Taking legal action against rights violations arising from administrative procedures is very important to protect the fundamental rights and freedoms of individuals. In this context, the duration of filing a lawsuit is of great importance in the administrative trial procedure. If a lawsuit is not filed within a certain period of time, your ability to protect your rights may be eliminated.
However, in some cases, it is possible to revise the deadline to file a lawsuit. In this way, you have the chance to claim your legal rights without losing your rights.
In this blog post, we will examine in detail the revival of the period for filing a lawsuit in administrative jurisdiction.
What is the Period for Filing a Lawsuit?
The period for filing a lawsuit is the name given to the time determined by law for the annulment of an administrative action due to its unlawfulness or for filing a full jurisdiction lawsuit. This period starts from the date of notification of the transaction to the relevant person.
What are the Situations for Revival of the Deadline for Filing a Lawsuit?
In the light of the Administrative Procedure Law and the jurisprudence of the Council of State, there are some situations in which the period for filing a lawsuit will be revived. Some of the main ones are:
• Re-action by the Administration: If the administration reverses the illegal action it previously made and takes a new action instead, the period for filing a lawsuit for the new action starts again.
• New Answer by the Administration: If the Administration gives a new answer upon objection to the answer it has given before, the period for filing a lawsuit for the new answer starts again.
• Interruption of the Period for Filing a Lawsuit: The period for filing a lawsuit may be interrupted in some cases. These interruptions cause the time to file a lawsuit to be extended. When the time interruption ends, the remaining time starts to count again.
• Knowing a New Right: If the person concerned learns later about the existence of a right that he did not know before, the period for filing a lawsuit for this right begins to run from that date.
Things to Consider About the Revitalization of the Period for Filing a Lawsuit:
• Revival of the deadline for filing a lawsuit does not occur in all cases. One of the situations listed above must occur and legal conditions must be met.
• In cases where the period for filing a lawsuit is renewed, the period for filing a new lawsuit is determined according to the nature of the incident.
