1. JOURNAL OF ASKERİ YÜKSEK İDARE MAHKEMESİ:
The Journal aiming to expose the decisions made by the Court to the knowledge of public had first been issued in 1981 as Episode: 1 Number: 1; Episode: 2 Number: 2,3,4,5 (Whole Book) in 1983 and Episode: 2 in 1985 had followed this. Since these three issues without bibliographies made under tough circumstances and with insufficient sources, the Journal had not been issued for a very long period of time.
Finally it has been decided to issue the Journal regularly and in a more serious way, and the issue number 7 (with the assumption of Episode: 2 as number: 6) has been published within two books.
Within Issue number 7 placed seriously chosen 351 Court decisions and 4 scientific studies.
Scientific studies take place in this issue are:
1. Another Dimension of Independence In Judiciary, Prof. Dr. Sait GÜRAN, p.3-5, (Turkish)
2. Subject Matter Jurisdiction of Askeri Yüksek İdare Mahkemesi, Brig. Gen. Taner CANDEMİR, s. 7-36,(Turkish)
3. Judicial Review of Military Transactions in USA, Brig. Gen.İrfan ERDİNÇ, Col Hayri ÖZTAN, Col. Osman ŞİMŞEK, p. 37-42,(Turkish)
4.Interpretation, Creation of Law, Fulfilling of Silence of Law and Exercise of Askeri Yüksek İdare Mahkemesi on These Matters, Maj. Serdar ÖZGÜLDÜR, p.43-78(Turkish)
There has been placed seriously chosen 202 decisions ad 6 scientific studies within the Issue number: 8, which had been issued in 1994.
Scientific studies take place in Issue number 8 are;
1. Is a Divorce Decision Made by an Administrative Court Void? Or Imperative Obedience to Judicial Decisions, Brig. Gen. Taner CANDEMİR, p.3-21,(Turkish)
2. The Problem of Subject Matter Jurisdiction of Askeri Yüksek İdare Mahkemesi, Col. Sezai AYDINALP, p.23-27.(Turkish)
3. Responsibility Caused By Administrative Acts, Maj. Serdar ÖZGÜLDÜR, p.39-51,(Turkish)
4. Legislation Power and Regulative Actions of Administration and the Place of These Actions in the Hierarchy of Norms, Maj. Malik GÖKTEPE, p. 53-94,(Turkish)
5. Base Investigation of Cases of Nullity, Maj. Orhan NALCIOĞLU, p.95-114,(Turkish)
6. 1982 Constitution and Decrees Equivalent to Laws, Lt. Col. Kamil SEVİMLİ, p.115-128,(Turkish)
There has taken place seriously chosen 269 decisions and 4 scientific studies within the issue number 9 which had been published in 1995.(Turkish)
Scientific Studies take place in issue number 9 are;
1. Legislation-Judiciary relations, Brig. Gen. Taner CANDEMİR, p.1-4;(Turkish)
2. Results of Cases of Nullity in Turkish Administrative Law, Maj. Orhan ÇELEN; p. 5-34;(Turkish)
3. Usage of USA Armed Forces For Inner Security Operations, Maj. Feyiz ERDOĞAN, p. 35-46,(Turkish)
4. Dismissal of Senior Sergeants Who are Subjects of Act Number 2260; and Judicial Review of Decisions Made by Askeri Yüksek İdare Mahkemesi Over This, Maj. Ayhan AKARSU, p. 47-56,(Turkish)
There has been placed seriously chosen 279 decisions and 7 scientific studies within the issue number 10 which had been published in 1996. 9 pieces of these decisions are about standardization of decisions, and 2 pieces of these decisions are about no need to standardize decisions.
