In the administrative judiciary, situations may arise where some cases need to be concluded in a shorter time rather than according to the normal trial procedure. In such cases, the Urgent Trial Procedure (IYU) stipulated in the Administrative Procedure Law (IYUK) comes into play. In this article, we will examine in detail what GPA is, in which cases it is applied, and its procedure.
What is GBP?
İYÜ is a special trial procedure arranged in İYUK for the purpose of concluding certain cases more quickly and urgently. In this procedure, some stages are skipped or the time periods are shortened compared to the normal trial. Thus, it is aimed to resolve urgent cases without delay.
In which cases is İYU applied?
GPA is not valid for every case. It can only be applied in certain cases listed in the IYUK. These cases are:
• Election annulment cases
• Cases of closure of political parties
• Cases related to the performance of urgent public services
• Cases that threaten public order or national security
• Cases that threaten the life or property safety of people
• Cases regarding disciplinary penalties of personnel of public institutions and organizations
• Cases related to tender procedures of public institutions and organizations
• Tax and customs cases
• Social security cases
• Environmental cases
GBP Procedure:
The period for filing a lawsuit in İYU is 30 days. After the case is filed, the court examines the file and decides on the first review within 7 days. In the first review decision, it is evaluated whether the case complies with the urgent trial procedure. If the court decides that the case complies with the urgent trial procedure, it will handle the case urgently.
If the initial review decision is not in accordance with the urgent trial procedure, the case is heard according to the normal trial procedure.
In the urgent trial procedure, some stages in the normal trial are skipped or the time periods are shortened. For example, the parties’ defense period is 15 days and there is no opportunity to respond to the defense. Likewise, procedures such as evidence examination and discovery are not carried out.
The case is decided by the court after the collection and evaluation of the evidence. The court decision can be appealed within 15 days from notification.
Benefits of IYU:
The most important benefit of IYU is that urgent cases are concluded more quickly and urgently. In this way, solutions can be produced quickly in cases where public order and national security are endangered or the safety of people’s life and property is damaged.
In addition, thanks to the GPA, it is possible for cases to be concluded with less cost. Because, compared to the normal trial, some stages are skipped or the periods are shortened.
Disadvantages of IYU:
GBP also has some disadvantages. These disadvantages are:
• Limitation of the parties’ defense rights: In the urgent trial procedure, some stages in the normal trial are skipped or the time periods are shortened. This may limit the parties’ defense rights.
• Insufficient evidence examination: In the urgent trial procedure, procedures such as evidence examination and discovery are not carried out. This may prevent the evidence from being adequately examined and evaluated.
• Increased risk of making wrong decisions: In the urgent trial procedure, the cases are processed more quickly.