Administrative Law | INKO LEGAL

What we do in this area

In administrative law files the opposing party is a public authority: a municipality, a governorship, a ministry, a regulatory body or the social security administration. The administration's act is unilateral and, until it is annulled, it is presumed lawful and enforced. For this reason the work in every file starts with the same two steps: documenting the act and its notification date, and putting the filing period on the calendar.

The main matters handled by the office:

Actions for annulment against administrative acts and full remedy actions (tam yargı) for damage arising from the administration's acts and actions (Administrative Procedure Code No. 2577, İYUK)
Preparing administrative applications and objections before litigation and tracking their time limits
Permit and licence disputes: business opening and operating licences, operating permits, revocation of permits, sealing of premises
Applications and actions against administrative fines
Complaints, appeal complaints (itirazen şikayet) and actions for annulment against tender proceedings

Actions against zoning plans and expropriation proceedings also fall within the jurisdiction of the administrative courts; we cover these two topics on separate pages in the real estate section: zoning law and expropriation.

Action for annulment and full remedy action

In an action for annulment the court reviews the act for competence, form, cause, subject matter and purpose; an act found unlawful is set aside with effect from the date it was made. A full remedy action, on the other hand, secures compensation for damage arising from the administration's act or action. The two can be combined in one file: the annulment of an unlawful suspension of operations and the loss suffered during the period of closure can be claimed together.

The critical point is this: filing an action does not by itself stop the enforcement of the act. For that, a stay of execution (yürütmenin durdurulması) must be requested. Under Article 27 İYUK the court requires two conditions to be met together: the act must be clearly unlawful, and its enforcement must cause damage that would be difficult or impossible to remedy. In acts that produce results in practice, such as demolition, sealing and suspension of operations, this request is the first step in the file.

Time limits: the sixty day rule

Unless a special law provides a different period, the period for filing an action before the administrative courts is sixty days and runs from the day following the notification date (Art. 7 İYUK). The period is a forfeiture period; once it has passed, the merits of the act can no longer be argued.

Application or action	Time limit
Action for annulment or full remedy action before the administrative court	60 days from notification (Art. 7 İYUK)
Action before the tax court	30 days from notification (Art. 7 İYUK)
Objection to the higher authority or to the authority that made the act	Within the filing period (Art. 11 İYUK)
Objection to an administrative fine, general route	two weeks from notification or pronouncement (Art. 27 of the Misdemeanours Law No. 5326)

An application under Article 11 İYUK must be made within the action period to suspend it; the remaining period resumes following rejection or expiry of the statutory response period. Articles 20/A and 20/B are special procedures in which Article 11 does not apply.

Permits, licences and administrative fines

Typical subjects of permit files are the refusal of an application, revocation of an existing permit, suspension of operations and sealing. These acts are usually based on an inspection report; the content of the report and the manner of its notification determine the course of the case.

For administrative fines there are two routes: the general route is an application to the criminal judgeship of peace (sulh ceza hakimliği) within two weeks of notification or pronouncement of the decision. If the special law that provides for the fine assigns jurisdiction to the administrative courts, the action is filed before the administrative court. Which route to follow is determined by the legal basis stated in the fine decision; an application to the wrong authority costs time.

Tender disputes

For challengeable procurement acts under Law No.4734, complaint to the contracting authority and review by the Public Procurement Authority are generally required, subject to standing, time limits and statutory exceptions. Certain cancellation decisions follow special routes. Failure to exhaust a mandatory administrative application may lead to referral to that authority under Article 15 İYUK. Falling outside Law No.4734 does not itself make the dispute private law: pre-contract tender acts, including under Law No.2886, must be distinguished from disputes over contractual performance.

For corporate clients this area is not only about litigation: monitoring the permit and licence calendar, preparing for inspections and structuring correspondence with the administration so as to preserve the filing period are matters for the advisory side.

The page where we describe the process in detail: How we work.

SUBJECTS UNDER THIS HEADING

The headings inside this area

Action for Annulment of an Administrative Act

Full Remedy Action and the Liability of the Administration

Administrative Court Proceedings in Zoning and Expropriation Matters

Objection to Administrative Fines and Action for Annulment

Disciplinary and Appointment Proceedings for Civil Servants

FREQUENTLY ASKED

What people ask about this area

How long is the period for filing an action against an administrative act?

Unless a special law provides a different period, it is sixty days before the administrative courts and thirty days before the tax courts, and it runs from the day following the notification date (Article 7 of the Administrative Procedure Code No. 2577, İYUK). For some acts, such as expropriation, special laws provide shorter periods. The period is a forfeiture period; for this reason the first task is to establish the document showing the notification date.

Is it mandatory to apply to the administration before filing an action?

For administrative acts, prior application is generally optional unless a special law requires it. A timely Article 11 İYUK application suspends the unexpired filing period; Articles 20/A and 20/B exclude this procedure. For damage arising from administrative actions, Article 13 generally requires prior application, subject to its exceptions. Public-procurement complaint routes apply only within their statutory scope, with special exceptions assessed separately.

Does filing an action stop the enforcement of the act?

No, filing an action does not by itself stop the enforcement of the act. A stay of execution must be requested separately, and under Article 27 of the Administrative Procedure Code (İYUK) two conditions must be met together: the act must be clearly unlawful and its enforcement must cause damage that is difficult or impossible to remedy. In acts such as demolition, sealing and suspension of operations, this request is the first step in the file.

Where is an objection to an administrative fine made?

The general route is an application to the criminal judgeship of peace (sulh ceza hakimliği) within two weeks of notification of the decision (Article 27 of the Misdemeanours Law No. 5326). If the special law providing for the fine assigns jurisdiction to the administrative courts, the action is filed before the administrative court. An application made without examining the legal basis cited in the fine decision may cost time because of the wrong authority. Where another administrative-court matter is decided in the same act, Article 27/8 must also be considered.

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