Scientific studies take place in issue number 10 are;
1.Trials Made By Supreme Constitutional Court, When She Behaves as The High Tribunal, Brig. Gen. Taner CANDEMİR, p.1-14,(Turkish)
2.Judicial Amendments on the way to Become a State Of Law, Maj. Serdar ÖZGÜLDÜR, p.15-24,(Turkish)
3. British administrative Court ant Ultra Vires Doctrine, Maj. Orhan NALCIOĞLU, Lieutenant. Kamil SEVİMLİ, p. 25-40,(Turkish)
4. Equity and Cash Value Tables Used in Compensation Accounts (1 > 5), Maj. A. Zeki ÜÇOK, p.41-45,(Turkish)
5. Supreme Constitutional Court and Constitutional Judiciary in Hungary, Capt. Ayhan AKARSU, p.47-61,(Turkish)
6.Fundamental Rights and Freedoms According to 1982 Constitution, Lieutenant. M. Yasin ASLAN, p. 63-68,
7. A General Overlook About Historical Evolvement of NCOs From Legislative Regulations Point of View, Lieutenant. Murat YAMAN, p. 878-100.(Turkish)
There has been placed seriously chosen 246 decisions and 5 scientific studies within the issue number 11 which had been published in 1997. 2 of the decisions are about standardization of decisions.
Scientific Studies take place in issue 11 are;
1. Elements of Calculation on Compensation Trials and Methods of Calculation in Administrative Law: Exercise of Askeri Yüksek İdare Mahkemesi, Maj. Serdar ÖZGÜLDÜR, p.72-73.(Turkish)
2. Ending of Administrative Contracts, Capt. Ayhan AKARSU, p. 75-103,(Turkish)
3. Dual Parliament and Place of It in Turkish Parliamentary History, Lieutenant. Hulusi GÖL, p.105-134,(Turkish)
4. Conformity Problem of Turkish Constitutional Order with the Law of European Law From Fundamental Rights and Freedoms Point of View, Lieutenant. Cengiz TÜKOL, p. 135-170,(Turkish)
5. Role of Administrative Judiciary in Protecting Environmental Rights, Lieutenant. Yunus YILMAZ, p. 171-179(Turkish)
There has been placed seriously chosen 359 decisions within the issue number 12 which had been collected in the 25th Anniversary Gift, which had been published, in the same year. Among these decisions 2 are about standardization of decisions and 1 is about no need to standardize decisions.
There has been placed seriously chosen 261 decisions and 3 scientific studies within the issue number 13 which had been published in 1999.
Scientific Studies that take place in issue number 13 are;
1. Constitutional and Other Principles Affecting Administration, Col. Dr. Erol ALPAR, p. 3-48,(Turkish)
2. Rights of Answer and Correction With the Constitutional and Legislative Regulations, Maj. Veysi SAVAŞ, p. 49-72,(Turkish)
3. French Council of Constitution, Capt. Mehmet AKBULUT, p. 73-78,(Turkish)
There has been placed 296 chosen decisions and 6 scientific studies within the issue number 14 which had been published in 2000.
Scientific Studies that take place in issue number 14 are;
1.Administrative Law and Its Properties, Col. Dr. Erol ALPAR, p. 3-58,(Turkish)
2. Evaluations About Methods of Damage Calculations and How To Exercise, Maj. Serdar ÖZGÜLDÜR, p.59-80,(Turkish)
3. A Glance Towards Law of Turkish Military Discipline, Ass. Prof. Dr. Ramazan YILDIRIM, p. 127-136,(Turkish)
4. Does the Old Legislation Acquire Effectiveness When The Nullify of a General Regulation Have Been Proved?, Ass. Prof. Dr. Ramazan YILDIRIM, p.127-136,(Turkish)
5. Constitutional Situation and Military Law of Armed Forces in England, Dr. İbrahim KAYA, p. 137-142,(Turkish)
6. Propriety Rights From Public Law Point of View, Lieutenant. Yavuz ERDOĞAN, p. 143-164,(Turkish)
There has been placed seriously chosen 306 decisions and 4 scientific studies within the issue number 15 which had been published in 2001Scientific Studies that take place in issue number 15 are;
1. Matter and Exercise of Acquired Rights in Administrative Law, Brig. Gen. Erol ALPAR, p. 3-56,(Turkish)
2. Cease of Conduct, Capt. Mahir IŞIKAY, p.57-64,(Turkish)
3. A Survey About Transmittal of Recruits and Rejection of their Demands Towards Cancellation of Transmittals, From Administrative Judiciary Point of View, Lieutenant. Hüseyin ÇEKEN, p.1-7,(Turkish)
4. Administrative Guardianship on the Verge of Nation-State, Lieutenant. Esat Mahmut YILMAZ, p.73-102,(Turkish)
209 chosen judgments and 2 scientific studies took part in 16th Issue published in2001.
