Akademik Veri Yönetim Sistemi
PUBLIC AND PRIVATE INTERNATIONAL LAW BULLETIN, sa.1, ss.233-283, 2023 (ESCI)
TIn Turkish citizenship law, nationality is acquired in one of two ways: through birth or through another procedure. One of other way to acquire citizenship is through the decision of a competent authority. In the Turkish citizenship law, relevant administration has been granted discretionary power in this regard (Turkish Citizenship Law of 2009, numbered 5901 [TCL] Art. 10). Administrative discretionary power concerns the issue of deciding whether the foreigner who meets the necessary conditions for acquiring citizenship should be awarded nationality. For other cases, an administration clearly lacks the authority to decide that a foreigner who has not met the legally specified conditions can acquire Turkish citizenship. The acquisition of Turkish citizenship through marriage is one of the ways to acquire Turkish citizenship through the decision of the competent authority, and an administration also has discretionary power in this regard. Discretionary power thus provides administrative convenience in making these decisions. However, the framework of this convenience needs to be defined. In other words, the administration should not make arbitrary applications based on its discretionary power. This study attempts to determine the limits of administrative discretionary power in accordance with Article 10 of TCL and assesses the conditions regarding the acquisition of Turkish citizenship through marriage in light of the opinions regarding the doctrine of administrative discretionary power and the decisions of the Council of State.