Administrative law and actions against the state
Annulment and full remedy actions against the acts and decisions of public authorities.
- Administrative cases
Last updated: · Av. Şeref Şahin
Administrative law reviews whether decisions made by ministries, municipalities, governorships and other public bodies are lawful. An unlawful act can be set aside through an annulment action in the administrative court, and a full remedy action can be brought for any loss suffered.
Deadlines in administrative cases are short, and missing them means losing the right to sue. The general time limit is 60 days before administrative courts and 30 days before tax courts; special laws may set shorter periods.
When legal advice may be needed
- You have received a decision about your appointment, post or employment rights as a public servant
- The municipality has ordered a demolition, sealed your premises or imposed a fine
- Your application for a zoning plan change, building permit or occupancy permit was refused
- Your property has been expropriated or taken over without formal expropriation
- You were unfairly excluded from a public tender
- You have suffered loss because of an act of the authorities
Services
- Annulment actions and requests for a stay of execution
- Full remedy (compensation) actions
- Appointment, removal from office and employment rights of public servants
- Actions against zoning, permit, demolition and sealing decisions
- Expropriation cases and claims for de facto takings without expropriation
- Public procurement disputes
- Objections to administrative fines
- Appeals to the regional administrative courts and the Council of State
Common questions in this area
What is the deadline for filing an administrative action?
Unless a special law sets a different period, the deadline is 60 days for administrative courts and 30 days for tax courts. The period starts from the date the act is notified in writing. Missing it leads to the case being dismissed.
What does a stay of execution do?
It temporarily suspends the act while the case is pending. Two conditions must both be met: the act must be clearly unlawful, and carrying it out must cause harm that would be difficult or impossible to undo.
What happens if I apply to the authority and get no reply?
If an application to the authority is not answered within 30 days, it is deemed rejected. The deadline for filing a case starts running from this implied rejection.
What is the difference between an annulment action and a full remedy action?
An annulment action aims to set aside an unlawful act, while a full remedy action seeks compensation for loss caused by an act or action of the authorities. The two can be filed together.