Extrajudicial Resolution of Administrative Disputes and the Ombudsperson(HUK454)
| 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). |
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 |
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 |
| 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 | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 14 | 3 | 42 |
| Assignments | 1 | 40 | 40 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 0 | 0 | 0 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 60 | 60 |
| Quiz | 0 | 0 | 0 |
| Term Paper/ Project | 0 | 0 | 0 |
| Portfolio Study | 0 | 0 | 0 |
| Reports | 0 | 0 | 0 |
| Learning Diary | 0 | 0 | 0 |
| Thesis/ Project | 0 | 0 | 0 |
| Seminar | 0 | 0 | 0 |
| Other | 0 | 0 | 0 |
| Make-up | 0 | 0 | 0 |
| Total Workload | 170 | ||
| Total Workload / 25 | 6,80 | ||
| Credits ECTS | 7 | ||