DISCIPLINE INVESTIGATION PROBLEMS IN TURKISH HIGHER EDUCATION INSTITUTIONS AND GERMAN DISCIPLINE COURT MODEL

The discipline of the civil servants is very important in terms of the administration of state institutions. The official investigation principles and methods that are applied for the disciplinary actions of the civil servants and the disciplinary punishments inflicted are generally cancelled by the administrative courts due to adequacies in Turkey. In this study, the discipline investigation principles and methods applied in Turkish higher education institutions are analyzed by comparing with the investigation principles and methods of the German discipline courts. These courts are considered as expertise courts in German Administrative Law. The discipline investigations are carried out by judges who are specialized in the area of discipline law. As a consequence, the error and right violence rates are decreased. By analyzing the discipline investigation principles and methods that are applied in Turkish higher education institutions; we recommend the establishment of specialized discipline courts in Turkey by sampling the German discipline courts. In this way, discipline judgment can be actualized objectively by specialized judges.