Administrative procedures are important elements that we frequently encounter in our daily lives and that may affect our rights. If these transactions are against the law, we can have them canceled by legal means by filing an annulment lawsuit. In some cases, it may be necessary to file a full jurisdiction lawsuit along with or after the annulment lawsuit to claim material and/or moral compensation caused by the administrative action.
In this blog post, we will give detailed information about the compensation (full jurisdiction) lawsuit to be filed after the annulment of the administrative action. While discussing the subject, we will touch upon the following topics:
• What is a Full Jurisdiction Case?
• When is a Full Jurisdiction Case Filed?
• Who Can File a Full Jurisdiction Case?
• What are the Required Documents in a Full Jurisdiction Case?
• Which Court is Competent and Responsible for Full Jurisdiction Cases?
• What is the Statute of Limitations in Full Jurisdiction Cases?
• How is Compensation Calculated in a Full Jurisdiction Case?
• What are the points to be taken into consideration in a full jurisdiction case?
What is a Full Jurisdiction Case?
Full jurisdiction lawsuit is a type of lawsuit filed by people whose rights have been violated due to administrative procedures, to claim the material and/or moral compensation they have suffered. This case is regulated in Article 104 of the Administrative Procedure Law.
When is the Full Jurisdiction Case Filed?
A full jurisdiction lawsuit can be filed in the following cases:
• Cancellation of the administrative action through an annulment action: If the illegality of the administrative action is confirmed by an annulment action, a full judicial action can be filed to compensate for the damage suffered due to this action.
• The illegality of the administrative action is clear and obvious: In some cases, the illegality of the administrative action may be so clear and obvious that it is possible to file a full jurisdiction lawsuit directly without filing for annulment.
• It is not possible to cancel the administrative action: In some cases, it may not be legally possible to cancel the administrative action. Even in such cases, a full jurisdiction lawsuit can be filed for compensation for the damage suffered due to the transaction.
Who Can File a Full Jurisdiction Case?
A full jurisdiction lawsuit can be filed by any person who has suffered material or moral damage due to an administrative action. The people who can file this lawsuit are:
• Addressee of the administrative action: The person to whom the administrative action is directly notified.
• Third parties: Third parties whose rights have been violated due to administrative action.
• Heirs: Heirs of the injured person in case of death.
What are the Required Documents in a Full Jurisdiction Case?
When filing a full jurisdiction lawsuit, the following documents must be attached to the lawsuit petition:
• Case petition: The case petition must include the parties to the case, the subject of the case, the case request and the evidence.
• Required documents: A copy of the decision to cancel the administrative action, documents showing the extent of the damage (invoice, receipt, report, etc.).
• Power of attorney: If the case is filed through a lawyer, a power of attorney must be given to the lawyer.
Which Court is Competent and Responsible for Full Jurisdiction Cases?
Full jurisdiction cases are filed in administrative courts. The competent court is determined according to the place where the administrative action takes place.
