The stay of execution decision is an interim decision that has a very important place in the administrative judiciary and is requested together with the annulment case. This decision is a measure that temporarily suspends the implementation of the administrative action in question until the case is concluded and suspends all legal consequences of the action.
The aim is to prevent the negative effects of administrative actions that are clearly unlawful or may cause irreparable or impossible damages and to protect the right to a fair trial.
Conditions of the Suspension of Execution Decision:
In order for a stay of execution to be decided, the conditions specified in Article 27 of the Administrative Procedure Law must be fulfilled cumulatively. These conditions are:
1. The Administrative Action Subject to the Case Must Be Final and Executable: The subject of the decision must be a final and enforceable administrative action. A stay of execution cannot be decided on transactions that are at the preparation or investigation stage.
2. Possibility of Filing a Lawsuit: The period for filing a lawsuit for a stay of execution must not have expired. This decision cannot be made regarding transactions related to past periods.
3. Presence of Sufficient Reason: The court must have sufficient evidence to show that the transaction in question is likely to be unlawful and that the implementation of this transaction may cause irreparable or impossible damages.
4. Review of Public Interest: The court must also examine whether the stay of execution decision conflicts with the public interest.
Objection to the Suspension of Execution Decision:
The addressee of the administrative action or other relevant persons have the right to appeal to the Administrative Hearing Board against the decision to suspend execution. The objection must be made within 7 days from the notification of the decision. The Board examines the objection and decides whether to revoke, change or preserve the stay of execution decision.
Consequences of the Suspension of Execution Decision:
If a stay of execution decision is made, the implementation of the administrative action in question is temporarily suspended and all legal consequences of the action are suspended. This eliminates the new situation established by the transaction and allows a return to the old legal situation.
Some Situations Where a Stay of Execution May Be Decided:
Situations where an expropriation process is unlawful and the owner of the real estate may suffer irreparable or impossible damages,
Situations where the process of canceling a license is unlawful and stopping the operation of the business may cause irreparable or impossible damages,
Situations where disciplinary punishment of an officer is against the law and removal of the officer from duty may cause irreparable or impossible damages.
Things to Consider About the Suspension of Execution Decision:
The stay of execution decision does not mean the cancellation of the administrative action in question. This decision only temporarily suspends the execution of the transaction. At the end of the case, the court may decide to cancel or reject the transaction.
The stay of execution decision is an exceptional measure and cannot be given for every case. When making this decision, the court must carefully examine the conditions explained above.
It would be useful to consult a lawyer for more detailed information about the stay of execution decision.
