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IV. Problematic Issues in Turkish Judicial Practices regarding Administrative Detention Procedures
1. Jurisdiction of criminal judges with respect to lawfulness of administrative detention
First problematic issue concerning judicial review of administrative detention procedures…
It is remarkable that, all actions, other than administrative detention decisions,…
It is possible to interpret this as a logical extension in judiciary, of a greater…
Another projection of this reform is for instance, dissolution of Foreigners Police…
In view of this outset, subjecting administrative detention to judicial scrutiny…
These particular differences rather arise from the fact that criminal and administrative…
Due to their position of engagement with legal concepts of criminal law, criminal…
Other disadvantages of having an exceptional rule concerning jurisdiction with respect…
Separation in jurisdiction also causes inconsistency in judicial practices concerning…
Final legal issue in relation to the procedure of examination of complaints against…
Nevertheless, in the context of the Turkish legal system it is not a matter of whether…
First of all, diverse interpretations by different courts of legal concepts and factual…
Secondly, difficulties in accessing sample judgments make it harder for the jurists…
In parallel with the opinions of ECtHR and CJEU, lack of availability of further…
3. Instances of inconsistency between interim measure and merit decisions of the CC
2. Implementation of risk of absconding as a ground for administrative detention for removal purposes
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