The scientific studies taking part in 16th issue are these;
1. Administrative transaction and Administrative Action, Sen. First Lieutenant, Hüseyin ÇEKEN, p.3-6.
2. The Study about The Cease of Conduct Judgments in Turkish Constitutional Judgment. Sen. First Lieutenant Tamer ISIR, p.7-93
In 17th Issue, as two volumes being published in 2002, 359 chosen judgments and 9 scientific studies took part. One of these decisions is about standardization of decisions.
The scientific studies taking part in 17th issue are these;
1. The Joint Defense Foundations Established in respect of International Agreements and The Employees, Lieutenant Cal. Dr. Zeki ÜÇOK, p.3-11.
2. The Law Revolution in Atatürk Term. Mağ. Şafak YÜKSEL, p.12-57.
3. The Terms in Administrative trial Law of Procedure, Sen.Capt. A.Kadir KARAKAŞ, p.58-86
4. The Condition of Subjective Ability in Administrative Law, Capt.Hakan ATA, p.87-118.
5. A study upon the Institution of Ombudsman and the Appropriateness Problem in Turkey, First Lieutenant Tamer ISIR, p.119-164.
6. The Responsibility of State made by the Officers and the Other Official Employees, First Lieutenant Hakan GÜNDÜZ, p.165-205.
7. The substitution of Power and the Principles of Proportionality In European Union, Sen.First Lieutenant Esat Mahmut YILMAZ, Sen.First Lieutenant Gökhan YILMAZ p.206-227.
8. Evidences in Administrative Trial, First Lieutenant Bora KAYA, p.228-260.
9. The Legal Responsibility of State of the Damages Caused by Shootings and Monoveures. First Lieutenant Bora KAYA, Lieutenant Mehmet TEZCAN, p.261-299
In 18th Issue, as two volumes being published in 2003, 308 chosen judgments and 6 scientific studies took part.
The scientific studies taking part in 18th issue are these;
1. National Sovereignty Regime and the Principle of Secularism. Prof. Dr. Özer OZANKAYA, p.3-23.
2. The Alternation of International Society and the Effects upon Turkey, Prof. Dr. Ali KARAOSMANOĞLU, p.23-31.
3. A Model of A Code Law Preparation Study To Be Deal With the Look of Fair Judgment Right, Sen. Judgment Right, Sen.Cal. Dr. Serdar ÖZGÜLDÜR.
4. Responsibility, Act of Service and Faultless Responsibility Concepts in the Light of The Judgment of High Military Administrative Court, Capt. Murat YAMAN, p.71-101
5. A Study about the Duty Field of High Military Administrative Court. Lieutenant İ.Volkan ŞAHİN, p.101-107.
6. The Cancellation of the Qualifications of Officers and Noncommissioned Officers in the Light of the Judgement of High Military Administrative Court, Second Lieutenant Dr. Melikşah YASİN, p.107-129.
Issues 7,8,9,10,11 and 12, which have been issued regularly since 1993, have been prepared by Col. Dr. Serdar ÖZGÜLDÜR who has worked as a prosecutor, between the years 1989-1995 and has been serving as a member of the Court since 1995; and by Lieutenant. Col. Malik GÖKTEPE who had worked as a prosecutor between the years 1990-1998. The issues number 13,14,15,16 have been prepared by Col. Dr. Serdar ÖZGÜLDÜR and by another member Col. Hıfzı ÇUBUKLU.And so the issues number 17,18 have prepared by Col. Dr. Serdar ÖZGÜLDÜR , another member Col. Hıfzı ÇUBUKLU and the other members of comission
The last three issues have been prepared in computers and recorded into CD-ROMs.
The Journal of Askeri Yüksek İdare Mahkemesi an annual containing scientific studies and Court decisions of its own; and those who want to own any issue of the journal should pay 12.500.000 TL. to the bank account of the Court held in T.C. Ziraat Bankası with account number 1276 of Saraçoğlu Branch (Dept No:1059) and after receiving the receipt from that bank, they should apply formally to the Court and in this way demanded issues shall be handed.
