Administrative law

​

Administrative law determines the boundaries of the transactions and actions of the administration. It regulates the responsibilities and sanctions against individuals in case the administration goes beyond these limits or acts in a way not foreseen by the laws.

The administration is obliged to abide by the law and act in accordance with the general principles of law. However, during the implementation, unlawful administrative actions and transactions that cause the victimization of citizens are frequently encountered.

As stated in the Constitution of the Republic of Turkey, all kinds of actions and actions of the administration are open to the judiciary. Disputes arising from such transactions and actions are seen in administrative jurisdiction.

Application forms and deadlines in administrative law are subject to extremely sensitive procedural rules. The sanction power of the administration can cause serious consequences and irreparable damages. It is obligatory to protect individuals against the Administration within the framework of legal principles.

 

 

Attorney Mohamed Sarıkaya  As the Law Firm, our main services we provide to our clients in this context are;

​

• Compensation cases related to the liability of the administration.

• Cases regarding the annulment of unlawful administrative acts.

• Objection to administrative fines & cancellation cases.

• Conflicts on zoning law, & zoning lawsuits.

• Procurement law disputes & tender litigation.

• Litigation related to expropriation.

• Execution of civil litigation.

• Student lawsuits.

• Concluding Highway Traffic Litigation.

• Litigation arising from administrative contracts.

• Providing legal consultancy and advocacy services on issues such as disputes and resolutions regarding the Municipality Law.

​

administration What are the Liability Situations?

​

Fault and faultless liability of the Administration; If the Administration does not perform the service it is supposed to perform late, badly or at all, the Administration's fault liability arises. In some cases, the administration is liable for the resulting damages, even if it is not at fault. This is called the strict liability of the administration.

 

The damage suffered by a public official while performing his/her duty, the damage caused to third parties due to the nature of the service during the performance of a service are examples of this liability. It is based on the principle of reparation of personal damages arising as a result of a transaction made for the purpose of public benefit.

 

Good and experienced administrative lawyers work intensively in our law firm for these cases and produce solutions.

​

​

​

When and How Should the Process Be Started in Administrative Lawsuits?

​

In compensation cases where the defendant is the administration (full remedy action), the source of the damage must first be determined. If the source of the damage is an administrative act, it is necessary to file a lawsuit within one year from the learning of the situation. If the source of the damage is an administrative act or an administrative contract, it is necessary to file a lawsuit within 60 days.

​

​

​

Preliminary Decision

​

In case of damage caused by administrative actions, it is obligatory to apply to the administration first. Those who have suffered damage due to administrative action can directly file a lawsuit for full remedy. However, if the damage is caused by administrative action, it is necessary to apply to the administration first. Our experienced lawyers will make your preliminary decision application to the administration on behalf of you. When it is decided to file a lawsuit, the administrative lawsuit fee will be paid and an administrative lawsuit will be filed.

​

​

​

Competent Courts in Administrative Cases

​

The administrative court in the place where the administrative authority that made the administrative act or administrative contract is the general authority. The general jurisdiction rule is applied if the authorized administrative court is not indicated by special law. In cases arising from the administrative contract, the administrative court in the place where the contracting administration is located is authorized. Administrative court is authorized. The authority regarding administrative courts arises from public order and is evaluated ex officio by the court.

​

​

​

Rule of Authority in Lawsuits Regarding Public Officials

​

In cases related to the appointment and transfer of public officials, the administrative court of the place where the public official is appointed or where the previous place of duty is located is authorized. Apart from that, a lawsuit can be filed in the administrative court located in the place where it is assigned, in cases related to all kinds of disciplinary penalties, registry, personal rights or monetary rights.

