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 elemen...
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| Format: | Legal and Judicial Sector Assessment |
| Language: | English |
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World Bank
2012
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| Online Access: | 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 http://hdl.handle.net/10986/2992 |
| Summary: | 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. |
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