Administrative law is a branch of law that regulates the functioning, powers and responsibilities of public institutions. Disputes arising in this field are generally resolved through administrative lawsuits.
As one of Turkey's leading law firms, Azel Law and Consultancy stands by your side to defend your rights in the fields of administrative law and administrative litigation, with its extensive expertise and specialist team in resolving disputes with various public authorities across different sectors in accordance with the procedures envisaged by its clients.
Our Legal Services in Administrative Law and Administrative Litigation
What is Administrative Law?
The organisation established by the state to perform its duties and contribute to its development is called the administration. The subject matter of administrative law, on the other hand, is to regulate the relationship between the state and the public and to find a balance within the framework of the relevant legislation.
Administrative law is the branch of law that regulates the activities of public administration and the legal relationships arising from these activities. Matters such as the powers and responsibilities of public institutions, the rights individuals hold against the public administration, and the judicial review of the decisions and actions of the public administration form the basis of administrative law.
the procedures to be applied in the resolution of disputes falling within the jurisdiction of the Council of State, regional administrative courts, administrative courts, and tax courts, which are subject to administrative law Administrative Procedure Law organised by.
What is the purpose of administrative law?
Administrative law aims to protect the rights that individuals have against the public administration. In this context:
- The right to legal recourse against arbitrary decisions of the administration shall remain open.
- The equitable, fair and transparent delivery of public services is ensured.
- Transactions that cause a loss to public funds can be annulled through the courts.
Basic Principles of Administrative Law
- The Principle of Legality: All administrative procedures and actions must comply with the law.
- The Principle of Equality in Service: Public services must be provided equally to everyone.
- Principle of Public Interest: Administrative procedures and actions must be carried out with due regard for the public interest.
The Principle of the Rule of Law: The administration is obliged to act in accordance with the law and to be open to scrutiny.
What Are the Types of Administrative Cases?
Administrative actions are lawsuits filed by individuals or legal entities against the decisions, acts or operations of the public administration. These lawsuits generally aim to balance the public interest and individual rights. The main types of administrative lawsuits are:
Actions for annulment
Annulment cases are lawsuits filed within the scope of administrative law with the request for the annulment of unlawful acts carried out by public institutions or the administration. The purpose of these cases is to render the actions carried out by the administration exceeding its authority, contrary to legislation, or arbitrarily null and void through a court decision.
Compliance Audit
Administrative acts are reviewed solely for their compliance with the law. The court does not question the administrative authority’s discretion, but assesses whether that discretion has been exercised in accordance with the law.
Time Limit for Filing an Annulment Action
In administrative law, the time limit for bringing an action for annulment is generally 60 days from the date of service of the decision. This time limit is laid down by law and is a bar to the right of action.
Subjects of Annulment Proceedings
- Administrative fines
- Licence cancellations
- Appointments, dismissals
- Expropriation decisions
- Administrative decisions and procedures, such as tender processes, may be the subject of annulment proceedings.
Cases of Unlawfulness in Annulment Proceedings
- Exceeding authority: The administration acting beyond its authority.
- Form element: Non-compliance of the transaction with legal form requirements.
- Element of reason: The justification of the transaction not being in accordance with the law.
- Element of purpose: The administration pursuing an aim contrary to the public interest.
- Subject matter: The act being directly unlawful.
Results of the Annulment Action
If the court rules that the administrative act is unlawful, it shall be annulled and deemed void with retroactive effect. The administrative authority is obliged to implement the court’s decision and rectify the consequences of the administrative act.
Annulment proceedings are a fundamental means for individuals to protect their rights against arbitrary or unlawful acts by the administration. They therefore require effective legal support.
Full-Fledged Legal Proceedings
Full-judicial proceedings, within the scope of administrative law, these are claims for compensation brought where a person has suffered material or non-material damage as a result of the actions or decisions of the administration. These claims aim to secure compensation for damage arising from unlawful acts, decisions or omissions on the part of the administration. The damage may be either material (loss of property, loss of income) or non-material (damage to reputation, psychological harm).
Grounds for Full-Fledged Legal Proceedings
- Administrative Fault: The faulty conduct of the administration while performing a public service.
- Strict Liability: Holding the administration liable for damage even in the absence of fault on its part (e.g. hazardous activity liability).
Time Limit for Filing a Full Remedy Action
A lawsuit can generally be filed within 60 days from the notification of the transaction causing the damage. For damages arising from an act, the time limit begins to run from the discovery of the damage.
Subject and Scope of Full Remedy Actions
- Losses arising from expropriation without confiscation.
- Damages arising from events attributable to the administration, such as traffic accidents.
- Losses arising from the implementation of administrative decisions or actions.
- Losses arising from the negligence of the administration.
Outcomes of the Full Remedy Action
The court determines the damage suffered by the claimant and orders that this damage be compensated by the administration. This compensation aims to fully remedy the losses of the injured party. The court decision is binding and it is mandatory for the administration to comply with the decision.