LOOKING FORWARD TO SEE YOUR ARTICLES :
Dear academics, judges, lawyers and all other legal professionals; we look forward to have your articles on Constitutional and Administrative Law to consider to publish them in our Journal.
a-Should be sent to the Court with a formal petition containing an explanation saying “ this article haven’t been published in any place with or without same title and have been sent just for its publication in the Journal of Askeri Yüksek İdare Mahkemesi.
b-Articles should be written in double copies written with two-line spacing. Shipment of articles also in computer diskettes will definitely facilitate our efforts.
c-Whether an article will be published or not is subject to the Court’s discretion. Published articles will then be sent back to authors.
Many thanks for your participation by now.
II. SCIENTIFIC ACTIVITIES AND OTHER PUBLICATIONS:
The twentieth anniversary of the Court’s foundation had been celebrated in March 31, 1993 with a program. According to this program, high rank personnel had visited Mausoleum of the Great Leader Ataturk and showed respect in his spiritual existence; and then program had continued with the participation of then the President of the Republic Mr. Turgut ÖZAL, Chief of the Turkish General Staff, Minister of National Defence and Force Commanders in the Guesthouse of General Directorate of Turkish Highways Institution and then addresses by the then President Mr. Turgut ÖZAL and then the President of the Court Brig. Gen. Taner CANDEMİR had taken place, after addresses a concert given by Land Forces Army Band had taken place before the end of celebration.
The same day after lunch, a symposium had begun, and statements on “Past, Present and Future of the Askeri Yüksek İdare Mahkemesi” and “Problem of Method and Subject Matter Jurisdiction In Trying the Responsibility of Public Workers” prepared by Administrative Law Professors of Law School of Istanbul University Mr. İlhan ÖZAY and Mr. Sait GÜRAN respectively. Symposium had lasted with the debates. In the same day’s night a reception with the participation of above-mentioned personalities had been held before the end of whole celebration program.
Addresses made by the President of Republic and the President of the Court, announcements made by the Professors and debates of participants had been published in the 91st issue of the Military Justice Affairs Journal in pages between 1-89, in Sept 1994.
The address made by the President of the Republic Mr. Turgut ÖZAL who had died close after the anniversary is shown below, due to this address specifies the meaning and the importance of the day with the Court’s overall situation, in the best way.
THE ADDRESS MADE BY THE PRESIDENT OF REPUBLIC Mr. TURGUT ÖZAL IN THE CEREMONY OF 20TH ANNIVERSARY OF THE FOUNDATION OF ASKERİ YÜKSEK İDARE MAHKEMESİ:
“Dear President, respectful members of the Court and the precious guests;
I feel a special happiness for joining the convention held here due to the 20th Anniversary of The Court’s Foundation. I share the view that, even if the period of time elapsed since the very first foundation of the Court is supposed to be not too long for governing a state, this is an enough period of time for making evaluations over the Court’s exercise and the results came out due to these exercises.
As the President of Court has stated, one of the main characteristics of modern western democracies is that they are all states of law. And the first qualification that a state must have is that, the state must obey the rules he legislated. The nation has had a very long way in achieving to reach such a legal system. Existence of Askeri Yüksek İdare Mahkemesi in addition to existence Danıştay, is an important step made towards this goal. As stated in the preamble of the Act; soldiers tied to an authority, which is out of the control of civilians because of the properties of military service. Hierarchical structure, legal status and obligations, and strict measures undertaken towards them from military point of view. These necessities have forced the foundation of Askeri Yüksek İdare Mahkemesi. Reaching at this point there has been evolved many steps. Because the President of the Court has mentioned those steps earlier, I don’t find it necessary to repeat the same things here. But, I should mention particularly that the opinions stating the existence of the Court as a privilege, don’t seem acceptable when compared to realities. Preserving the inner structure and discipline of the Turkish Armed Forces, which is the masthead of national defence, would be the most important hesitation of us.
Military requirements, specialities of the military service and hierarchy and discipline makes it necessary to solve conflicts related to these matters by the help of people who have grown within the Army and have knowledge and discretion on these matters.
These thoughts, which are the reasons of separation between Military and Civilian Administrative Judiciary, cannot be easily neglected. Implementations and service carried out by the Askeri Yüksek İdare Mahkemesi so far, have been in accordance with the foundation reasons and with the goals of the Court. Furthermore, this reality has been widely appreciated by the legal environs. And lack of any criticism and denouncement over the court proves that of my opinion. Exercise of the Court in the last 20 years have proven that existence of the Court have become an insurance for both military personalities and military service. And I hope, Askeri Yüksek İdare Mahkemesi will continue its successful studies and labour in future and I believe in this casually.
