The time limit for filing lawsuits against the administration is of vital importance in terms of individuals being able to seek their rights. If these time limits are missed, the opportunity to seek rights may be entirely eliminated. Code of Administrative Procedure No. 2577 (İYUK) and in accordance with the provisions set out within the scope of the Constitution of the Republic of Turkey, the administrative litigation process is subject to specific rules.
In administrative law and in administrative lawsuits, it is extremely important to comply with legal time limits to avoid any loss of rights. In this article, we answer important questions such as what the time limit for filing an administrative lawsuit is, how the starting date of the time limit is determined, what happens if the time limit is misstated, and the appeal time limit in the administrative jurisdiction process.
1. What is the Time Limit for Filing an Administrative Lawsuit?
The time limit for filing an administrative lawsuit is the limited period within which legal remedies may be sought against administrative acts. According to Article 7 of the Administrative Procedure Law (İYUK);
- Time limit for filing a lawsuit in administrative courts for 60 days.
- However, in tax courts, this period For 30 days.
These periods are general periods and are applicable unless there is a different regulation in another specific law. For example, different periods may be stipulated for lawsuits filed against public procurement contracts.
2. When Does the Period for Filing a Lawsuit Begin?
In accordance with Article 7/2 of the Procedure of Administrative Justice Act (İYUK), the period for filing a lawsuit is, following the notification of the act, the following day processing begins.
Special Circumstances:
- Regarding tax and financial obligations: The period begins from the day following the date on which the tax/penalty notice is served.
- In notifications by public announcement: In public service by advertisement to persons whose address is unknown, the period, 15 days after the final publication date starts.
- In regulatory proceedings: It starts on the day after its publication in the Official Gazette.
These details are particularly important in matters such as tax law and environmental regulations.
3. What Happens if the Filing Period is Incorrectly Notified?
Pursuant to the second paragraph of Article 40 of the Constitution:
“The State is obliged to state in its proceedings the legal remedies and authorities to which the persons concerned may apply and their time limits.”
Thanks to this constitutional guarantee, if the administration notifies the time period incompletely or incorrectly, it shall not result in any disadvantage for the individual. The time period does not begin to run.
Council of State Jurisprudence:
This principle was also emphasised in the ruling of the 13th Chamber of the Council of State dated 09.02.2018, numbered E:2015/50 and K:2018/357, which stated as follows:
“Actions brought against procedures for which the application period and place were incorrectly notified shall be deemed to have been filed in time.”
Therefore, even if the administrative act is served, if the litigation period is not clearly and correctly stated within it, the period is not deemed to have started.
4. What Happens if the Deadline is Missed?
The period for filing an administrative lawsuit is of a preclusive nature. If the time limit has passed, the right to file a lawsuit ceases to exist. However, as stated above, if there is an incorrect or incomplete notification, this situation differs.
The service process and its content must be carefully examined, and if there are any deficiencies, they should be submitted to the court. In this way, loss of rights against the claim of “expiry of the time limit” can be prevented.
5. What is the Appeal Period in an Administrative Lawsuit?
pursuant to Article 45 of the Administrative Judiciary Procedure Act (IYUK), against decisions of the first instance administrative courts 30 days An appeal against this can be made to the regional administrative court.
- This period begins to run from the day following the notification of the decision to the parties.
- Similarly, if there is missing or incorrect information, the appeal period does not begin to run.
The appeal ensures that the legality of the decision is reviewed and is therefore important as an effective second avenue of review.
Frequently Asked Questions
What is the time limit for filing an administrative lawsuit?
It is 60 days in administrative courts and 30 days in tax courts.
When does the limitation period for filing a lawsuit begin?
From the day following the date of service. If there is missing or incorrect information, the period does not begin.
How many days is the appeal period?
It is 30 days from the service of the decision. (See: Article 45 of the Turkish Procedure for Administrative Justice Act - İYUK)
Can a lawsuit be filed if the deadline is missed?
If there is an incorrect/incomplete notification, yes. Otherwise, the right to file a lawsuit shall lapse.
Conclusion: Points to Consider Regarding Administrative Lawsuit Periods
The time limit for filing an administrative lawsuit is one of the most critical points of the legal process. Calculating these time limits correctly and ensuring that notifications comply with legislation are essential to prevent individuals from losing their rights. Especially in legal remedies such as appeal and cassation, the strict monitoring of time limits is required.
As different elements may be involved in each specific case, it is recommended to seek legal advice from an expert lawyer.
Azel Law and Consultancy As, we provide professional support to our clients in all kinds of processes related to administrative law. To contact us immediately our contact form You can fill it in.