​

​

​

Right to Information

​

Citizens have the right to demand and learn the reason for the action taken by the administration within the scope of the right to information. The administration has to inform this justification within the scope of the Law on Access to Information. Pursuant to the Law on Access to Information No. 4982, the administration has to provide the requested information or document within fifteen days upon application. In cases where the administration regarding the requested document or information requires assistance, opinion and coordination from another unit, this period is thirty days. The administration has the obligation to inform the applicant or legal entity that the fifteen-day period stipulated in the law will be extended on the expiry of this period. .

​

​

​

How to File an Annulment Case & Administrative Case in Administrative Jurisdiction

​

It is a type of administrative lawsuit filed by the person or institution whose interests are damaged as a result of the administrative action. If an administrative action is unlawful in terms of authority, form, reason, subject or purpose, it requires the cancellation of that action. can be opened by people. The sample and the basis of the administrative lawsuit petition are prepared and submitted to the court. Our administrative litigation lawyers will file your case in this way. The proceedings regarding the annulment case are the inspection of whether the administrative action is in compliance with the law. The court does not check whether the decision is in place by acting as a higher committee. With the annulment decision of the court, the administrative action is eliminated with all its provisions and consequences.

​

​

​

Administrative Actions & Transactions

​

The legality of administrative actions and transactions is examined under five main headings: authority, form, reason, subject and purpose. The legal result of the administrative act expresses the subject element. The subject of the administrative act should be for the purpose of realizing the legitimate, possible and desired result. The authority or public official who will carry out the administrative act expresses the element of authority. It expresses the form element. All of the administrative procedures are aimed at realizing the public interest.he does his work. In this sense, the objective element is whether it is in the public interest or not.

​

​

​

Enforcement of Unlawful Order

​

The superior has the authority to give orders to his subordinates hierarchically, provided that it is related to the task carried out. If the given order is unlawful, it is called an "unlawful order". The subordinate has to inform his superior that the illegal order given to him is unlawful. When the chief notifies the execution of the order given in writing, the subordinate can fulfill this order and he is not responsible for his action after the written order. If the order constitutes a crime, it cannot be carried out in any way. Otherwise, both subordinates and superiors will be responsible. Although there are exceptions to these provisions in the Turkish Armed Forces and the Law on Security Personnel, no public official has the right to immunity in terms of a criminal act in general.

​

​

​

What are the Processes Related to Administrative Jurisdiction?

​

The duration of filing an administrative lawsuit is sixty days in the Council of State and administrative courts, and thirty days in tax courts, in cases where there is no other provision in the special law. In case of a response by the administrative authorities after the expiry of the filing period, the period of filing a lawsuit will begin to run again. In case of an interest or violation of rights arising from the administrative act, a full remedy action or annulment and a full remedy action can be filed directly within sixty days. It starts to process from the day following the publication date. If the administrative lawsuit is filed in a court without jurisdiction, a lawsuit can be filed in the competent court within thirty days from the finalization of the non-jurisdiction decision. Within five years, an application is made to the relevant administration and a request is made for the compensation of the damage. If the administration rejects the request or remains silent within the time limit, a full remedy action is filed within sixty days.

​

​

​

Dismissal of a civil servant

​

Disciplinary penalties can be defined as a set of sanctions that are determined in its own special legislation in order to ensure the order of people working for a common purpose and that do not fall under any penal code. The Law No. 657 regulates the types of disciplinary penalties for civil servants and the sanctions to be applied to these penalties.

​

• strike.

• Posting prohibited publications in public institutions.

• Being a member of a political party.

• Not coming to work for a total of 20 days in a year without an excuse.

• Not obeying the orders given by the superiors in matters related to war, state of emergency or general disasters.

• Acting rape of subordinates, superiors, citizens who have jobs.

• Engaging in disgraceful and embarrassing acts incompatible with the title of civil servant.

• Disclosure of confidential information without authorization or permission.

• To hide those wanted for political and ideological actions at the place of duty.

• To engage in attitudes and behaviors that will discredit the State abroad or damage the dignity of duty.

• To commit acts contrary to the Law No. 5816 on Crimes Committed Against Atatürk.

