Administration, with its shortest definition, is the general name of public institutions and organizations. In this context, all units of the State, ministries, municipalities, universities, public hospitals, public schools and other public institutions and organizations can be qualified as administrations.
Administrative Law refers to the whole of the regulations made within the scope of the obligation to protect individuals within the framework of legal principles against the public authority and administration. So much so that administrative law determines the boundaries of the transactions and actions of the administration. In the event that the administration goes beyond these limits or behaves in a way that is not foreseen by the law, its responsibility to individuals and the sanctions to be applied constitute the subject of administrative law.
The administration is obliged to abide by the laws and act in accordance with the general principles of law. However, in practice, unlawful administrative actions and actions that cause the victimization of citizens are frequently encountered.
What are the Cases in Administrative Jurisdiction within the Scope of Administrative Law?
Cases arising from Administrative Law and heard in administrative jurisdiction are divided into three. These;
- • Actions for Annulment
- • Full Remedy Action
- • Cases Arising from Administrative Contract
and it is important that they are carried out by lawyers who are experts in the field of administrative law in order to prevent loss of rights. Lawyers working in the field of administrative law are generally defined as administrative law lawyers or administrative law lawyers.
What are the Liability of the Administration?
Liability cases of the administration are divided into two as faulty and strict liability cases. If the administration does not perform the service it should perform late, badly or at all, the administration’s fault liability arises. However, in some cases, the administration is liable for the resulting damages, even if it is not at fault. This is called the strict liability of the administration. The damage suffered by a public official while performing his duty and the damage caused to third parties due to the nature of the service during the performance of a service are examples of the liability of the administration. It is necessary to evaluate separately whether the administration is responsible for each incident. Experienced and qualified administrative law lawyers in the field of administrative law work intensively and produce solutions for these cases. For this reason, it is important to work with expert lawyers in order not to lose rights in the field of administrative law.
When and How Should the Process Be Started in Administrative Lawsuits?
In compensation cases where the defendant is the administration (full remedy action), first of all, the source of the damage must be determined. If the source of the damage is an administrative action, within one year from the learning of the situation, first of all, the administration should be applied for a preliminary decision and then a lawsuit should be filed. If the source of the damage is an administrative act or an administrative contract, as a rule, it is necessary to file a lawsuit within 60 days.
In cancellation cases, a lawsuit must be filed within 60 days unless a shorter period is stipulated in the law. However, it is also possible that shorter periods are regulated in some special laws. For this reason, it is important to get help from lawyers who are experts in the field of administrative law in order not to miss the deadlines and to prevent loss of rights.
Preliminary Decision Application
In case of damage caused by administrative actions, it is obligatory to apply to the administration first. Those who have suffered damage due to administrative action can directly file a lawsuit for full remedy. However, if the damage is caused by an administrative action, it is necessary to apply to the administration first. Our experienced lawyers apply for a preliminary decision to the administration on behalf of our clients. When it is decided to file a lawsuit after the application, a lawsuit for compensation (full jurisdiction) is filed in the administrative jurisdiction. The process is carried out meticulously until the case is concluded and all stages of the case are followed.
Competent Courts in Administrative Cases
The administrative court in the place where the administrative authority that made the administrative act or administrative contract is the general authority. The general jurisdiction rule is applied in the absence of a special law and the competent administrative court. In cases arising from an administrative contract, the administrative court in the place where the contracting authority is located is authorized. In cases arising from an administrative action, the administrative court of the place where the action took place is authorized. In cases arising from the execution of the administrative service, the administrative court in the place where the service is performed is authorized. The authority regarding administrative courts arises from public order and is evaluated ex officio by the court.
Right to Information
Citizens have the right to demand and learn the reason for the action taken by the administration within the scope of the right to information. The Administration is obliged to notify this justification within the scope of the Right to Information Law. Pursuant to the Law No. 4982 on the Right to Obtain Information, the administration has to provide the requested information or document within fifteen days upon application. In cases where it is necessary for the administration to get help, opinion and coordination from another unit regarding the requested document or information, this period is thirty days. The administration is obliged to inform the applicants that the fifteen-day period stipulated in the law will be extended on the expiry of this period.
What are the Consequences of Filing an Action for Cancellation?
If an administrative act is unlawful in terms of authority, form, reason, subject or purpose, it requires the cancellation of that transaction. The legal result of the administrative act refers to the subject element. The subject of the administrative act must be legitimate, probable and aimed at achieving the desired result. The authority or public official who will carry out the administrative action refers to the element of authority. The justification for the action taken by the administration expresses the reason element. The legality of the administrative act or action in terms of procedure and form expresses the element of form. All administrative actions are aimed at realizing the public interest. In this sense, the objective element is whether it is in the public interest or not. Proceedings regarding the annulment case is the inspection of whether the administrative act is in compliance with the law in terms of these five elements. With the annulment decision of the court, the administrative action is abolished with all its provisions and consequences. In other words, the persons who are the addressees of the administrative action regain their previous rights and status as if that administrative action had never been done.
What are the Terms in Administrative Law?
The duration of filing an administrative lawsuit is sixty days in the Council of State and administrative courts, and thirty days in tax courts, in cases where there are no other provisions in special laws. If an application is not made to the relevant authority within thirty days before filing a lawsuit regarding the administrative action, the request is deemed to be rejected and the deadlines begin to run. In the event that the administrative authorities respond after the expiry of the administrative litigation period, the litigation period will start to run again. In case of an interest or violation of rights arising from an administrative act, a full remedy action or annulment and full remedy action can be filed within sixty days. The periods regarding the administrative case start to run from the day following the date of notification, announcement or publication. If the administrative lawsuit is filed in a non-jurisdiction court, a lawsuit can be filed in the competent court within thirty days from the finalization of the decision of non-jurisdiction. Since there is a full remedy action, if the action is learned through written notification or otherwise, it is requested to apply to the relevant administration within one year, and in any case within five years, to compensate the damage. If the administration rejects the request or remains silent within the time limit, a full remedy action is filed within sixty days.
Administrative Law Attorney
Lawyers working in the field of administrative law are generally defined as administrative law lawyers, administrative law lawyers or administrative litigation lawyers. It is not obligatory to hire a lawyer in cases in administrative jurisdiction. As in other branches of law, the parties have the right to defend themselves by representing themselves in administrative jurisdiction. However, the legislation on administrative law, and especially the Law on Administrative Jurisdiction, contains rules that can be considered more detailed than other areas of law, and it is important to work with a lawyer in order to avoid loss of rights.