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With some exceptions, legal disputes of individuals against the administration are resolved in the field of administrative jurisdiction. There are 3 judicial authorities in the administrative judiciary, as in the judicial judiciary. Again, as in the judicial judiciary, there is a court of first instance, a court of appeal and a court of appeal in the administrative judiciary.

Administrative Court and Tax Court as the first instance court (in some cases the Council of State also acts as the first instance court.)
Regional Administrative Court (BİM) as a court of appeal
As the court of appeal, the Council of State is the judicial authorities in charge.

THERE ARE TWO TYPES OF CASE IN ADMINISTRATIVE JUDICIAL ACTION: CANCELLATION AND FULL JURISDICTION

Annulment Action

The lawsuits brought by those whose interests are violated due to the unlawfulness of an administrative act are called annulment cases. The important thing in this case is the violation of the interests of the person as a result of the administrative act. So the important thing here is the breach of interest; The person is also not required to suffer damage due to this transaction.

Full remedy action

The lawsuits filed by those who suffer damage as a result of an administrative act or action for compensation for this damage are called full remedial action. In the annulment case, we said that it is not necessary to have a damage, it is sufficient to have a violation of the interest, that is, a change in legal status. In the full remedy action, different from the annulment case, there must have been an additional damage besides the breach of interest. It does not matter whether this damage is material or moral. Whether the person suffers material or moral damage as a result of an administrative act or transaction, he may file a full court case and seek compensation for this damage from the administration that carried out the action or transaction.

WHAT IS THE TIME FOR ADMINISTRATIVE JURISDICTION?

Except for special provisions in administrative jurisdiction, the filing period is 60 days in administrative courts and 30 days in tax courts. These periods start from the date of the written notification.

Is it obligatory to apply to the administration before filing a lawsuit in the administrative jurisdiction?

There is no obligation to apply to the administration in the annulment and full judicial cases that will be filed due to administrative proceedings. The person can directly sue the administrative court, tax court and the Council of State.

There is an obligation to apply to the administration in full judicial cases that will be filed due to administrative actions. Those whose rights have been violated due to administrative actions must apply to the relevant administration within one year from the date they learn about these actions upon written notification or otherwise, and in any case within five years from the date of the action, and request the fulfillment of their rights. In the event that these requests are partially or completely rejected, a lawsuit may be filed within the lawsuit period starting from the day following the notification of the action on this matter, or from the end of this period if the request is not answered within sixty days. In the event that a full court case brought to non-assigned judicial courts is rejected in terms of duty, there is no requirement to apply to the administration in cases that will be brought to administrative courts later (İYUK article 13). . In other words, if a lawsuit is not filed within 60 days in the judicial court, the lawsuit filed at the administrative court due to lack of jurisdiction will be rejected in terms of time. Otherwise, the party who missed the time to file a lawsuit in the administrative jurisdiction will cause the party to abolish the period of filing a lawsuit in the judicial jurisdiction, which never protects the law.

The process begins with the submission of the lawsuit petition to the court. The petition is submitted to the civil courts of first instance where there is no administrative jurisdiction. In this case, a lawsuit is deemed to have been filed with the submission of the petition to the civil court of first instance; The date of submission of the petition of the court of first instance to the administrative jurisdiction does not matter. However, if the petition is submitted to the civil court of first instance in the place where the administrative jurisdiction is located, the case is not on the date of submission of the petition to the civil court; It is deemed to have been opened on the date the court of first instance submits the petition to the administrative court. Therefore, considering that the period of filing a lawsuit to the administrative court is also a condition for the case, this situation is of great importance.

In the administrative jurisdiction, there are petitions stage, such as the judicial judicial written trial procedure. In other words, the petition phase is completed with the lawsuit petition, defense petition, response to defense and second defense petition. Each petition period is 30 days. In other words, the parties have 30 days from the notification of the petition for the defense petition, the reply to the defense and the second defense petition.

In administrative jurisdictions, writing is essential, the case is concluded without a hearing. Holding a hearing is an exceptional case. If the parties are going to request a hearing, they must request it at the petition stage. It is not possible to request a hearing after the petitions stage.

SUSPENSION OF EXECUTION IN ADMINISTRATIVE JUDICIAL EXECUTION

Filing a lawsuit in the Council of State or administrative courts does not stop the execution of the administrative action that is sued. The Council of State or the administrative courts may decide to suspend the execution by giving reasons after the defense of the defendant administration has been received or the defense period has expired, in the event that the damages that are difficult or impossible to compensate arise in the event of the implementation of the administrative act and the conditions that the administrative act is clearly unlawful. Execution of administrative acts, whose effect will be exhausted by implementation, may be suspended without the administration’s defense, in order to be decided again after the defense is taken. (İYUK md.27)

It has the right to appeal to the Regional Administrative Court within 7 days from the notification of the decisions made against the request for a stay of execution. The appealed authorities have to make a decision within seven days from the receipt of the file. Decisions made upon appeal are final.

WHAT DOES THE REFUSAL OF THE PETITION IN ADMINISTRATIVE JURISDICTIONS?

If the administrative jurisdiction detects some deficiencies in the petition while making the first examination, it decides to reject the petition instead of rejecting the case. With the completion of the deficiencies specified in the decision within 30 days from the notification of this decision, a new lawsuit can be filed with a renewal petition without paying a new fee. In the newly filed lawsuit, the decision of rejection of the petition may be given again, upon the detection of other deficiencies different from the old decision. However, if the same deficiencies continue, the case will have to be dismissed. Therefore, it is of great importance whether the deficiencies are completed or not in the renewal petitions to be given after the rejection of the petition. Otherwise, the person will lose his / her rights and the case will be rejected completely.

What will happen if the case is brought to the wrong administration in Administrative Jurisdiction cases?

Contrary to judicial jurisdictions, in administrative jurisdictions, if the case is brought to the wrong administration, it is not decided to dismiss the case from hostility. The administrative jurisdiction will direct the case to the administration to which administration the case should be directed by conducting the necessary research and examination.

Waiver in Administrative Jurisdictions

As it is known, the court will close the file in line with the waiver process and will not continue the case upon the waiver of the case in judicial court cases. However, the situation is slightly different in administrative jurisdictions. If the subject of the administrative jurisdiction case is personal, that is, it only concerns the person who filed the case, the waiver of the case will be processed as in the judicial court cases and the case will be decided in accordance with the waiver. However, if the case in question is related to public order, that is, it concerns the interests of not only the person who filed the lawsuit but also other persons, the administrative court will continue the case despite the plaintiff’s waiver statement.

Finally, we would like to point out that the principle of ex officio investigation is valid in administrative court cases and the parties have the right to present evidence at every stage of the trial. There is no restriction and time limit in this regard.

Attorney Öznur YEŞİLNACAR

TO CONTACT NOW 0 541 485 92 48

Özlem Zennup Özkök

Arb. Av. Özlem Zennup Özkök, 2010 yılında Bilkent Üniversitesi Hukuk Fakültesi’nden mezun olmuştur. Bursa Barosu’na kayıtlı avukat ve arabulucudur. Türkiye’nin önde gelen hukuk bürolarında edindiği şirketler hukuku ve birleşme-devralma deneyiminin ardından Bursa’da Özkök Hukuk Bürosu’nu kurmuştur. Aile hukuku, şirketler hukuku ve gayrimenkul uyuşmazlıkları alanlarında çalışmaktadır.

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