The Main Cases in Administrative Law
The administrative law, having its source in the Constitution, consists of rules and principles regarding the structure and functions of the state and public power as well as the relations between public authorities and citizens. The administrative acts of public authorities having right to use public power as well as a wide discretionary power directly affect all legal entities. Thus, in case of a wrongful act by the public authority, according to the nature of dispute, it is initially necessary to make an administrative application for solution of disputes and elimination of discrepancies. If a result cannot be accomplished, then parties should bring a lawsuit in the related administrative courts during the term of litigation. As a administrative lawyer, we are always with you with our expert staff.
According to the article 125 of the Constitution, recourse to judicial review shall be available against all actions and acts of administration. The article 2 of the Procedure of Administrative Justice Act (Law no. 2577) clarifies three different types of administrative actions as annulment actions, full remedy actions and actions relating to disputes arising from administrative contracts. 1. Annulment Actions
The annulment actions concerns with administrative acts that are brought by a person whose interests were violated by the act, with the claim that the act is illegal due to a mistake made in one of the elements of competence, form, reason, subject and aim. The annulment actions make up an important part of administrative jurisdiction. 2. Full Remedy Actions
Full remedy actions refer to cases brought by those whose personal rights have been directly affected by the administrative acts or actions.
A separate action shall be filed against each administrative act. However, an action might be brought against more than one act, if there is a legal or material connection or causal-consequential relation between the acts 3. Actions Relating to Disputes Arising from Administrative Contracts
Actions relating to disputes arising from administrative contracts signed to carry out public services except disputes arising from conditions and contracts under which concessions are granted and for which arbitration is suggested. MAIN TYPES OF ACTIONS IN ADMINISTRATIVE JURISDICTION 1. ANNULMENT ACTIONS Disputes Arising from Zoning Legislations
Actions relating to the annulment of zoning plans, Actions relating to the annulment of amendments or rejection of demand for amendments in zoning plans, Actions relating to the annulment of acts regarding the land and terrain adjustment in zoning plans, Actions relating to the annulment of implementation of zoning plans, Actions relating to the annulment of zoning status, expropriation and written authorisation, Actions relating to the annulment of demolition and fines Actions concerning with disputes which emanate from zoning amnesty.
Disputes Arising from Legislation Concerning Public Servants
Actions relating to the annulment of the appointment of public servants and their transfer to a new post as well as break-off during their probationary period, Actions relating to the annulment of the dismissal, retirement or disciplinary suspension of public servants, Actions relating to the annulment of the disciplinary sanctions that are not resulted in the dismissal of the public servant and concerning the promotion, progress, employment record, acquirement of ranks and other rights relating to status and financial rights of public servants, Disputes Arising from Highway Traffic Law and Highway Transport Law Disputes Arising from Legislation Concerning Family Practice Disputes Arising from Legislation Concerning Mining Disputes Arising from Legislation Concerning Public Procurement Disputes Arising from Legislation Concerning Public Professional Organizations Disputes Arising from Legislation Concerning Private Education Institutions Disputes Arising from Legislation Concerning Supreme Boards
FULL REMEDY ACTIONS Actions for Compensation Arising from Legislation Concerning Health
Actions for compensation arising from service faults by health officers Actions for compensation arising from service faults by midwives during vaginal delivery without supervisory of a podiatrist Actions for compensation arising from damages due to wrong injection
Actions for Compensation Arising from Legislation Concerning Terrorism TIME LIMIT FOR THE INITIATION OF ACTIONS IN ADMINISTRATIVE JURISDICTION
The time limit to bring an action is sixty days for the actions brought to the Council of State and administrative courts, thirty days for the actions brought to the tax courts, unless otherwise stated in the specific acts. THE COMMENCEMENT OF ADMINISTRATIVE SUITS
Administrative suits shall be filed with a petition written to the presidency of the Council of State, administrative and tax courts. In the petitions,
Names and surnames or titles and addresses of the parties, their counsels and their representatives, if they have any, Subject, reasons of the case and the evidence it is based on Notification date of the administrative act which is the subject of the action, Disputed amount in the actions concerning taxes, fees, duties and other similar financial obligations or increases and penalties concerning these obligations and in full remedy actions, In tax actions, type and year of the relevant tax or tax penalty, date and number of the demand note, account number of the taxpayer, if available,
shall be included. OUR SERVICES IN THE FIELD OF ADMINISTRATIVE LAW
The extensive and complex character of the legislation as well as non-codification of decisions in this field makes legal support inevitable for the parties of disputes. In this regard, as OR Law office, we provide legal support regarding abovementioned areas of disputes during the procedures of administrative application firstly and if it is not available, application for administrative courts as well as appeal against the decisions of the courts.