTERESTED PARTIES INTERESTED PARTY INTERNATIONAL TREATIES INVESTIGATION JUDGE JUDGES JUDGMENTS JUDICIAL ACTION JUDICIAL APPEALS JUDICIAL AUTHORITIES JUDICIAL BODIES JUDICIAL BODY JUDICIAL CONTROL JUDICIAL DISPUTE RESOLUTION JUDICIAL DISPUTE RESOLUTION PROCEDURES JUDICIAL POWERS JUDICIAL PROCEEDINGS JUDICIAL REFORM JUDICIAL REVIEW JUDICIAL REVIEW PROCEEDINGS JUDICIAL REVIEWS JUDICIAL SERVICES JUDICIAL SYSTEM JUDICIARY JURISDICTION JURISDICTIONS JURISPRUDENCE JUSTICE JUSTICE SYSTEM LAW ENFORCEMENT LEGAL ACTION LEGAL ASSISTANCE LEGAL PROTECTION LEGALITY LEGISLATION LITIGATION MANDATE MEDIATION MENTAL HEALTH MINISTER MINISTERS NATIONAL BANK NEGOTIATIONS OFFICE HOLDERS OMBUDSMAN OMBUDSMEN PACIFICATION PENSIONS PROPERTY RIGHTS PUBLIC ADMINISTRATION PUBLIC LAW REGULATORY FRAMEWORKS REMEDIES REMEDY REORGANIZATION RIGHT OF APPEAL RIGHTS OF APPEAL RULE OF LAW RULES OF COURT RULES OF PROCEDURE SEPARATION OF POWERS SETTLEMENT SOCIAL INSURANCE SOCIAL INSURANCES SOCIAL SECURITY SOUND INVESTMENT SOUND INVESTMENT CLIMATE TAXATION TRANSPARENCY TRIAL TRIAL PROCEDURE WILL World Bank Pre-trial Procedures in Administrative Justice Proceedings in England and Wales, France, Germany and the Netherlands : A Comparative Study with a View to the Possible Development of Pre Trial Procedures in Administrative Law in Turkey |
description |
Disputes between citizens or businesses
and the State about respective rights and duties are at the
core of administrative law. The ability for citizens and
businesses to hold Government accountable for acting within
the rule of law is a key element of good governance. It
provides legal certainty and guarantees predictable and
rule-based implementation of legal and regulatory frameworks
across different sectors. It also provides Government with
effective mechanisms to enforce these frameworks. An
effective administrative justice system is therefore a
crucial element to make sure all players follow the rules of
the game. As such, it is an important aspect of a sound
investment climate. The Turkish Ministry of Justice has
identified the absence of pre-trial procedures in the
administrative justice system as a major obstacle to the
efficient and effective delivery of judicial services to
citizens, businesses, and the state. There are widespread
complaints that administrative judges crumble after a heavy
workload and that certain types of cases may be more
effectively dealt with outside of the courts. This will make
dispute resolution for citizens, businesses, and the state
more effective and will alleviate the workload of the
administrative courts. Current dysfunctions also affect
Turkey's ability to live up to its commitments under
the European convention for human rights. Its article six
grants those seeking justice the right to a fair trial
within reasonable time. Citizens and businesses bring
complaints to the European court of human rights which has
the power to condemn signatory states for non-compliance.
This has financial implications as a country found in
violation of this convention has to pay compensation. Beyond
the financial implications, though, it negatively affects
the image of the Turkish justice system abroad and
particularly in Europe, which casts a cloud over European
Union accession negotiations. |
topic_facet |
ACCOUNTABILITIES ACTIONS ACTS ADJUDICATION ADMINISTRATION OF JUSTICE ADMINISTRATIVE ACTION ADMINISTRATIVE ACTIONS ADMINISTRATIVE BODIES ADMINISTRATIVE BODY ADMINISTRATIVE COURT ADMINISTRATIVE COURTS ADMINISTRATIVE LAW ADMINISTRATIVE POWERS ADMINISTRATIVE PROCEDURE ADMINISTRATIVE PROCEDURES ALTERNATIVE DISPUTE RESOLUTION ASYLUM AUTHORITY BEST PRACTICE CASE LAW CHILD SUPPORT CIVIL SERVANT CIVIL SERVICE CLAIM CLAIMANT CODES COMPARATIVE ANALYSIS COMPLAINT COMPLAINTS CONSTITUTIONAL LAW CONSTITUTIONALISM CONSTITUTIONS COURT COURT OF APPEAL COURT PROCEDURES COURT PROCEEDING COURT PROCEEDINGS COURT STRUCTURE COURT SYSTEM CRIMINAL DISABILITY DISCRETION DISPUTE RESOLUTION MECHANISMS