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Local Governance and Regional Development: Current Perspectives

Edited By Fatih AYHAN

Local governance and regional development are key concepts for socioeconomic development of countries. With the increase in urbanization after the Industrial Revolution, success in local governance and balanced regional development has become even more important for the increase of overall welfare. This book provides up-to-date information about regional development and local governance.

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1.1 Justification of Administrative Procedures and Evaluation of Implied Refuses on the Axis of Local Governments: Dr. Çağlar Burak Burtan


Dr. Çağlar Burak Burtan

1.1 Justification of Administrative Procedures and Evaluation of Implied Refuses on the Axis of Local Governments

Abstract: Administrative transactions have an efficiency that serves to explain the will of the administration. This situation also makes the administrative procedures stronger as they are realizing the provisions and results from the moment they are made. When administrative transactions are evaluated together with the five elements they have, it is clear that these transactions should have a causal link in terms of cause and effect. The existence of the specified cause-effect relationship brings along the obligation of the administrative act to be justified. Therefore, the administration should be able to explain the reason for the preparation of the said transaction while creating its administrative transactions. When we look at the axis of the Turkish administrative organization, we come across the concept of implied refusal, which the administration uses in some cases. In particular, in municipal administrations, which are a type of local government in practice, responding to the applications made by individuals through tacit refusal is a quality that needs to be examined. Although there are benefits of decentralization elements; the implicit refusal through silence can be interpreted together with the disadvantages of decentralization. In this case, the result arises that the period of responding to the application made to the administration can be extended in favor of the administration with sixty days, which is the general litigation period in the administrative court (but...

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