APPEALS AGAINST DECISIONS ON REQUESTS FOR THE STAY OF EXECUTION

One of the most important features of administrative acts is that they benefit from the presumption of lawfulness. In other words, it is accepted that administrative acts are made in accordance with the law and for those who believe otherwise, there is no effective remedy other than filing an annulment action for the acts in question. Administrative acts that are the subject of a case still benefit from the presumption of lawfulness so the execution of the acts does not stop with the case. In this situation, for those who consider that the action subject to the case results in damage that are hard to recover or impossible to recover from and the administrative act is expressly in contradiction to the law, the institution of stay of execution regulated by Article 27 of the Procedure of Administrative Justice Act No. 2577 provides an important contribution to the realization of the freedom to claim rights. The fact that this institution, which contributes significantly to the realization of the rule of law, does not provide the protection it aims to provide, depends on whether the appeal against the decisions made upon the requests for stay of execution is available. In accordance with the principle of “procedure is prior to substance”, which is one of the important principles of Mecelle, the conditions of the appeal against the decisions rendered on the requests for stay of execution are vital. In this study, the conditions of the appeal and the procedures followed by the courts during the appeal phase will be discussed in this paper.