As Batın Yılmaz Law Firm, based in Beylikdüzü, Istanbul; administrative law, annulment of administrative acts, full remedy actions (damages suits), stay of execution, public personnel disputes, disciplinary penalties, civil servant proceedings, zoning and permit proceedings, expropriation, administrative fines, and other legal disputes arising from administration we provide legal consultancy and advocacy services within the scope of.

In disputes arising from administrative law, whether the actions carried out by public institutions and organizations comply with the law is of great importance. The conditions and time limits stipulated in the legislation must be taken into account for the annulment of an administrative act, compensation for damages caused by an administrative action or act, or the stay of execution of a specific administrative act.

Missing the statute of limitations for filing a lawsuit in administrative jurisdiction, filing a lawsuit in the wrong court, failing to use mandatory administrative application remedies, or selecting the wrong type of lawsuit can lead to severe loss of rights. Therefore, in administrative law disputes, evaluating the specific case and the legal nature of the administrative act prior to filing a lawsuit is crucial.

What is an Administrative Law Attorney?

An administrative law attorney is a lawyer who provides legal consultancy and advocacy services in disputes arising from administrative acts, administrative actions, and administrative contracts carried out by public institutions and organizations.

Administrative law is the branch of law that regulates the actions performed by the state and other public legal entities while carrying out public services and the legal relationships arising between them and individuals due to these actions.

In a dispute arising from administrative law, the legal nature of the act or action must first be determined. Accordingly, an annulment action, a full remedy action, or another legal remedy may come into question.

Disputes falling within the jurisdiction of the administrative judiciary under the Administrative Procedure Law No. 2577 are heard in the Council of State (Danıştay), regional administrative courts, administrative courts, and tax courts.

What Does an Administrative Law Attorney Do?

An administrative law attorney can provide support in legally reviewing disputes between the administration and individuals, as well as making the necessary applications.

Within the scope of the administrative law attorney's services:

Reviewing the legality of administrative acts,
Filing a lawsuit for the annulment of administrative acts,
Requesting a stay of execution,
Filing a full remedy action (action for damages),
Annulment of administrative fines,
Public personnel disputes,
Annulment of civil servant disciplinary penalties,
Annulment of appointment and reassignment procedures,
Suspension from duty proceedings,
Zoning and licensing procedures,
Annulment of demolition orders,
Expropriation disputes,
Compensation for damages arising from administrative service defects,
Disputes arising from administrative contracts,
Preparation of administrative applications,
Pursuit of administrative litigation processes,
Preparation of regional appellate and appeals applications

such legal proceedings may be included.

What Subjects Does Administrative Law Cover?

Administrative law has a very broad scope of application.

Decisions of public institutions, public personnel proceedings, zoning and licensing applications, expropriation, administrative sanctions, and damages arising from the activities of the administration may lead to disputes in various areas of administrative law.

The principal administrative law disputes are as follows:

Annulment of administrative acts,
Stay of execution,
Full remedy actions,
Civil servant and public personnel lawsuits,
Disciplinary penalties,
Appointments and reassignments,
Administrative fines,
Zoning operations,
Construction permits and occupancy permits,
Demolition decisions,
Expropriation,
Public tenders,
Administrative contracts,
Licensing and permit procedures,
Administrative service fault,
Strict liability of the administration.

What is an Administrative Lawsuit?

An administrative lawsuit is an action filed before administrative judiciary authorities to resolve disputes arising from acts or actions performed by the administration.

According to the Administrative Procedure Law No. 2577, the primary types of lawsuits in the administrative judiciary include annulment actions and full remedy actions. In addition, disputes arising from certain administrative contracts executed for the execution of public services may also fall within the jurisdiction of the administrative judiciary.

What Are the Types of Administrative Lawsuits?

Correctly determining the type of administrative lawsuit can directly affect the legal outcome of the case.

