Types Of Administrative Law Cases
Administrative law is the branch of law that aims to protect the rights and freedoms of the individual against the superior authority of the administration in legal disputes that individuals have with the state and the relevant administrative institutions of the state. The subjects that fall within the field of administrative law are the cancellation lawsuits filed against the administrative actions taken by the administration against the citizens and the full remedy lawsuits filed for the compensation of material and moral damages arising from the actions and transactions of the administration. In addition, expropriation lawsuits and lawsuits arising from administrative contracts are other types of lawsuits that fall within the field of administrative law.
Administrative law is a branch of law that requires mastery of the constitution and relevant legislation. Administrative law does not have a single and collective legislation. The rules and legislation to be applied vary according to the administrative organisation or public legal entity that is a party to the dispute. For this reason, not knowing an existing legislation or a newly adopted regulation may cause great loss of rights.
WHAT IS A CANCELLATION CASE?
The types of lawsuits in the administrative judiciary are regulated in Article 2 of the Administrative Jurisdiction Law No. 2577. Accordingly, the cases seen in administrative courts;
Cancellation cases
Full judgement cases
Cases arising from administrative contracts
An action for annulment is a lawsuit filed by those whose interests are violated for the cancellation of administrative acts because they are contrary to the law in terms of authority, form, reason, subject and purpose. There are 2 conditions for filing an action for cancellation. The first of these is an established administrative action, and the second is the violation of the plaintiff’s interest.
WHAT IS A FULL JUDGEMENT CASE?
Full judgement lawsuit; In accordance with the Administrative Procedure Law No. 2577, lawsuits filed by those whose personal rights are directly affected by administrative actions and transactions are called. The first condition for filing a full judgement lawsuit under this article must be an administrative act or action. The second condition is that the personal rights of those concerned must be violated by this administrative act or action.
Full judgement lawsuits are administrative lawsuits filed by those whose personal rights are violated due to administrative acts and actions and are subject to the compensation of the damage or the restoration of the right arising within the scope of the responsibility of the administration according to the rules of public law.
WHAT IS ADMINISTRATIVE JURISDICTION?
Administrative judiciary is the type of judiciary tasked with resolving disputes arising from the activities of administrative authorities in the field of administrative law. The courts of first instance in general administrative jurisdiction are administrative and tax courts. Duties of these courts are regulated in the Law No. 2576 on the Establishment and Duties of Regional Administrative Courts, Administrative Courts and Tax Courts.
The Regional Administrative Court is the second instance judicial authority. In other words, the decisions rendered by the Administrative Courts are appealed to the Regional Administrative Court.
The Council of State is the supreme court in general administrative judgement. Pursuant to Article 155 of the Constitution, the Council of State is the final review authority for the decisions and judgements rendered by the administrative courts and not reserved by law to another administrative judicial authority. It also hears certain cases specified in the law as the first and last instance.
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