DISPUTE RESOLUTION SYSTEMS ESTATE ESTATE AGENTS EUROPEAN UNION FAIR TRIAL FINANCIAL ADMINISTRATION FINANCIAL COMPENSATION FINANCIAL SERVICES GOOD GOVERNANCE GOVERNMENT DEPARTMENTS HARMONIZATION EFFORTS HUMAN RIGHTS INDEPENDENT COURT INDEPENDENT COURTS INITIATIVE INJUNCTION INSURANCE INTERESTED PARTIES INTERESTED PARTY INTERNATIONAL TREATIES INVESTIGATION JUDGE JUDGES JUDGMENTS JUDICIAL ACTION JUDICIAL APPEALS JUDICIAL AUTHORITIES JUDICIAL BODIES JUDICIAL BODY JUDICIAL CONTROL JUDICIAL DISPUTE RESOLUTION JUDICIAL DISPUTE RESOLUTION PROCEDURES JUDICIAL POWERS JUDICIAL PROCEEDINGS JUDICIAL REFORM JUDICIAL REVIEW JUDICIAL REVIEW PROCEEDINGS JUDICIAL REVIEWS JUDICIAL SERVICES JUDICIAL SYSTEM JUDICIARY JURISDICTION JURISDICTIONS JURISPRUDENCE JUSTICE JUSTICE SYSTEM LAW ENFORCEMENT LEGAL ACTION LEGAL ASSISTANCE LEGAL PROTECTION LEGALITY LEGISLATION LITIGATION MANDATE MEDIATION MENTAL HEALTH MINISTER MINISTERS NATIONAL BANK NEGOTIATIONS OFFICE HOLDERS OMBUDSMAN OMBUDSMEN PACIFICATION PENSIONS PROPERTY RIGHTS PUBLIC ADMINISTRATION PUBLIC LAW REGULATORY FRAMEWORKS REMEDIES REMEDY REORGANIZATION RIGHT OF APPEAL RIGHTS OF APPEAL RULE OF LAW RULES OF COURT RULES OF PROCEDURE SEPARATION OF POWERS SETTLEMENT SOCIAL INSURANCE SOCIAL INSURANCES SOCIAL SECURITY SOUND INVESTMENT SOUND INVESTMENT CLIMATE TAXATION TRANSPARENCY TRIAL TRIAL PROCEDURE WILL |
author |
World Bank |
author_facet |
World Bank |
author_sort |
World Bank |
title |
Pre-trial Procedures in Administrative Justice Proceedings in England and Wales, France, Germany and the Netherlands : A Comparative Study with a View to the Possible Development of Pre Trial Procedures in Administrative Law in Turkey |
title_short |
Pre-trial Procedures in Administrative Justice Proceedings in England and Wales, France, Germany and the Netherlands : A Comparative Study with a View to the Possible Development of Pre Trial Procedures in Administrative Law in Turkey |
title_full |
Pre-trial Procedures in Administrative Justice Proceedings in England and Wales, France, Germany and the Netherlands : A Comparative Study with a View to the Possible Development of Pre Trial Procedures in Administrative Law in Turkey |
title_fullStr |
Pre-trial Procedures in Administrative Justice Proceedings in England and Wales, France, Germany and the Netherlands : A Comparative Study with a View to the Possible Development of Pre Trial Procedures in Administrative Law in Turkey |
title_full_unstemmed |
Pre-trial Procedures in Administrative Justice Proceedings in England and Wales, France, Germany and the Netherlands : A Comparative Study with a View to the Possible Development of Pre Trial Procedures in Administrative Law in Turkey |
title_sort |
pre-trial procedures in administrative justice proceedings in england and wales, france, germany and the netherlands : a comparative study with a view to the possible development of pre trial procedures in administrative law in turkey |
publisher |
World Bank |
publishDate |
2010-07-19 |
url |
http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000333037_20110623233437 https://hdl.handle.net/10986/2992 |
work_keys_str_mv |
AT worldbank pretrialproceduresinadministrativejusticeproceedingsinenglandandwalesfrancegermanyandthenetherlandsacomparativestudywithaviewtothepossibledevelopmentofpretrialproceduresinadministrativelawinturkey |
_version_ |
1807160188589834240 |
spelling |