 

Dismissal from the civil service is to be dismissed from the civil service, never to be appointed to the civil service again. In the presence of the above-mentioned conditions, a penalty of dismissal from civil service may be imposed.

​

​

​

Penalty of Suspension of Progress by a Civil Servant

​

Disciplinary penalties can also be defined as a set of sanctions that are determined in their own special legislation in order to ensure the order of people working for a common purpose and that do not fall under any criminal law.

The Civil Servants Law No. 657 regulates the types of disciplinary punishments and the sanctions to be applied to these punishments.

​

The acts and situations that require the penalty to stop progressing gradually are as follows:

 

Coming to work intoxicated or drinking alcohol at work.

Absence from work for 3 to 9 days without an excuse.

To gain self-interest in any way during the execution of public service.

To make humiliating or humiliating acts and gestures to superiors or subordinates.

To use or make use of any place belonging to the public and within the boundaries of the region where it works without permission for meetings, ceremonies and similar reasons.

Preparing unrealistic reports and documents.

Engaging in commercial activities or other profit-making activities that government officials are prohibited from doing.

To discriminate against language, race, gender, political thought, philosophical belief, religion and sect while performing their duties.

Failure to declare goods on time.

Disclosure of confidential information.

Insulting or threatening superiors, subordinates, colleagues, business citizens.

To borrow abroad and damage the reputation of the state by taking advantage of its diplomatic status.

Deliberately not following orders given by superiors.

Engaging in political party activities.

​

Progression suspension is the stopping of the officer's progress in the level he is in for 1-3 years, depending on the severity of the act. In the presence of the above-mentioned conditions, a penalty may be imposed to stop the progress of the level.

​

​

​

Public Official's Responsibility

​

If the harmful and faulty behavior of the public official has a relationship with the service, the officer's personal (in-service) fault is mentioned.

As a result of the damage caused by personal fault, the lawsuit should be filed against the administration, not against the public official. If the administration has to pay the damage caused by the personal fault of the officer, there is a case of recourse to the civil servant upon the conclusion of the case. the injured person has the right to choose to show the public official or the administration as the defendant. An example is the situation where a public official causes damage with an administrative service vehicle at a time or place that is not related to his/her duty.

A person who suffers damage as a result of a harmful and faulty behavior of a public official that is not related to the service demands compensation from the public official himself, not from the administration. In this case, it is not the faultless liability of the administration, but the wrongful act liability of the harming public official. What is mentioned here is the non-service liability and it should not be connected in any way with the service that is strictly carried out.

​

​

​

Officer's Personal Fault

​

If the harmful and faulty behavior of the public official is related to his duty, personal fault is in question.

In cases where the administration's liability for fault is in question, the case is referred directly to the administration.

If the administration pays compensation as a result of the lawsuit, the administration will recourse to the public official.

As a rule, the decisions of the administrative court must be implemented within 30 days. Otherwise, a lawsuit may be filed against the administration or against the public official who does not fulfill the decision.

In this sense, non-compliance with judicial decisions is one of the in-service faults.

The in-service behavior of a public official may also be considered a personal fault.

The case of a public official acting in bad faith and causing damage while performing his duty is also considered within this scope.

The existence of a serious fault of a public official is also considered within the scope of personal fault.

​

​

​

Assignment from Peer Status

​

For civil servants, especially teachers, the obligation to be appointed from spouse status is a frequent situation.

In practice, many civil servants' spouses request appointment based on their spouse's disability, but in the place where the assignment is requested, there is a lack of norm staff, insufficient service points, etc. For such reasons, this request is denied.

For the spouse of a civil servant subject to forced relocation, it is unlawful to reject the appointment request for the reasons mentioned above.

The relevant institution cannot justify the lack of norm staff in the place where the appointment is requested or the inadequacy of the service score.

The spouse of the officer who has been forced to relocate must benefit from the exception regarding the general appointment and assignment rules.