Within the legal order, transactions made by public administrations are subject to certain procedures and laws. If these transactions are unlawful, individuals whose rights have been violated can protect their rights by filing an annulment lawsuit through administrative courts.
In this blog post, we will provide you with information on how to protect your rights by providing a detailed review of the annulment lawsuit for administrative transactions.
What is an Administrative Transaction?
An administrative transaction is a unilateral and willful declaration made by an administrative body in order to produce a specific legal result. These transactions are established by superiors in the form of orders, decisions, regulations, circulars, and the like.
Which Transactions Can Be Cancelled?
Any administrative transaction that is unlawful can be annulled. Within this scope;
Transactions made by an unauthorized authority
Transactions involving irregularities
Transactions based on unlawful justification
Transactions contrary to facts
Transactions that violate public order or morality can be annulled.
Who Can File an Annulment Suit?
Any real or legal person whose rights are violated by being directly affected by the illegality of an administrative action may file an annulment lawsuit.
When is an Annulment Suit Filed?
An annulment suit must be filed within 60 days from the notification of the administrative action to the relevant party. This period is determined as 30 days for tax cases.
How is an Annulment Suit Filed?
An annulment suit is filed by submitting a petition and the necessary documents to the competent administrative court. The petition must clearly state which authority made the administrative action requested to be annulled and when, the reasons for the illegality, and the request for annulment.
What is the Result of the Case?
The administrative court examines whether the administrative action in question is illegal. If the court decides that the action is illegal, it cancels the action. In this case, the administrative action is eliminated and all legal consequences arising from this action are also eliminated.
What You Need to Know About the Cancellation Lawsuit:
Before filing a cancellation lawsuit, it would be beneficial to consult a lawyer about whether the administrative action is cancelable.
An annulment lawsuit requires fees and expenses.
An annulment lawsuit does not stop the execution of the administrative action. However, if the action is canceled as a result of the lawsuit, the execution of the action will stop as of that date.
A full jurisdiction lawsuit can also be filed together with the annulment lawsuit. With a full jurisdiction lawsuit, compensation can be requested for material and moral damages caused by the administrative action.