Examples of Full-Fledged Litigation Cases
- Compensation for financial losses suffered due to wrongfully imposed administrative fines.
- Interference with the property of individuals without expropriation.
- Compensation for material and moral damages caused by a public vehicle in a traffic accident.
- Compensation for losses suffered as a result of the infringement of students’ or civil servants’ rights.
Full remedy actions are generally connected with an annulment action. If the unlawfulness of the administrative act is established through the annulment action, a full remedy action may be filed for the damages arising from this act. However, it is also possible to file a full remedy action directly.
Related Cases
Related cases, in administrative law, are cases that are linked to one another either legally or factually, and are generally considered together. For example, an action for annulment may first be brought on the grounds that an administrative act is unlawful, following which a full-judgment action may be brought to claim compensation for the damages arising from that act.
Similarly, annulment or full-judgment proceedings brought by more than one person in relation to the same administrative act are also deemed to be connected. Such proceedings are generally heard by the same court or jointly in order to prevent conflicting decisions and to resolve disputes in a comprehensive manner.
How does the process work in administrative lawsuits?
Administrative lawsuits are generally conducted within a specific procedural framework:
- Preliminary Review: The lawfulness of the relevant administrative act or action is assessed.
- Time Limit for Filing a Lawsuit: The time limit is 60 days in administrative courts and 30 days in tax courts. Time limit for bringing an administrative action; it includes important details such as the date the process began, the consequences that may arise if the deadline is missed, and the appeal period.
Court Proceedings: Administrative lawsuits are heard in administrative courts. When necessary, the Council of State acts as the court of appeal.
Implementation of the Decision: In accordance with the court’s ruling, the cancelled transactions will be reversed or compensation will be paid.
Our Administrative Law Legal and Consultancy Services in Ankara
Azel Law and Consultancy's expert lawyers, registered with the Ankara Bar Association, are experienced in administrative law—which constitutes the scope of public law in terms of state practices—and provide services to protect the rights of individuals so they do not suffer loss of rights against the state regarding its practices, to resolve disputes in the manner anticipated by their clients, who are in a weaker position against the state, and to resolve tax disputes.
Our legal representation and advisory services in administrative cases are set out below.
Appeals Against Administrative Fines
The preparation and conduct of appeal proceedings against unfair or unlawful administrative fines.
Actions for annulment
Filing and conducting lawsuits for the annulment of unlawful acts carried out by the administration.
Resolution of Disputes Concerning the Municipal Law
Providing consultancy and managing litigation proceedings aimed at resolving disputes arising under the Local Government Act through legal channels.
Bringing Road Traffic Cases
Managing the process of seeking redress in disputes relating to road traffic accidents and motorways.
The Conduct of Expropriation Proceedings and Objections to Proceedings
Remediation of loss of rights arising from expropriation procedures and filing lawsuits against unlawful procedures.
Initiation and Conduct of Student and Civil Servant Lawsuits
Legal support and the management of legal proceedings in matters relating to students’ rights and civil service issues.
Compensation Lawsuits for Losses Caused by the Administration
Bringing and pursuing legal proceedings to claim compensation for damages arising from the administration’s unlawful acts.
Hearing of Tender Disputes
Filing lawsuits and managing the processes for the resolution of legal disputes arising from public procurement tenders.
Resolution of Contested Processes Contrary to Public Procurement Law
Provision of legal support against irregularities and breaches of law occurring in tender processes.
All Consultancy Services in the Field of Administrative Law
With our dynamic team of specialist lawyers at our Ankara office, we offer bespoke solutions for all your individual and corporate needs in the field of administrative law. You can contact us for more information!
Expertise and Reliability
With our legal expertise and years of experience, we are by your side even in the most complex processes.
Customer-Centric Service
By offering transparent, fast and effective solutions, we aim for the best result for you at every step.
Comprehensive Strategic Partnerships
Thanks to our strong local and international connections, we provide cross-border legal solutions.
Frequently Asked Questions in Administrative Law and Litigation
If you believe that an act or action of a public administration is unlawful, or if you have suffered a grievance due to a public loss, you can file an administrative lawsuit.
No, you do not have to retain a lawyer in administrative cases; you can also file and pursue your case yourself. However, as administrative law is a complex field, it is recommended to get professional support from a lawyer to avoid loss of rights and to ensure the processes are carried out correctly. Lawyers play an important role, particularly in preparing the petition, determining the legal grounds, and complying with time limits.
In employment law cases, the legal fee is affected by many factors such as the type and scope of the case, and the lawyer's experience and area of expertise. You can contact us for legal services tailored to your needs and detailed pricing information.
If you would like to obtain more information about administrative law and administrative litigation or request legal consultancy services, you can get in touch with us. Our expert team is ready to provide the most accurate solutions for you.
