İDARİ MAKAMLAR ÖNÜNDE TEMSİL

Abstract

Representation, which is one of the most important principles of the administrative procedure, can be defined as the representation of persons affected by the administrative procedure before the administration through a representative. The right to be represented before the administrative authorities, as well as the disciplinary sanctions in which the right of defense is important, ensure the participation of relevant parties in the administrative procedure that affects his/her legal situation. In this respect, the representation serves many administrative procedural principles, especially the right to be heard, and ensures the active participation of individuals in the administrative procedure. The representation before the administrative authorities, which finds a legal basis within the scope of the administrative procedure laws accepted in most of the modern states under the rule of law, has no legal basis in Turkish law, except for representation by a lawyer. In judicial decisions, the issue is mostly evaluated within the scope of the right of defense. Considering the international regulations on the subject, it should be accepted that if an individual or regulatory administrative act that may directly and negatively affect the rights or interests of the individual is not benefited from the assistance of a representative during the administrative procedure, the administrative act will become unlawful.