İş Sağlığı ve Güvenlı̇ğı̇ Kanunu’na Aykırılıktan Kaynaklanan İdarı̇ Para Cezaları ve Avrupa İnsan Hakları Mahkemesı̇ Korumasına İlı̇şkı̇n Bı̇r Değerlendı̇rme


Dinç Ütükler I. C.

Çimento İşveren, cilt.34, sa.5, ss.20-33, 2020 (Hakemli Dergi)

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 34 Sayı: 5
  • Basım Tarihi: 2020
  • Dergi Adı: Çimento İşveren
  • Sayfa Sayıları: ss.20-33
  • Yozgat Bozok Üniversitesi Adresli: Evet

Özet

The sanctions applied in case of breach of occupational health and safety obligations have been

transformed from criminal sanctions to administrative sanctions. As a result, the authority applying

the sanction has also changed and the authority to impose sanctions has shifted from judicial authorities

to administrative authorities. It is an indispensable feature of the rule of law that every act and

action of the administration is subject to judicial review. Therefore, the labor inspection organization

is obliged to act in accordance with the law in all its transactions and actions. The European Court of

Human Rights, in its jurisprudence on the right to a fair trial, includes administrative sanctions with

severe consequences within the concept of criminal charges. It is possible to evaluate administrative

penalties, which have severe consequences, within this scope. Therefore, the labor inspector should

provide the employer with basic criminal law guarantees, especially in cases where the administrative

penalty is determined according to the number of workers.