Annulment Action

An annulment action is filed to ensure the court sets aside an administrative act alleged to be unlawful.

Within the scope of İYUK, administrative acts; authority, form, reason, subject, and objective may be subject to an annulment action by alleging that they are unlawful in terms of these aspects.

For example;

Disciplinary penalties imposed on public servants,
Revocation of a license,
Demolition orders,
Administrative fines,
Administrative acts concerning official duties,
Zoning plan transactions

and similar actions may be subject to an action for annulment depending on the specific circumstances of the case.

Full Remedy Action

An action for full remedy is a lawsuit filed to compensate for the damages suffered by a person whose personal rights have been directly violated due to an administrative act or action.

In addition to material damages, compensation for non-pecuniary damages may also be claimed when the legal conditions are met.

Pursuant to Article 2 of the İYUK, actions for full remedy may be filed by those whose personal rights are directly impaired due to administrative actions and acts.

Lawsuits Arising from Administrative Contracts

Disputes arising from certain administrative contracts executed for the execution of public services may also fall within the jurisdiction of the administrative judiciary.

However, it should not be forgotten that not every public institution contract automatically qualifies as an administrative contract.

The nature of the contract and the legal source of the dispute must be evaluated separately.

What is an Administrative Act?

An administrative act is an action unilaterally established by the administration using its public power, producing legal consequences.

When evaluating whether an administrative act is lawful, the elements of authority, form, ground, subject matter, and objective are taken into consideration.

The unlawfulness of an administrative act in terms of any of these elements may result in the annulment of the act, depending on the specific circumstances of the case.

Annulment of Administrative Acts

An annulment action may be filed in the administrative judiciary for the annulment of an unlawful administrative act that violates a person's interest.

In the petition:

Identification of the act subject to the lawsuit,
The date of service of the act,
Grounds for unlawfulness,
Element of authority,
Element of form,
Element of ground,
The element of subject matter,
The element of purpose,
The request for a stay of execution, if any

it is important to set forth such matters accurately.

Stay of Execution

If the continued enforcement of the administrative act may cause the individual to suffer damages that are difficult or impossible to compensate, a stay of execution may be requested during the proceedings.

A stay of execution is not a decision that definitively annuls the merits of the administrative act. It is a protective mechanism aimed at temporarily suspending the enforcement of the act until the conclusion of the lawsuit, provided that certain conditions are met.

For a request for a stay of execution to be granted, the conditions stipulated in the legislation must be met in terms of the specific case.

Cancellation of Administrative Fines

Administrative fines imposed by public authorities may fall within the jurisdiction of different judicial authorities depending on the conditions set forth in the relevant legislation.

Therefore, it must first be determined by which institution, based on which statutory regulation, and through which procedure the administrative fine was imposed.

Since incorrectly determining the competent judicial forum and the application deadline may lead to a loss of rights, it is important to conduct a legal review after the service of the fine.

Civil Servant and Public Personnel Lawsuits

Administrative acts encountered by public personnel in connection with their duties may constitute a significant portion of administrative law disputes.

Regarding public personnel;

Appointment,
Reassignment,
Change of duty station,
Disciplinary penalty,
Suspension from office,
Advancement and personnel rights,
Retirement procedures,
Dismissal from office,
Termination of contract

and similar administrative actions may be challenged in the administrative judiciary depending on the specific circumstances of the case.

Annulment of Disciplinary Penalties

Disciplinary penalties imposed on civil servants and other public officials must be in compliance with the law.

Circumstances such as the failure to conduct the disciplinary investigation in accordance with the procedural rules, the violation of the right to defense, the imposition of a penalty by an unauthorized authority, or the lack of a legal basis for the penalty may be significant for the annulment of the administrative act, depending on the specific facts of the case.

Following the service of the disciplinary penalty, a separate assessment must be made regarding the statute of limitations for filing a lawsuit.

Suspension from Duty Proceedings

Suspension from office is a temporary administrative measure that may be applied against public officials upon the fulfillment of certain conditions.

