THE INSISTENCE DECISION IN ADMINISTRATIVE JUSTICE WITHIN THE LAST LEGAL AMENDMENT

By the entry into force of first-degree appeal system in administrative justice, it s proceeded from two-level jurisdiction to three-level system. Besides, by this amendment, the first-degree appeal (by district administrative courts) and second-degree appeal (by Council of State) procedure is substituted of the former objection and appeal systems. Before the amendment, as a rule, it s applied to Council of State for the great majority of decisions given by the first instance courts, after this amendment it can be applied to second-degree appeal (by Council of State) procedure only in limited cases. In former system, in the case of reversal decision given by Council of State, first instance court could give insistence decision, but in the new second-degree appeal system, the cases that can be given insistence decisions are limited and also the courts (District Administrative Courts) which can give these decisions are amended. İn this study, within the context of this legal amendment, the insistence decision is examined by every aspect.