Administrative Lawyer

As an administrative law lawyer in Mersin, I provide support in actions for annulment (iptal davası) and full remedy actions (tam yargı davası) against the acts and actions of public institutions and bodies, municipalities and ministries; in disciplinary and appointment disputes of civil servants; in zoning and building permit processes; and in objections concerning expropriation (kamulaştırma) and administrative fines (idari para cezası). In administrative disputes, the time limits for filing a lawsuit are short and strict; once the time limit has passed, it is often no longer possible to file a lawsuit against an unlawful act.

In Which Matters Does an Administrative Law Lawyer Provide Support?

• Actions for annulment against administrative acts and requests for a stay of execution (yürütmenin durdurulması)
• Full remedy (compensation) actions for damage caused by an act or action of the administration
• Disciplinary penalties, appointments, transfers and suspensions from duty of public officials
• Zoning practices, building permits, demolition orders and zoning fines
• Expropriation and de facto expropriation (kamulaştırmasız el atma) disputes
• Public procurement and post-tender disputes
• Objections to administrative fines imposed by municipalities and other authorities
• Acts concerning examinations, student discipline and educational institutions
• Licence, permit and authorisation procedures; workplace closure orders

Action for Annulment and Full Remedy Action

An action for annulment is filed to set aside an administrative act that is unlawful in terms of authority, form, grounds, subject matter or purpose. For example, a disciplinary penalty, the cancellation of a licence or an appointment decision may be the subject of an action for annulment.

A full remedy action, on the other hand, is a lawsuit filed by those whose personal rights have been directly harmed by an administrative act or action, to obtain compensation for that damage. For damage arising from an administrative action, an application must be made to the administration before filing a lawsuit. Where the conditions are met, claims for annulment and full remedy can also be brought together.

Time Limits for Filing a Lawsuit

• Unless special laws provide a different time limit, the time limit for filing a lawsuit in the administrative courts is sixty days from the written notification of the act. In the tax courts, this time limit is thirty days.
• If the administration is asked to take an action and does not respond within thirty days, the request is deemed rejected, and the time limit for filing a lawsuit starts to run from that date.
• For damage arising from an administrative action, an application must be made to the administration within one year of learning of the action and, in any case, within five years of the action.
• As a rule, administrative fines are challenged by applying to the criminal judgeship of peace (sulh ceza hâkimliği) within fifteen days of service of the decision; for some fines, however, special laws set a different objection route and authority.

The date from which the time limit starts and the authority to which the application must be made should be assessed separately in each file; applications made to the wrong authority can lead to time limits being missed.

Stay of Execution

If implementing the administrative act would cause damage that is difficult or impossible to remedy, and the act is clearly unlawful, a stay of execution can be requested together with the lawsuit. This request is particularly important for acts such as demolition orders, workplace closures, suspension from duty and the cancellation of licences; the implementation of the act can be suspended until the court decides.

Civil Servant Discipline, Appointment and Duty Disputes

Warnings, reprimands, salary deductions, suspension of grade progression and dismissal from the civil service imposed on public officials can be challenged before the administrative courts. The court examines whether the right of defence was granted in the disciplinary investigation, the limitation periods and whether the penalty is proportionate to the act. Acts concerning appointment, transfer, promotion and performance appraisals are also subject to review by the administrative courts.

Zoning, Building Permits and Demolition Orders

Zoning plans, parcelling (parselasyon) procedures, building permits and occupancy permits (iskân), demolition orders for unlicensed buildings or buildings that do not comply with their permit, and zoning fines are among the most common issues in administrative law. In these files, plan notes, technical reports and on-site inspection (keşif) are decisive. For other real estate disputes, please see the real estate law page.

Expropriation and De Facto Expropriation

While an action for annulment can be filed in the administrative courts against the expropriation act itself, lawsuits for determining the expropriation price and for registration are heard in the ordinary (civil) courts, before the civil court of first instance (asliye hukuk mahkemesi). If the administration actually uses a property without expropriating it, or restricts the property for a long time through a zoning plan, payment and compensation can be claimed on the grounds of de facto expropriation. Which court system hears which lawsuit depends on the nature of the file.

Objecting to Administrative Fines

Municipal police (zabıta) fines, environmental and noise fines, administrative traffic fines and similar sanctions are governed by the Misdemeanours Law (Kabahatler Kanunu). As a rule, these fines are challenged by applying to the criminal judgeship of peace within fifteen days of service. For some administrative fines, however, special laws provide that the administrative court has jurisdiction; this distinction is decisive for the validity of the application.

How Are Administrative Cases Conducted in Mersin?

Lawsuits against the acts of institutions and bodies in Mersin are, as a rule, heard by the Mersin administrative courts, while tax disputes are heard by the Mersin tax courts. In appointment and disciplinary matters concerning public officials, the competent court is often determined by the place of duty. Decisions of the first-instance courts can be appealed (istinaf) to the regional administrative court (bölge idare mahkemesi), and some decisions can be appealed further on points of law (temyiz) to the Council of State (Danıştay). For tax disputes, please see the tax law page; for residence and deportation procedures concerning foreigners, please see the immigration and citizenship law page.

Frequently Asked Questions

Get an Assessment of Your Administrative Dispute

Because the time limits for lawsuits against administrative acts are short, it is important to have the matter assessed without delay. To assess the time limit, the competent court and the possibility of a stay of execution together, you can contact me through the contact page.