The legal basis of the suspension order, whether it was issued by the competent authority, and whether the conditions stipulated in the relevant legislation are met can be subject to judicial review.

Appointments, Transfers, and Reassignments Lawsuits

Appointment, reassignment, and duty change transactions established regarding public officials may also be subject to administrative judicial review depending on the specific circumstances of the case.

In such disputes, the conformity of the administrative act with the public interest and service requirements, as well as its legality in terms of authority, form, reason, subject, and objective, are evaluated.

Zoning Law and Permit Disputes

Zoning practices encompass numerous procedures carried out by municipalities and other administrative authorities.

In administrative disputes arising from zoning law:

Zoning plans,
Plan amendments,
Construction permits,
Occupancy permits,
Demolition decisions,
Revocations of permits,
Zoning fines,
Construction suspension records

such proceedings may arise.

For each of these proceedings, the competent jurisdiction, the statute of limitations for filing a lawsuit, and the applicable legal remedy must be determined separately.

Expropriation Lawsuits

Expropriation encompasses administrative and legal proceedings concerning real estate under private ownership carried out for the purpose of public interest.

During the expropriation process;

Expropriation proceedings,
Determination of compensation,
De facto expropriation (impairment without expropriation),
Urgent expropriation,
Expropriation compensation,
Title deed transactions

such as various disputes may arise.

Depending on the nature of the dispute, the jurisdiction of administrative courts or judicial courts may come into question; therefore, it is important to make the correct legal characterization before filing a lawsuit.

Tort Liability of the Administration

In the event that individuals suffer damages due to the actions or transactions of the administration, the tort liability of the administration may arise when the statutory conditions are met.

When evaluating the liability of the administration, the nature of the incident, the existence of damage, the causal link between the damage and the administrative activity, and the applicable principles of liability are examined.

An action for full remedy (damages) may come into question in such disputes.

Statute of Limitations for Filing an Administrative Lawsuit

Deadlines are of utmost importance in administrative lawsuits.

Although general limitation periods for filing lawsuits are regulated under İYUK numbered 2577, different periods may be stipulated in certain special laws.

Therefore, a general approach such as "administrative lawsuits can always be filed within 60 days" is not accurate.

When determining the limitation period for filing a lawsuit;

The type of the administrative act,
The date of service of the act,
Special statutory provisions,
Whether an administrative application has been made,
The nature of the dispute

must be taken into consideration.

Missing the limitation period may result in the dismissal of the lawsuit due to time-bar.

Administrative Appeal Prior to Filing a Lawsuit

In certain disputes, it may be required to file an application with the relevant administration prior to initiating a lawsuit.

Pursuant to Article 11 of the İYUK, individuals may apply to the superior authority—or to the authority that performed the act if no superior authority exists—within the administrative lawsuit filing period, requesting the revocation, withdrawal, modification, or issuance of a new administrative act. The effect of this application on the lawsuit filing period is regulated by law.

However, the same application procedure does not apply to every administrative dispute.

It must also be verified whether there are mandatory administrative application routes stipulated in special laws.

Where to File an Administrative Lawsuit?

The court before which the administrative lawsuit will be filed is determined according to the nature of the dispute and the rules of jurisdiction.

Administrative courts, tax courts, regional administrative courts, and the Council of State (Danıştay) constitute the fundamental elements of the administrative judiciary system.

The lawsuit must be filed in the court with subject-matter jurisdiction and territorial competence.

Filing a lawsuit in the wrong court may lead to serious procedural issues depending on the nature of the dispute.

Administrative Adjudication Process

Administrative litigation is generally subject to written trial procedures, and examinations are primarily conducted on the case file.

