In accordance with the principle of the rule of law, transactions carried out by public administrations are subject to judicial review. In this way, it becomes possible to cancel illegal transactions and prevent rights violations. At this point, the concepts of objection to administrative actions and annulment action come into play.
What is Administrative Procedure?
Administrative action is a process that produces legal consequences through the unilateral declaration of will of public administrations. Transactions such as tax assessment, licensing, and driver’s license cancellation can be cited as examples of administrative procedures.
Why Objection to Administrative Procedures?
• Illegality: Administrative action being contrary to legislation
• Lack of authority: The authority performing the transaction is not authorized.
• Shapelessness: Failure to perform the procedure properly
• Non-occurrence: The event underlying the transaction has not occurred.
• Presence of death: The subject of the transaction is not in accordance with the law
How to Object to Administrative Procedures?
You can first apply for administrative correction against an administrative action that you think is unlawful. In this way, you can apply with a petition to the administration or higher authority that made the transaction for the correction, withdrawal or cancellation of the transaction. The application period for administrative correction is 60 days from the notification of the action.
If you cannot get results from administrative correction or do not want to use this method, you can apply for administrative litigation. Administrative lawsuit is a type of lawsuit filed in administrative courts and aims to annul the administrative action or compensate for full wear and tear. The period for filing an administrative lawsuit is 60 days from the notification of the action.
Where to File an Administrative Case?
The authority to file a lawsuit varies depending on the type of transaction. Generally;
• Tax cases: In tax courts
• Other administrative cases: In administrative courts
• Cases submitted to the Council of State: In the Council of State
Required Documents in Administrative Case
The documents required in the administrative case are:
• Petition of lawsuit
• **Notified administrative action
• Other required documents
