Law

Extrajudicial Resolution of Administrative Disputes and the Ombudsperson(HUK454)

Content
Course Code Course Name Semester Theory Practice Lab Credit ECTS
HUK454 Extrajudicial Resolution of Administrative Disputes and the Ombudsperson 8 2 0 0 2 2
Prerequisites
Admission Requirements
Language of Instruction Turkish
Course Type Elective
Course Level Bachelor Degree
Course Instructor(s) Cihan YÜZBAŞIOĞLU cihanyuzbasioglu@gmail.com (Email) Sıla ÖZTÜRKLER sozturkler@gsu.edu.tr (Email)
Assistant
Objective - Researching the reflections of non-judicial dispute resolution methods in administrative law
- Ensuring the functionality of the ombudsman institution, which is a new authority in our law.
- Comparison of procedures followed by independent administrative authorities with judicial law procedures
Content - Introducing Alternative Dispute Resolution Methods
- Examining whether it is possible to apply alternative dispute resolution methods in administrative law
- Examination of alternative dispute resolution methods in comparative law
- Introducing the Ombudsman institution
- Review of inspections carried out by independent administrative authorities
Course Learning Outcomes - Having the knowledge level in order to benefit from the Ombudsman institution
- Increasing the tendency to use alternative dispute resolution methods
- Recognition of independent administrative authorities in the context of public economic law
Teaching and Learning Methods - Lecture
- Presentation
- Case law review
References - Akıncı M, Bağımsız İdari Otoriteler ve Ombudsman, (Beta 1999).
- Cidecigiller A, İdarenin Taraf Olduğu Uyuşmazlıkların Sulh Yoluyla Çözümlenmesi (Adalet 2015).
- Günday M, ‘İdari Yargının Görev Alanının Anayasal Dayanakları’ (1997) 14, Anayasa Yargısı Dergisi ss. 347-358.
- Balthasar A, ‘Alternative Dispute Resolution in Administrative Law: A Major Step Forward to Enhance Citizens’ Satisfaction or Rather a Trojan Horse for the Rule of Law’ (2018) 1 Elite Law Journal ss. 9-18.
- Bousta R and Sagar A, ‘Alternative Dispute Resolution in French Administrative Proceedings’ in Dacian C. Dragos and Bogdana Neamtu (eds), Alternative Dispute Resolution in European Administrative Law (Springer Verlag 2014).
- Kağıtçıoğlu M, ‘Kamu Denetçiliği Kurumunu (Türk Ombudsmanını) Yeniden Tasarlamak’ (2018) 14 Anayasa Hukuku Dergisi ss. 457-512.
- Öztürk K.B, Hak Arama Özgürlüğü Çerçevesinde Zorunlu İdari İtiraz (Yetkin 2015).
- Saygın E, ‘Improving Human Rights through Non-judicial National Institutions: The Effectiveness of the Ombudsman Institution in Turkey’ (2009) 3 European Public Law Review ss. 403-428.
- Tutal E, Dünyada ve Türkiye’de Ombudsmanlık (Adalet 2014).
Print the course contents
Weekly Contents
Theory Topics
Week Weekly Contents
1 Presentation of alternative dispute resolution methods
2 Characteristics of Turkish administrative procedure
3 Applicability of alternative dispute resolution methods in administrative disputes
4 Administrative appeals
5 Administrative appeals
6 Ombudsperson
7 Midterm exam
8 Ombudsperson
9 Ombudsperson
10 Independent administrative authorities
11 Regulatory authority of independent administrative authorities
12 Audit authority of independent administrative authorities
13 Sanction authority of independent administrative authorities
14 General Evaluation
Practice Topics
Week Weekly Contents
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Assessment System
Contribution to Overall Grade
  Number Contribution
Contribution of in-term studies to overall grade 1 40
Contribution of final exam to overall grade 1 60
Toplam 2 100
In-Term Studies
  Number Contribution
Assignments 1 10
Presentation 0 0
Midterm Examinations (including preparation) 1 30
Project 0 0
Laboratory 0 0
Other Applications 0 0
Quiz 0 0
Term Paper/ Project 0 0
Portfolio Study 0 0
Reports 0 0
Learning Diary 0 0
Thesis/ Project 0 0
Seminar 0 0
Other 0 0
Toplam 2 40
Relation of Proficiency
No Program Learning Outcomes Contribution
1 2 3 4 5
1 Recognizing fundamental legal concepts, defining, interpreting and using them. X
2 Recognizing fundamental disciplines of law and their content, including legislation, case-law and the doctrine in the relevant discipline. X
3 Recognizing positive norms in the legislation and being able to define and explain the principals of methodology. X
4 Being able to determine, identify and restate legal problems. X
5 Being able to use legal interpretation principals in an efficient manner in order to analyse and resolve a legal problem and in order to develop a strategy. X
6 Being able to conduct academic researches on legal problems and to propose solutions. X
7 Assuming responsibility individually or collectively for resolving complicated legal problems. X
8 Being able to criticise positive norms of the law system. X
9 Being able to explain technical legal knowledge in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner. X
10 Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals. X
11 Being able to conduct comparative academic researches between different law systems. X
12 Respecting human rights and universal principals and notions of law. X
13 Respecting the ethical standarts, good faith, fairness and equity principals. X
14 Being sensitive to social problems, democracy, laicism and rule of law principal. X
ECTS
Activities Number Period Total Workload
Class Hours 14 2 28
Working Hours out of Class 14 3 42
Assignments 1 40 40
Final Examinations (including preparation) 1 60 60
Total Workload 170
Total Workload / 25 6,80
Credits ECTS 7
© Copyright 2016 - IT Office
Scroll to Top