 
  WORLD TRADE  
ORGANIZATION  G/ADP/AHG/W/163 
14 October 2004 
 (04-4302) 
Committee on Anti-Dumping Practices 
Working Group on Implementation Original:   English 
 
 
 
ARTICLE 13 – JUDICIAL, ARBITRAL OR ADMINISTRATIVE REVIEW 
 
Paper by Turkey  
 
 
 The following communication, dated 11 October 2004, is being circulated at the request of the Delegation of Turkey.  
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  Like all administrative actions, anti-dumping procedure's decisions are also subject to judicial review.  As judicial, arbitral and administrative review is one of the fundamental part of an 
investigation, Turkey recognizes the legal right of a ll interested parties to appeal a decision at the 
administrative and judicial court to abolish th e decision and/or to compensate the injustice. 
 
 In Turkey's Constitution, it is stated that rec ourse to judicial review shall be available against 
all actions and acts of the administration.  In this  context, all decisions and acts of the Turkish anti-
dumping authority are under the control by the judicial power.   
 Furthermore, in Article 2 of the Judicial Administrative Procedural Law, it is stated that the 
judicial power is limited to the verification of the compatibility of actions and acts of the 
administration with law.  No judicial ruling shall be adopted which restricts the exercise of the executive function in accordance with  the forms and principles prescribed by law and substitute an 
administrative action and act or removes discretionary powers.   
 Eventually, in Turkish judicial review pro cedure, the court may annul an administrative 
decision but cannot substitute.  Therefore, merely executive authorities can amend all repealed administrative decisions.      
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