Reformative perspective on the principle of legitimate expectation in Turkish administrative law

Cindik, Taner

Abstract

This PhD thesis aims to reform the principle of legitimate expectation in Turkish Administrative Law by considering European Union Law, decisions of the European Court of Human Rights (ECtHR), and utilizing Hohfeld analysis. The narrow interpretation and labelling of the principle of legitimate expectation in Turkish law have resulted in legal problems in practice. In order to tackle these issues, the thesis posits that the expansive interpretation of the principle of legitimate expectation within the framework of European Union law, as exemplified by the jurisprudence of the European Union courts, specifically the Court of Justice of the European Union (CJEU) and the General Court (formerly known as the Court of First Instance, CFI), provides viable legal avenues for redress.
The principle of legitimate expectation in European Union law is grounded in the rule of law, legal certainty, equality/non-discrimination, and good administration. It is a general principle of law and holds a prominent position in the hierarchy of EU norms, along with the Founding Treaties and the Charter of Fundamental Rights; hence it is considered ex officio by the Courts.
The decisions of the Court of Justice of the European Union (CJEU) have most likely influenced the decisions of the ECtHR, and the concept of legitimate expectation has gradually been established in the case law of the ECtHR. Notably, the ECtHR refers to the protection of legitimate expectations through only a few articles of the European Convention on Human Rights. Furthermore, Turkish Courts are perceived to tend to follow the approach adopted by the ECtHR in the context of legitimate expectations.
The thesis identifies a conceptual framework problem in Turkish law concerning legitimate expectations, established situations, and vested rights. The distinctions between these similar and often confused concepts need further clarification. Hohfeld analysis can be applied to concretely clarify these distinctions, as the abstract content of the concepts can be clarified through Hohfeld's analysis.
The principle of legitimate expectation in Turkish Administrative Law and in ECtHR judgments is interpreted narrowly compared to the principle of legitimate expectation in European Union law. Therefore, the thesis proposes a framework for the principle of legitimate expectation in Turkish Administrative Law, drawing on decisions of the European Union Courts. This framework categorizes the principle of legitimate expectation into procedural protection; and substantive protection, that is, lawful decisions (vested rights), unlawful decisions (established situations), established practices, departure from existing policy, lawful representation, unlawful representation, and expectations arising from legal norms.

Citation

Cindik, T. (2023). Reformative perspective on the principle of legitimate expectation in Turkish administrative law. (Thesis). Keele University

• Thesis Type: Thesis
• Deposit Date: Oct 12, 2023
• Additional Information: Embargo on access until 10 August 2028 - The thesis is due for publication, or the author is actively seeking to publish this material.
• Award Date: 2023-08