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Cases Against Administrative Authorities

Cases Against Administrative Authorities

Cases Against Administrative Authorities

Administrative jurisdiction resolves conflicts between public and private individuals and citizens, including state, local governments and autonomous units. The general administrative control of the administration in the field of public law is the Supreme Administrative Court. However, no legal proceedings can be initiated in the case of Supreme Administrative Court against decisions and actions or omissions in private law.

Article 152 of the Constitution is applied to determine whether these acts are in the area of ​​ private law or public law. According to this article, the decision or process or omission to be supervised by the Supreme Administrative Court must be a decision or action or negligence of a body or authority or person using administrative or executive authority. The lawsuits to be filed with the Supreme Administrative Court may be filed by a person who is adversely and directly affected by a legitimate interest in a decision or transaction or negligence. The person who is directly affected by his legitimate interest should make the application to the Supreme Administrative Court in the period of 75 days from the day when the decision or action taken by the Administration is published or when the negligence is learned. In the case of regulatory procedures published in the official gazette, the date of learning of the transaction is considered to be the official date of the Official Gazette. If the case is not filed within the 75-day period specified above, the administrative decision, transaction or negligence shall be considered final except in exceptional circumstances. Even if, after this period, the Supreme Administrative Court is appealed, even if the defendant does not object to the fact that the deadline had been passed, the Court shall take it into consideration that the period had passed and shall reject it at this point.

It has been regulated in Article 21 of the Good Administration Act no. 27/2013 to be applied to the Contracting Entity before filing a lawsuit against the administrative proceedings and violations. Pursuant to this article, private persons may apply to the supreme authorities or to the decision of the negligent or authority within the period of filing a lawsuit for the abolition of the administrative procedure before the substitution of any proceedings against the administration, or for the withdrawal of a new transaction or termination of the administrative negligence. The application will stop the 75 days of filing the above-mentioned action, but if no positive or negative response is received within 30 days following the application, the duration for proceedings will be resumed.

Upon application to the Supreme Administrative Court, it may be decided in full or in part, the decision, procedure or omission of the Contracting Entity in accordance with the decisions of the Supreme Administrative Court. The Supreme Administrative Court will decide whether the decision or action of the Administration is wholly or partially null, void or of no consequence. The Supreme Administrative Court will also decide on the omission of the Contracting Entity or partially decide whether to take the necessary action. It follows that Article 152 (5) of the Constitution regulates that any decision of the Supreme Administrative Court is bound to all Courts and all bodies of the State. The decision of the Supreme Administrative Court shall be applied by the relevant body or authority and shall act in accordance with the decision taken. The administration must fulfill the decision taken by the judiciary within 30 days at the latest. If the Administration is delayed in the implementation of such a decision, they are obliged to take responsibility of the damage incurred. Afterwards, the administration is obliged to resort to the private person, who has suffered damages due to the defective transaction, after the Court has corrected the damage, and at the rate determined by the Court.

If any decision or procedure by which a person is deprived of causes damage, and in the event that the person is not satisfied by the relevant body, authority or person, he/she shall be entitled to a different compensation or to apply to the Court for the compensation of damages.

Gürkan & Gürkan

Advocate and Legal Advisers

  • Gürkan&Gürkan
  • April 2019