Full remedy action is a type of administrative lawsuit filed by the person who has suffered damage due to any act, action or negligence of the administration in order to compensate the material and moral damages.
If the full remedy action is based on the claim for compensation for a loss arising from an administrative action, it may be filed together with the cancellation action, or it may be filed as an independent action after the finalisation of the cancellation action.
Full remedy lawsuits filed before administrative and tax courts can be appealed to the Regional Administrative Court, and appeal lawsuits can be appealed to the Council of State.
There are four types of full judgement actions in administrative law:
Full Judgement Case in the Nature of Compensation Case: When the administration harms people with its acts and actions, it is a full remedy case in which those who have suffered damage file a lawsuit for pecuniary and non-pecuniary compensation in the administrative judiciary and ensure that the damage is compensated.
Full Jurisdiction Case in the Nature of Recovery Case: The action for restitution, i.e. the action for recovery, is a type of full judicial action filed with the request for the recovery of an asset or monetary value that has been illegally transferred to the account of the administration.
Full Jurisdiction Case in the Nature of a Tax Case: Some of the lawsuits filed by the taxpayer against the basis or amount of the tax within the scope of his/her responsibility before the tax court are in the nature of full judicial proceedings, while others are in the nature of cancellation proceedings.
Full Jurisdiction Lawsuits Arising from Administrative Contracts: Administrative contracts are contracts in which the administration is one of the parties in order to provide public services, and unlike private law contracts, the administration is the dominant party in the contract. Disputes arising during the implementation of administrative contracts are resolved through a full judgement action. Damages arising from transactions prior to the execution of administrative contracts are also within the scope of damages arising from administrative transactions. However, in the lawsuits to be filed against such damages, not the provisions of the contract, but the legality of the administrative action is evaluated.
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