dig-okr-1098629922024-08-08T15:39:29Z Pre-trial Procedures in Administrative Justice Proceedings in England and Wales, France, Germany and the Netherlands : A Comparative Study with a View to the Possible Development of Pre Trial Procedures in Administrative Law in Turkey World Bank ACCOUNTABILITIES ACTIONS ACTS ADJUDICATION ADMINISTRATION OF JUSTICE ADMINISTRATIVE ACTION ADMINISTRATIVE ACTIONS ADMINISTRATIVE BODIES ADMINISTRATIVE BODY ADMINISTRATIVE COURT ADMINISTRATIVE COURTS ADMINISTRATIVE LAW ADMINISTRATIVE POWERS ADMINISTRATIVE PROCEDURE ADMINISTRATIVE PROCEDURES ALTERNATIVE DISPUTE RESOLUTION ASYLUM AUTHORITY BEST PRACTICE CASE LAW CHILD SUPPORT CIVIL SERVANT CIVIL SERVICE CLAIM CLAIMANT CODES COMPARATIVE ANALYSIS COMPLAINT COMPLAINTS CONSTITUTIONAL LAW CONSTITUTIONALISM CONSTITUTIONS COURT COURT OF APPEAL COURT PROCEDURES COURT PROCEEDING COURT PROCEEDINGS COURT STRUCTURE COURT SYSTEM CRIMINAL DISABILITY DISCRETION DISPUTE RESOLUTION MECHANISMS DISPUTE RESOLUTION SYSTEMS ESTATE ESTATE AGENTS EUROPEAN UNION FAIR TRIAL FINANCIAL ADMINISTRATION FINANCIAL COMPENSATION FINANCIAL SERVICES GOOD GOVERNANCE GOVERNMENT DEPARTMENTS HARMONIZATION EFFORTS HUMAN RIGHTS INDEPENDENT COURT INDEPENDENT COURTS INITIATIVE INJUNCTION INSURANCE INTERESTED PARTIES INTERESTED PARTY INTERNATIONAL TREATIES INVESTIGATION JUDGE JUDGES JUDGMENTS JUDICIAL ACTION JUDICIAL APPEALS JUDICIAL AUTHORITIES JUDICIAL BODIES JUDICIAL BODY JUDICIAL CONTROL JUDICIAL DISPUTE RESOLUTION JUDICIAL DISPUTE RESOLUTION PROCEDURES JUDICIAL POWERS JUDICIAL PROCEEDINGS JUDICIAL REFORM JUDICIAL REVIEW JUDICIAL REVIEW PROCEEDINGS JUDICIAL REVIEWS JUDICIAL SERVICES JUDICIAL SYSTEM JUDICIARY JURISDICTION JURISDICTIONS JURISPRUDENCE JUSTICE JUSTICE SYSTEM LAW ENFORCEMENT LEGAL ACTION LEGAL ASSISTANCE LEGAL PROTECTION LEGALITY LEGISLATION LITIGATION MANDATE MEDIATION MENTAL HEALTH MINISTER MINISTERS NATIONAL BANK NEGOTIATIONS OFFICE HOLDERS OMBUDSMAN OMBUDSMEN PACIFICATION PENSIONS PROPERTY RIGHTS PUBLIC ADMINISTRATION PUBLIC LAW REGULATORY FRAMEWORKS REMEDIES REMEDY REORGANIZATION RIGHT OF APPEAL RIGHTS OF APPEAL RULE OF LAW RULES OF COURT RULES OF PROCEDURE SEPARATION OF POWERS SETTLEMENT SOCIAL INSURANCE SOCIAL INSURANCES SOCIAL SECURITY SOUND INVESTMENT SOUND INVESTMENT CLIMATE TAXATION TRANSPARENCY TRIAL TRIAL PROCEDURE WILL Disputes between citizens or businesses and the State about respective rights and duties are at the core of administrative law. The ability for citizens and businesses to hold Government accountable for acting within the rule of law is a key element of good governance. It provides legal certainty and guarantees predictable and rule-based implementation of legal and regulatory frameworks across different sectors. It also provides Government with effective mechanisms to enforce these frameworks. An effective administrative justice system is therefore a crucial element to make sure all players follow the rules of the game. As such, it is an important aspect of a sound investment climate. The Turkish Ministry of Justice has identified the absence of pre-trial procedures in the administrative justice system as a major obstacle to the efficient and effective delivery of judicial services to citizens, businesses, and the state. There are widespread complaints that administrative judges crumble after a heavy workload and that certain types of cases may be more effectively dealt with outside of the courts. This will make dispute resolution for citizens, businesses, and the state more effective and will alleviate the workload of the administrative courts. Current dysfunctions also affect Turkey's ability to live up to its commitments under the European convention for human rights. Its article six grants those seeking justice the right to a fair trial within reasonable time. Citizens and businesses bring complaints to the European court of human rights which has the power to condemn signatory states for non-compliance. This has financial implications as a country found in violation of this convention has to pay compensation. Beyond the financial implications, though, it negatively affects the image of the Turkish justice system abroad and particularly in Europe, which casts a cloud over European Union accession negotiations. 2012-03-19T10:26:37Z 2012-03-19T10:26:37Z 2010-07-19 http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000333037_20110623233437 https://hdl.handle.net/10986/2992 English CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank application/pdf text/plain World Bank |