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Law No. 2577 on Administrative Procedure (İYUK)

Here is the professional English translation of the key principles and procedural rules of Turkish Administrative Law, structured and formatted for clarity and scannability:

General Principles and Types of Lawsuits

  • Administrative lawsuits are filed for the purpose of conducting a legality review against the acts or actions of the state and public institutions.

  • The cornerstone legislation that serves as the constitution of administrative law is the Administrative Jurisdiction Procedures Law No. 2577 (İYUK).

  • The fundamental objective of administrative justice is to establish a fair balance between the public interest and the rights and interests of individuals.

  • Actions for annulment (iptal davaları) are brought to retrospectively invalidate and eliminate an administrative action on the grounds of its unlawfulness.

  • Full remedy actions (tam yargı davaları) are compensation lawsuits filed by individuals who have suffered damages due to an administrative act, action, or negligence.

  • Lawsuits arising from administrative contracts resolve disputes originating from contracts signed for the execution and operation of public services.

  • The courts of first instance in administrative jurisdiction are the Administrative Courts and the Tax Courts, depending on the nature of the dispute.

  • Regional Administrative Courts are higher courts that review appeals (istinaf) filed against the decisions rendered by the courts of first instance.

  • The Council of State (Danıştay) is the highest court of cassation (further appeal) in the administrative justice system, and it also hears certain cases acting as a court of first instance.

  • Lawsuits against Presidential decisions and nation-wide regulations issued by ministries are filed directly before the Council of State.

Conditions for Filing a Lawsuit and Statutory Deadlines

  • Deadlines in administrative jurisdiction relate to public order, and they are taken into account by the court ex officio (re'sen) at every stage of the lawsuit.

  • Unless a specific period is prescribed by law, the general statutory limitation period for filing a lawsuit is 60 days in the Administrative Courts and the Council of State.

  • In Tax Courts, the statutory period for filing a lawsuit is 30 days from the date of notification, unless explicitly provided otherwise by law.

  • Limitation periods begin to run from the day following the date on which the administrative action is served or notified to the relevant person in writing.

  • Pursuant to Article 11 of the İYUK, an individual may apply to the administration before filing a lawsuit to request the revocation, alteration, or modification of the action.

  • This optional application to the administration tolls (suspends) the statutory limitation period that started running upon the notification of the action.

  • If the administration does not respond to the application within 30 days, the request is deemed rejected (implied rejection / zımni ret), and the remaining limitation period resumes from where it left off.

  • To file an action for annulment, it is mandatory that a legitimate, personal, and current interest of the plaintiff has been violated.

  • To file a full remedy action, a mere violation of interest is insufficient; a specific right of the individual must have been directly violated or damaged (muhtel).

  • Prior administrative application is compulsory before filing a compensation lawsuit arising from administrative acts (such as an ambulance accident or medical malpractice).

Trial Procedure and Stay of Execution

  • The "principle of written procedure" prevails in administrative jurisdiction, and as a rule, all examinations are conducted entirely over the case file.

  • Unlike civil or criminal proceedings, hearings, witness testimonies, and oral trial processes are not the primary elements in administrative courts.

  • If requested by the parties, the court may decide to hold a hearing; however, no witnesses are heard during administrative hearings.

  • The "principle of ex officio investigation" applies in administrative justice; the judge is not bound by the claims of the parties and can request all necessary documents and information directly from the administration.

  • As a rule, filing a lawsuit against an administrative action does not automatically stay (suspend) the execution or implementation of that action.

  • To prevent the execution of an action, the plaintiff must explicitly request a "Stay of Execution" (yürütmenin durdurulması - YD) from the court.

  • For a stay of execution to be granted, the administrative action must be manifestly unlawful, and its implementation must threaten to cause irreparable or highly difficult-to-remedy damages.

  • The administration is legally obliged to comply with and execute the court's stay of execution or annulment decisions without delay, and within 30 days at the latest.

  • Personal compensation and criminal lawsuits can be filed against public officials who intentionally fail to execute or implement a court decision.

  • Administrative lawsuits are not filed against the individual person of the public official who performed the act, but directly against the Legal Entity of the Public Institution that established the administrative action.

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