One of the most fundamental principles of the rule of law is that the acts and actions of the administration are subject to judicial review. Article 125 of the Constitution explicitly contains the provision, “The administration is liable to compensate for the damage arising from its own actions and acts.” This constitutional guarantee grants individuals who suffer loss due to an unlawful act or action of the administration the right to file a full remedy action.
Today, searches such as “how to file a compensation lawsuit against the administration”, “what is a full remedy lawsuit”, and “how to obtain financial and moral compensation due to an unlawful administrative act” are particularly frequent. In this article, we examine in detail the legal basis, procedure, burden of proof, and practical considerations of a full remedy lawsuit.
What is a Full Remedy Action and How is it Filed?
A full remedy action is a type of lawsuit brought by individuals whose personal rights have been violated due to an administrative act or action, for the purpose of claiming compensation for the pecuniary and non-pecuniary damages they have suffered.
This type of lawsuit, Code of Administrative Procedure No. 2577 (İYUK)’is regulated in Article 2 of the. Unlike annulment actions, the aim here is not the elimination of the administrative act, but the compensation of the damage. However, in most cases annulment action how many full judgment cases are brought together or in a connected manner.
As a result of the unlawful act of the administration,;
- Revocation of licence
- Sealing
- Licence suspension
- Unfair disciplinary action
- Unlawful public official actions
- Zoning applications
- Expropriation errors
such situations can lead to damage and full remedy actions may arise.
Legal Basis of the Full Remedy Action
The fundamental basis of full remedy actions is Article 125 of the Constitution. This article accepts the fault-based or strict liability of the administration.
The liability of the administration is examined under two main headings:
- Service faultmaladministration.
- Strict Liability (Objective Liability)Cases where the administration is held liable, even in the absence of fault, pursuant to the principles of risk, balancing of sacrifice, or social risk.
Council of State case law clearly establishes that damages arising from administrative acts whose unlawfulness has been established by a judicial decision must be compensated.
Time Limit for Filing a Full Remedy Action and Statute of Limitations
Time limits for filing administrative lawsuits and the functioning of the litigation process in administrative justice it is primarily regulated in the IYUK; exceptional provisions in special laws are reserved. Time limits are extremely important in a full remedy action.
In full remedy actions to be brought against administrative acts:
- An action must be brought within 60 days of the notification of the transaction.
As for damages arising from administrative actions:
- 1 year from the date of learning the damage and the perpetrator,
- In any case, a lawsuit must be filed within 5 years from the date of the action.
Missing deadlines can lead to the dismissal of the case on procedural grounds. Therefore, it is important to obtain legal support.
Proof of Damage in a Full Remedy Action
The most common issue encountered in practice is the “concrete proof of damage”.
In a full remedy action, the claimant;
- that there is an administrative act or action,
- That this transaction or action is unlawful,
- That a loss has arisen,
- that there is a causal link between the transaction and the damage
must demonstrate.
However, there is an important point to note here: the principle of ex officio investigation applies in administrative jurisdiction. Administrative courts are obliged to uncover the material truth. They are not limited to the documents submitted by the parties and may, on their own initiative, request necessary information and documents from public institutions.
Council of State rulings accept that proof of the amount of damage with mathematical certainty is not required; it is sufficient to demonstrate the occurrence of damage through reasonable and strong indicators. Particularly in situations such as the suspension of commercial activity, the profit deprived of is determined through expert examination.
Pecuniary Compensation and Loss of Profit
In a full remedy action, material damage;
- the actual loss of assets,
- loss of profits,
- Loss of workforce,
- Additional expenses
Kapsar.
Lost profit is the loss of the potential earnings that the person would have obtained had the administrative act not taken place. This item of damage particularly comes to the fore in the event of the suspension of commercial activities.
Courts generally determine the amount of damage by having an expert examination carried out on this matter.
Claim for Non-Pecuniary Damages
An unlawful act or action by the administration does not only cause economic damage; it can also have negative effects on a person's honour, reputation, social status and psychological integrity.
Article 17 of the Constitution guarantees everyone the right to protect and develop their material and spiritual existence. European Court of Human Rights evaluates the protection of professional reputation and social standing within the scope of private life.
It is accepted in the case law of the Council of State that non-pecuniary damages may be awarded for the purpose of alleviating the grief and suffering experienced by the individual. Non-pecuniary damages are not a means of enrichment; they are a means of satisfaction aimed at partially remedying the injustice created by the unlawful act.
Expert and Evidence Examination in a Full Remedy Action
In full judicial proceedings, an expert witness examination is frequently conducted. In particular;
- Commercial loss,
- Loss of working capacity,
- Construction and zoning damages,
- Healthcare errors
on technical matters like this, the expert report plays a decisive role.
The court makes the damage calculation based on technical data. Therefore, it is of great importance that the statement of claim is based on strong legal foundations.
Difference Between an Annulment Action and a Full Remedy Action
An annulment action aims to determine the unlawfulness of an administrative act and have it set aside. A full remedy action, on the other hand, targets the compensation of the damage arising from this act.
In some cases, an annulment action is filed first, the administrative act is annulled, and then a full remedy action comes onto the agenda. The annulment decision is the strongest evidence of unlawfulness in the full remedy action.
Frequently Asked Questions (FAQ)
What is a full remedy action?
It is an action filed for the compensation of material and moral damages suffered due to the unlawful transaction or action of the administration.
Within what time period must a full remedy action be filed?
In administrative proceedings 60 days, and in administrative actions, from the time of learning 1 year and in any case 5 years A lawsuit must be filed within it.
How is damage proven in a full remedy action?
The existence of damage, the chain of causation and the unlawfulness must be demonstrated. The court may conduct an investigation ex officio and order an expert witness examination.
Can moral compensation be claimed?
Yes. If a person's honour, reputation and psychological integrity have been impaired due to an unlawful administrative act, non-pecuniary damages may be claimed.
Can a full remedy action be filed without filing an annulment action?
Depending on the circumstances, it is possible. However, in many cases, filing a lawsuit for annulment first constitutes a legally stronger path.
Conclusion: Can Compensation Be Claimed Due to Unlawful Acts of the Administration?
Compensation can be claimed through a full remedy action for damages incurred due to an unlawful act or action of the administration; the fundamental basis for this is the principle in Article 125 of the Constitution that ’the administration is liable to compensate for the damage“.
Full remedy actions are one of the strongest legal safeguards of the individual against the administration. Redress for damages suffered due to unlawful administrative acts is not merely an individual right, but also a requirement of the principle of the rule of law.
In these cases, time limits, the burden of proof, expert examination and legal characterisation are of great importance. In particular, the correct determination of the heads of loss and the robust establishment of the chain of causation directly affect the success of the case. Therefore, in order to avoid any loss of rights, it is important that the process is carefully planned according to the specific circumstances of the case.
As Azel Law and Consultancy, we provide comprehensive legal support for the compensation of material and moral damages arising from unlawful acts and actions of the administration. In order to avoid any loss of rights, it is important that the process is conducted with an expert administrative law attorney.
