Administrative Lawsuit Guide in Turkey: Annulment & Full Remedy

Types of Administrative Lawsuits

Annulment Lawsuit (İptal Davası)

Lawsuits filed to annul administrative acts that are contrary to the law. This type of lawsuit is crucial for appealing decisions like residence permit rejections and deportation orders.

Full Remedy Lawsuit (Tam Yargı Davası)

Lawsuits requesting compensation for damages arising from the arbitrary or faulty acts and actions of administrative institutions.

Administrative Contract Disputes

Disputes related to contracts concluded with the administration.

Annulment Lawsuit: Grounds for Illegality (İYUK Art. 2)

An annulment lawsuit is filed by those whose interests are violated when administrative acts are contrary to the law in one of the aspects of competence, form, reason, subject, and purpose (İYUK Art. 2/1-a). These five elements are the foundation of the judicial review of an administrative act:

• Competence (Yetki): The authority performing the act is not authorized to do so (lack of jurisdiction in terms of person, place, subject, or time).
• Form (Şekil): Failure to comply with the procedural and formal rules to which the act is subject (for example, issuing a disciplinary penalty without taking a defense).
• Reason (Sebep): The material or legal reason on which the act is based does not exist at all or is contrary to the truth.
• Subject (Konu): The legal consequence (judgment) produced by the act is contrary to the law.
• Purpose (Maksat): The act is carried out for a purpose other than public interest (abuse of power).

If any of these reasons exist, the act can be annulled; an annulment decision eliminates the act retroactively from the moment it was established.

Full Remedy Lawsuit: Compensation for Damages

A full remedy lawsuit is filed for the compensation of the damages suffered by persons whose personal rights have been directly violated due to an administrative act or action (İYUK Art. 2/1-b). While an annulment lawsuit removes the act from the legal world, a full remedy lawsuit provides monetary compensation. The administration's liability is mostly based on the principle of service fault (the service functioning poorly, late, or not at all); in some cases, strict liability (social risk, principle of equality before public burdens) applies. Both lawsuits can also be filed together.

Critical Deadlines

The 60-day application period is a strict deadline (hak düşürücü süre) - missing this period completely eliminates your rights in the lawsuit. Tax lawsuits are subject to a 30-day period.

Lawsuit Filing Periods and Suspension of the Period (İYUK Art. 7-10-11)

In administrative jurisdiction, unless a different period is stipulated in special laws, the periods are as follows (İYUK Art. 7):

• 60 days: Lawsuits to be filed in the Council of State and administrative courts (in administrative disputes, it starts from the day following the date the written notification is made). Important Note for Foreigners: Appeals against residence permit rejections and deportation orders are subject to specific, much shorter deadlines (e.g., 60 days for residence permits, but strictly 7 days for deportation orders) according to the Law on Foreigners and International Protection (YUKK).
• 30 days: Lawsuits to be filed in tax courts (starts according to the accrual, notification, or payment date).

There are two important ways to manage the lawsuit filing period:

• Application to the administrative authority (Art. 10): The concerned party may apply to the administrative authority for an act to be performed; if no response is given within 30 days, the request is deemed rejected, and the lawsuit filing period begins to run.
• Application to the higher authority (Art. 11): Within the lawsuit filing period, the removal/withdrawal/modification of the act can be requested from the higher authority (or the authority performing the act if there is no higher authority). This application suspends the lawsuit filing period that has started to run; if the request is rejected or no response is given within 30 days, the period resumes from where it left off. This path is a valuable opportunity for a solution with the administration before the period expires.

Administrative Judicial Process

It is necessary to apply to the administrative court with a petition. The defendant administrative institution must respond within 30 days. The system is carried out through written procedure; oral hearings are generally not held unless specifically requested or deemed necessary.

Stay of Execution (Yürütmenin Durdurulması - İYUK Art. 27)

Filing a lawsuit against an administrative act does not automatically suspend the execution of the act (İYUK Art. 27/1). Therefore, in acts that will cause irreversible consequences (for example, the suspension of a civil servant, the cancellation of a license, or in many cases, immigration-related enforcement), a stay of execution must also be requested.

The court may suspend the execution if two conditions occur together:

1. The implementation of the administrative act will result in damages that are difficult or impossible to compensate,
2. The administrative act is clearly contrary to the law.

The decision is, as a rule, given with justification after the defense of the defendant administration is taken; it is ruled against a guarantee (no guarantee is taken from the administration). An appeal against the decisions given regarding stay of execution requests can be made once within 7 days from the notification. In tax disputes, filing a lawsuit automatically suspends the collection procedures of the part subject to the lawsuit (Art. 27/4).

Legal Remedies in Administrative Jurisdiction (Appeal and Cassation)

The lawsuit does not end with the decision of the court of first instance (administrative or tax court); legal remedies are open:

• Appeal (İstinaf - İYUK Art. 45): Against the decisions of the administrative and tax courts, an appeal application is made to the regional administrative court within the judicial district of the court within 30 days from the notification of the decision; the regional administrative court re-examines the merits of the case. However, decisions regarding annulment and full remedy lawsuits whose subject matter does not exceed a certain monetary limit (31,000 TL as of 2024; updated every year at the revaluation rate) are final and closed to appeal.
• Cassation (Temyiz - İYUK Art. 46): Against the appealable decisions of the regional administrative court, an application can be made to the Council of State (Danıştay) within 30 days from the notification; the Council of State reviews the decision in terms of compliance with the law.

Therefore, attention must be paid not only to the first-instance decision but also to the legal remedy periods in an administrative lawsuit; these periods are also strict deadlines.

Frequently Asked Questions

How many days is the administrative lawsuit filing period?

Unless there is a different period in the special law, it is 60 days in the Council of State and administrative courts, and 30 days in tax courts (İYUK Art. 7). The period starts from the day following the date the written notification is made and is a strict deadline. Note that for deportation orders, this is strictly 7 days.

Can I suspend the lawsuit filing period?

Yes. If you apply to the higher authority (or the authority performing the act if there is no higher authority) within the lawsuit filing period, the period is suspended (İYUK Art. 11); if the request is rejected or no response is given for 30 days, the period continues to run from where it left off.

Does the act stop when I file a lawsuit?

No; as a rule, filing a lawsuit does not suspend the execution of the act. If there is a difficult-to-compensate damage and clear illegality, a stay of execution must also be requested (İYUK Art. 27). In tax lawsuits, filing a lawsuit automatically suspends the collection.

What is the difference between an annulment lawsuit and a full remedy lawsuit?

An annulment lawsuit removes the unlawful act; a full remedy lawsuit provides compensation for the damage arising from the act/action. Both can be filed together.

Missing the deadlines in these disputes (especially the 60-day lawsuit filing period or the 7-day deportation appeal period) is of critical importance. As an administrative lawyer in Gaziantep, you can contact Av. M. Furkan Gür for a free preliminary consultation.