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- 2018
ESTABLISHED SITUATION IN THE LIGHT OF COURT DECISIONSKeywords: Müesses Durum,Kazan?lm?? Hak,Hukuk Devleti,Geri Alma,?yiniyet Abstract: The principles of the rule of law and the legality of administration require that the conduct of administration is lawful. If the administration violates the law in its disposals, these disposals are made lawful by judicial intervention. If the administration finds itself in violation of the law after the establishment of the conduct, it may eliminate the violation of the law by means of revocation and removal. The revocation means a full return to the first moment when the conduct was first established. In other words, revocation removes all situations from the legal world, which have occured between the revocation and the time slot during which the actual conduct was established. The effect of the removal process is for the future. In some cases, however, there may be individuals who are unaware that the conduct is illegal, and do rely on the lawfulness of the conduct. Individuals who play no role in the establishment of an illegal conduct should be protected from the negative consequences of the conduct being revoked. One of the safeguards that ensures that the negative consequences of revocation and removal can be eliminated in accordance with the principle of legal stability is the established situation
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