Actions taken by the state or municipalities may not always be in accordance with the law. The right of citizens to file an "Annulment Lawsuit" against arbitrary or erroneous actions of the administration is a constitutional right. Details of cases seen in Tekirdag Administrative Courts are in this guide.
Administrative annulment cases must be filed within 60 days. They are heard in administrative courts. A stay of execution order can suspend the administrative act pending the outcome of the case.
Against Which Acts Can a Lawsuit Be Filed?
Any action taken by the administration unilaterally using public power and affecting the legal status of the citizen can be the subject of a lawsuit. The most common examples are:
- Civil Servant Acts: Disciplinary penalties (warning, reprimand, dismissal), assignments and transfers.
- Municipal Acts: Zoning fines, demolition decisions, license cancellation.
- Other Administrative Fines: Workplace closure, environmental fines, etc.
- Student Affairs: Grade objections, disciplinary actions.
Statute of Limitations: 60 Days Rule
Periods in administrative law are very strict and are of a "forfeiture" nature. The general statute of limitations for filing a lawsuit is 60 days in Administrative Courts and 30 days in Tax Courts.
This period starts to run from the date the administrative act is notified to you in writing. If the period is missed, even if the act is 100% unlawful, the lawsuit is rejected due to "statute of limitations".
What is Stay of Execution (YD)?
Filing a lawsuit does not automatically stop the execution of the administrative act. For example, even if you file a lawsuit against a demolition decision taken by the municipality, the building can be demolished until the court makes a decision.
To prevent this, "Stay of Execution" must be requested along with the lawsuit. The law requires two conditions to be met simultaneously for a YD decision to be given:
A damage that cannot be compensated later must arise if the act is executed (E.g.: Demolition of the building, dismissal of the civil servant).
It must be understandable at first glance from the file that the act is unlawful.
Full Remedy (Compensation) Lawsuit
If you have suffered material or moral damage due to an action of the administration (e.g., an accident due to a bad road, wrong treatment in the hospital) or an act, you can file a compensation lawsuit against the administration. This is called a "Full Remedy Lawsuit" in administrative law.
Atty. Fatih Özden
Marmara University Faculty of Law Graduate | Expert Mediator
Attorney Fatih Özden operates his law office across from Çerkezköy Courthouse, specializing in family law, employment law, criminal defense, and mediation. He provides legal representation and expert mediation services in Çerkezköy, Kapaklı, and Saray regions.