法治和国际法框架内公共行政方面的法律改革:土耳其的案例

Ahmet Efe, S. Yazici
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引用次数: 1

摘要

法治是保障国家存在的重要概念之一。这一概念变得更加重要,特别是在与公众直接相关的国家机制中,如公共行政。虽然法治理念对各国具有重要的本体论意义,但正确确定公共行政法治的构成要素和内外部因素是至关重要的。此外,公共行政改革与司法改革的关系、法治的效果、如何在公共行政改革中增加和更好地整合法治维度等问题也可能会不断出现。在本研究中,超国家机构,如联合国和欧盟,这是外部因素,对建立法治的公共行政通过土耳其的例子来检查的影响。该研究称,联合国和欧盟等超国家机构在制定法律方面发挥着至关重要的作用。21世纪初,当加入欧盟的进程开始特别有效时,联合国和欧盟机构都对土耳其的报告进行了讨论。对问题、问题之间的关系以及土耳其所进行的改革进行了审查,并讨论了土耳其在确保法治方面所进行的改革是否适当。尽管恐怖主义事件和政变企图等事件严重扰乱了土耳其的实践,但结论是,公共行政和法律改革对法治作出了重大贡献。
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LAW REFORM IN PUBLIC ADMINISTRATION WITHIN THE FRAMEWORK OF THE RULE OF LAW AND INTERNATIONAL LAW: THE CASE OF TURKEY
The rule of Law is one of the critical concepts that guarantee the existence of a state. This concept becomes even more critical, especially in the mechanisms of the state that are directly related to the public, such as public administrations. Although the idea of the rule of Law is ontologically vital for the countries, it is essential to correctly determine the elements that constitute the Rule of Law in public administration and the internal and external factors. In addition, the relationship between public administration reforms and justice reforms, the effects of the Rule of Law, or how to increase and better integrate the rule of law dimensions in public administration reforms may constantly come up. In this research, the effect of supranational institutions such as the United Nations and the European Union, which are external factors, on establishing the Rule of Law in public administrations is examined through the example of Turkey. The study claims that supranational institutions such as the UN and the EU have essential effects on establishing law. After the beginning of the 2000s, when the EU membership process started to be especially effective, reports on Turkey produced by both the UN and EU institutions were discussed. Problems, the relations between them, and the reforms made in Turkey are examined, and the adequacy of the reforms made in Turkey in ensuring the Rule of Law is discussed. Even though events such as terrorist incidents and coup attempts have caused severe disruptions in practices in Turkey, it has been concluded that the public administration and legal reforms made significant contributions to the Rule of Law.
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