I celebrate again the 20th anniversary of the Court’s foundation which has been occupying a respectful place amidst other High Courts of the Country and again I wish you great success.”
In the 25th Anniversary of the Court’s foundation no ceremonies or symposiums had been conducted; but within this framework; “25th year Gift of Askeri Yüksek İdare Mahkemesi” consisted of scientific studies and “25th year Anthology” which has brought whole of the former and present members together, have been prepared in 1998.
In the 25th year Anthology; Entire Court members who are present at that time (President, Chief of Prosecutors, Chairmen of Chambers, Members, Prosecutors, Reporters, Those who work in Administration, Chairman of the Court), and Presidents, Vice Presidents, Chief Public Attorney, Chief Prosecutor, Chairmen of Chambers, Chairman of the Court, Members, Public Attorneys, Prosecutors, Reporters and Managers of Survey, Distinguish and Publication who had served since the very first foundation of the Court, with their photographs included curriculum vitaes. Also in the Anthology memoirs since foundation till 25th year have been exhibited in photographs including Presidents of Foreign Countries and foreign delegations that had visited the Court.
Inside the 25th Year Gift of the Court’s Foundation 18 scientific studies has been included. These are as follows:
1. Comments on Law Equivalent Decrees, Prof. Dr. Pertev BİLGEN, p. 5-16, (Turkish)
2. World’s Environmental Crisis on the Verge of Human Rights, Prof. Dr. Burhan KUZU, s. 17-32,(Turkish)
3. State of Law, Col. Dr. Erol ALPAR, p. 33-69,(Turkish)
4. A Comparative Approach Towards Law of Responsibility Related to Damages Caused by Administrative Transactions and the Problem of Compensation, Col. Dr. Serdar ÖZGÜLDÜR, p. 71-151,(Turkish)
5. Administrative Court of Strasbourg, Ass. Prof. Turan YILDIRIM, p. 153-163,(Turkish)
6. Objection to Doctrines About Cease of Conduct, Ass. Prof. Zehreddin ASLAN, p. 165-175,(Turkish)
7. About Freedom of Religion and Conscience, Col. Dr. Sadi ÇAYCI, p. 177-187,(Turkish)
8. The Legal Status of Principles Contained in the Preamble of the Constitution in Specifying the Basic Characteristics of Republic, Ass. Prof. Dr. Mustafa KOÇAK, p. 189-204,(Turkish)
9. Cease of Conduct In Negative Transactions Of Administration, Uğurcan SEVİNÇ ÇINAR, p. 205-216,(Turkish)
10.Comments On Turkey’s Abstentions Towards Right of Individual Apply to the European Committee of Human Rights and Acceptance of Imperative Enforcement and Jurisdiction of European Board of Human Rights after Louizidou v. Turkey, Surveyor Kerem ALTIPARMAK, p. 217-240,(Turkish)
11.Structure and Establishment of Military Courts From Principles of Natural Way of Judiciary and Natural Judges Point of View, Lieutenant Col. Dr. M. Turgut EFE, p. 241-257,(Turkish)
12. Today’s Special City Administrations, Surveyor Şevki HAKYEMEZ, p. 260-272,(Turkish)
13. Correction (Review) of Decisions in the Procedure of Administrative Judiciary, Maj. Ayhan AKARSU,(Turkish)
14.Contracts of Public Service Privilege, Capt. Mehmet AKBULUT, p. 293-324,(Turkish)
15. Constitution of USA and Federal Supreme Court, Capt. Halil ÇOLAK, p. 325-351,(Turkish)
16. Properties, Affects and Results of Supreme Constitutional Court’s Decisions About Nullity in Turkish Law, Lieutenant. Erhan EROĞLU, p. 353-371,(Turkish)
17. Commission of European Societies, Lieutenant. Yunus YILMAZ, p. 373-405,(Turkish)
18. A Survey Over the Standardization Decision Made by the General Committee of Askeri Yüksek İdare Mahkemesi Dated in June 12, 1997 and K. 1997/1, p. 407-419,(Turkish)
Col. Dr. Serdar ÖZGÜLDÜR and Lieutenant have also published publications named "25th Year Anthology" and "25th Year Gift". Col. Malik GÖKTEPE.
