AİHS Çerçevesinde İdari Yargıda Gerekçeli Karar Hakkı

Abstract

Article 6 of the European Convention of Human Rights, it is arranged “right to a fair trial” which coordinates judicial policy of member states of European Convention on Human Rights as a need of being state of law. States that believe superiority of law, have included the right to a fair trial in their judicial procedures settle. Article 6 takes a part in contracts and declarations. It is a right for judges and obligations for judicial. Most of the applications to European Court of Human Rights are about article 6. Right to a fair trial includes many rights explicitly or implicitly. Reasoned judgement means a complete and timely explanation for litigants for a will to knowledge. All the allegations and resolutions that comes to judge’s mind through trial result is reason. In the 1982 Consttitution, article 141, it’s stipulated as “... every judgements of courts must be reosoned”. Administrative Jurisdiction Council of State Act No: 2575, article 51, Producure of Administrative Justice Act No: 2577, article 24, one of the elements of the decisions is arranged as “reasons which decisions endures and justification.” In reasoned judgement is arranged in right to a fair trial which is regulated judicial principles of the criminal courts and civil courts. The importance of right to a reasoned judgment in administrative jurisdiction is different from civil or criminal jurisdiction. At the trial, apart from it’s benefits for complainant and doctrine, reasoned decision is explanatory for administration which will eliminate the illegality. It is a violation of the right to a reasoned decision and is against the European Convention of Human Rights, when the decision given at the end of a trial is not reasoned or the given reasons are insufficient and unlawful, or the claims of the parties are not included in the justification. In administrative jurisdiction, right to a reasoned judgement violations are observed by Council of State and Constitutional Court correspondingly to European Court of Human Rights