In general, the administrative litigation process consists of;

Examination of the administrative act or action,
Determination of the statute of limitations for filing a lawsuit,
Evaluation of necessary administrative applications,
Preparation of the complaint petition,
Submission of the lawsuit to the competent and authorized court,
Receipt of the administration's defense,
Plaintiff's submission of the reply to the defense,
Court's review of the case file,
Execution of expert witness or on-site inspection proceedings if deemed necessary,
Evaluation of the request for a stay of execution,
Court's rendering of a judgment

may consist of these stages.

The process may vary depending on the nature of the case.

Appeal and Appellate Review Against Administrative Court Decisions

Depending on the nature of the decision and the conditions stipulated by law, an appeal may be filed against the decisions of the administrative court.

Pursuant to Article 45 of İYUK, an appeal may be filed with the regional administrative court under certain conditions against the decisions of administrative and tax courts. The appeal period is generally 30 days from the service of the decision; however, a separate evaluation must be made regarding legal remedies based on the nature of the decision.

Appeal to the Council of State (Danıştay)

An appeal on points of law (temyiz) may be filed with the Danıştay against the decisions of the regional administrative courts, provided that the conditions specified by law are met.

The remedy of appeal on points of law is not available for every administrative lawsuit.

Therefore, following the service of the court decision, it is necessary to determine whether the decision is subject to a legal remedy and to ascertain the filing deadline.

How Long Does an Administrative Lawsuit Take?

There is no single statute of limitations applicable to all administrative law lawsuits.

The duration of the proceedings depends on:

The nature of the dispute,
The workload of the court,
The scope of the case file,
Expert witness or on-site inspection proceedings,
The request for a stay of execution,
Upon application for appeal or cassation review

may vary depending on.

Therefore, it is not accurate to state that an administrative lawsuit will be concluded within a definitively specific timeframe.

Administrative Law Attorney Fees

There is no single fixed amount for administrative law attorney's fees.

In determining the attorney's fee;

The type of lawsuit,
The legal and technical scope of the dispute,
The nature of the case file,
The request for a stay of execution,
The stages of the lawsuit and legal remedies,
The scope of the necessary legal work

such elements may be taken into consideration.

In the determination of attorney's fees, the applicable Union of Turkish Bar Associations Minimum Wage Tariff and the relevant legislation are taken as a basis.

For current fee information, you may review our [Attorney's Fee Schedule] page.

Is It Mandatory to Hire an Administrative Law Attorney?

It is generally not mandatory to retain a lawyer to file a lawsuit in the administrative court.

However, obtaining professional legal assistance may be beneficial due to the short limitation periods in administrative lawsuits, the importance of jurisdiction and venue rules, the accurate determination of the type of lawsuit, and the technical articulation of the grounds for the illegality of the administrative act.

It is important for the case file to be reviewed by an expert lawyer, particularly in legal and technical disputes such as requests for a stay of execution, public personnel disputes, zoning litigation, expropriation, and high-value compensation claims.

Administrative Law Frequently Asked Questions

What cases does an administrative law attorney handle?

An administrative law attorney can provide legal assistance in disputes such as annulment of administrative acts, full remedy actions (damages suits), stay of execution, public personnel disputes, disciplinary penalties, zoning and licensing procedures, expropriation, and administrative sanctions.

What types of lawsuits are filed in the administrative court?

Annulment of administrative acts, compensation for damages incurred due to administrative actions and operations, and other disputes falling under the jurisdiction of the administrative judiciary pursuant to relevant legislation may be heard in administrative courts.

What is an annulment action?

An annulment action is a lawsuit filed to set aside an administrative act alleged to be unlawful.

What is a full remedy action?

A full remedy action is an administrative lawsuit filed to compensate for the damage suffered by a person whose personal rights have been directly violated due to an administrative act or action.

How is the annulment of an administrative act carried out?

If it is claimed that an administrative act is unlawful, an annulment action may be filed with the competent and authorized administrative judicial authority. Before filing a lawsuit, the nature of the act and the statute of limitations for filing a lawsuit must be examined.