Totally 3445 pieces of High Court Decisions and 74 scientific surveys published in both Journal of Askeri Yüksek İdare Mahkemesi’s twelve issues (issues 7-18); and the Journal of Military Justice have been offered to the concerning people and entire law society.(Turkish)
III. CONFERENCES AND SEMINARS
These are the conferences and seminars presented by the Court, after High Military Administrative Court’s Moving to the new service building (Devlet Mah. Merasim Sk Yücetepe /ANKARA) and having a 300 people capacity modern conference hall. Since from 6 September 2002:
1. The Conference, with the subject of “Administrative Transaction, Administrative Action Concepts and The Practice of High Military Administrative Court”, presented to the participants on 24 October 2002 in High Military Administrative Court, in the frame of 1st Legal Advisers Training Seminar, organized by the Coordination of Natural Defense Ministry, Military Justice Affairs Presidency. (Presented by : Senior Cal.Dr.Serdar ÖZGÜLDÜR)
2. The Conference, with the subject of “History and Literature Talkss-1, Estergon In Our History and Literature, In The Light of A Four Century Ballad’s Melody”, presented to the participants on 20 December 2002, in the frame of High Military Administrative Court Conference Program. (Presented by : Senior Cal.Dr.Serdar ÖZGÜLDÜR)
3. The Conference, with the subject of “National Sovereignty Regime and Secularism Principle”, presented to the participants on 10 January 2003, in the frame of High Military Administrative Court Conference Program. (Presented by: Prof.Dr.Özer OZANKAYA, Professor of METU and Bilkent Universities.)
4. The Conference, with the subject of “Vaccination on Adults”, presented to the participants on 31 January 2003, in the frame of High Military Administrative Court Conference Program. (Presented by: Senior Col. Prof.Dr.Levent DOĞANCI, The Head of GATA Microbiology and Clinic Microbiology Main Science Branch)
5. The Conference, with the subject of “The Alteration of İnternational Society and The Effects Upon Turkey”, presented to the participants on 21 February 2003, in the frame of High Military Administrative Court Conference Program. (Presented by: Prof.Dr.Ali KARAOSMANOĞLU, Bilkent University International Relations Main Science Branch)
6. The Conference, with the subject of “The Protection of Heart Diseases”, presented to the participants on 7 March 2003, in the frame of High Military Administrative Court Conference Program. (Presented by: Senior Col.Prof.Dr.Celal GENÇ, The Professor of GATA Cardiology Main Science Branch)
7. The Conference, with the subject of “History and Literature Talks-2, Tuna River In Our History and Literature and a Souvenir which Tuna Embraces: Adakale”, presented to the participants on 28 March 2003, in the frame of High Military Administrative Court Conference Program. (Presented by: Senior Col.Dr.Serdar ÖZGÜLDÜR)
8. The Informing Meeting Performed on 3 April 2003with some special subjects (Presented by: General Secretary of High Military Administrative Court Senior Col.Dr.Serdar ÖZGÜLDÜR, The member of 1st Chamber of High Military Administrative Court Sen.Cal.Hıfzı ÇUBUKLU)
9. The Scientific announcement with the subject of “A Model of a Code Law Preparation Study Deal with the Loak of Fair Judgement Right”, presented to the participants on 23 May 2003, in a scientific assembly organized by High Military Administrative Court and the Court of Military Appeals with cooperation, in the frame of a series of scientific activities, with the subject of “The Fair Trial Right in front of The Supreme Court of Military Appeals and High Military Administrative Court” organized by with the Pioneering of Bahçeşehir University Law Faculty, the other Law Faculties and involved institutions.
10. The Conference with the subject of “Responsibility, Act of Service and Faultless responsibility Concepts, in the Light of the Judgements of High Military Administrative Court”, presented to the participants on 20 October 2003, at High Military Administrative Court, in the frame of 1st Military Judges and Prosecutors Training Seminar, arranged by the coordination of National Defense Ministry, Military Justice Affairs Presidency (Presented by: Capt.Murat YAMAN, the reporter of 2nd Chamber of High Military Administrative Court)