In administrative justice, the opportunity to appeal to a higher court against the decisions made by first instance courts is very important for a fair and transparent trial system. For this purpose, the appeal legal remedy regulated in the Administrative Procedure Law No. 2577 (IYUK) offers an important opportunity for people seeking rights in administrative disputes.
In this blog post, we will comprehensively examine the appeal legal remedy in administrative jurisdiction. We will discuss which decisions appeal can be used against, the duration of appeal, how to file an appeal, and how the appeal review takes place. We will also examine whether an appeal may result in reversal or correction decisions and the consequences of these decisions.
1. Against which decisions can appeal be used?
According to Article 53 of the IYUK, an appeal can be filed against all decisions made by the tax and administrative courts, which are the administrative courts of first instance. In this context, an appeal can be filed against the following types of decisions:
Decisions made on the merits: Decisions covering all or part of the subject matter of the case and concluding the case may be subject to appeal.
Decisions made about the parties: Decisions made on issues such as litigation capacity, representation and litigation companions can also be appealed.
Decisions made about evidence: Decisions about the acceptance, rejection of evidence or the actions to be taken on them are also within the scope of appeal.
Decisions on litigation expenses: Decisions on issues such as litigation costs, attorney fees and expert fees can also be appealed.
2. Appeal Period
The appeal period is 30 days from the day following the notification of the first instance court decision. This period is a limiting period and depends on time. In other words, if the application is not made within the appeal period, the right of appeal is lost and this right cannot be regained.
