ESTABLISHED SITUATION IN THE LIGHT OF COURT DECISIONS

Abstract

The principles of the rule of law and the legality of administration requirethat the conduct of administration is lawful. If the administration violates thelaw in its disposals, these disposals are made lawful by judicial intervention. If the administration finds itself in violation of the law after theestablishment of the conduct, it may eliminate the violation of the law by meansof revocation and removal. The revocation means a full return to the firstmoment when the conduct was first established. In other words, revocationremoves all situations from the legal world, which have occured between therevocation and the time slot during which the actual conduct was established.The effect of the removal process is for the future. In some cases, however, theremay be individuals who are unaware that the conduct is illegal, and do rely onthe lawfulness of the conduct.Individuals who play no role in the establishment of an illegal conductshould be protected from the negative consequences of the conduct beingrevoked. One of the safeguards that ensures that the negative consequences ofrevocation and removal can be eliminated in accordance with the principle oflegal stability is the established situation.

Özet

Hukuk devleti ve idarenin kanuniliği ilkeleri idarenin işlemlerinin hukuka

Keywords: Müesses Durum, Kazanılmış Hak, Hukuk Devleti, Geri Alma, İyiniyet