What is the statute of limitations for filing an administrative lawsuit?

The period for filing an administrative lawsuit may vary depending on the type of dispute. Since there may be different time limits in special laws in addition to general periods, a separate evaluation must be made regarding the specific case.

How is the stay of execution of an administrative act obtained?

A stay of execution may be requested during the course of the lawsuit. For the request to be granted, the conditions stipulated by law must be met in terms of the specific case.

Can a lawsuit be filed against a civil servant disciplinary penalty?

If it is considered that the disciplinary penalty imposed on a civil servant is unlawful, filing an annulment action in the administrative judiciary may be considered, depending on the nature of the act and the applicable legislation.

How to appeal an administrative fine?

The authority to apply against an administrative fine may vary depending on the law underlying the fine and the nature of the act. Therefore, the relevant legislation must be examined following the service of the penalty decision.

Can a lawsuit be filed against a zoning plan?

Zoning plans and plan amendments may be subject to an annulment action in the administrative judiciary when the conditions are met. The specific case must be separately evaluated in terms of the statute of limitations for filing a lawsuit and legal standing.

Can a lawsuit be filed against a demolition order?

Demolition orders may be subject to an annulment action in the administrative judiciary when the conditions are met, by claiming that they are unlawful. In cases where delay would cause irreparable harm, a stay of execution may also be requested.

Is the damage caused by the administration compensated?

If a person suffers direct damage due to an administrative act or action, and the conditions for the administration's liability are met, compensation can be claimed through a full remedy action (tam yargı davası).

Is it mandatory to hire a lawyer in an administrative lawsuit?

No. As a general rule, representation by a lawyer is not mandatory in administrative lawsuits. However, obtaining legal support may be important due to the strict time limits and procedural rules in administrative jurisdiction.

How long does an administrative law lawsuit take?

The duration of the lawsuit varies depending on factors such as the workload of the court, the nature of the dispute, the scope of the case file, and whether legal remedies are pursued.

Can an appeal (istinaf) be filed against an administrative court's decision?

Depending on the nature of the decision and the conditions specified in the law, an appeal (istinaf) against an administrative court's decision can be filed before the regional administrative court. The general appeal period is 30 days from the service of the decision; however, it must be specifically verified whether a legal remedy is available for the specific case at hand.

Legal Support in Administrative Law Cases

One of the most important issues in disputes arising from administrative law is the accurate determination of the legal nature of the administrative act or action.

Whether to file an action for annulment, a full remedy action, or pursue another legal remedy must be determined based on the nature of the act, the damage suffered by the individual, and the relevant legislation.

Furthermore, the statute of limitations for filing a lawsuit, the competent and authorized court, mandatory administrative application procedures, and the conditions for a stay of execution should be evaluated before filing a lawsuit.

As Batın Yılmaz Law Firm, based in Beylikdüzü, Istanbul;

Annulment actions against administrative acts,
Full remedy actions,
Stay of execution,
Civil servant and public personnel lawsuits,
Annulment of disciplinary penalties,
Appointment and reassignment lawsuits,
Administrative fines,
Zoning and permit disputes,
Annulment of demolition orders,
Expropriation disputes,
Tort liability of the administration,
Administrative applications,
Regional appellate and supreme court (appeal) proceedings

we provide legal consultancy and advocacy services.

If you believe you have suffered a loss of rights due to an administrative act or decision, it is important to conduct a legal evaluation without delay, particularly regarding the date of notification of the act and the statute of limitations (filing period) .

You may contact us to receive legal support regarding your administrative law dispute.

Legal Disclaimer: The information on this page has been prepared for general informational purposes. Litigation periods, rules of jurisdiction and venue, mandatory administrative application procedures, and legal remedies in the field of administrative law may vary depending on the nature of the dispute and specific legislation. For a specific case, the current legislation and the content of the relevant administrative act must be examined separately. This content does not constitute legal advice or legal representation for a specific case.