The administrative court is one of the main courts in charge of hearing administrative lawsuits filed against unlawful acts and actions of the administration.
The administrative court is the first instance court with general jurisdiction in administrative judgement. Since the administrative court is the court with general jurisdiction, other courts do not have the duty to hear administrative cases unless expressly authorised by law.
The establishment and duties of administrative courts are regulated by Law No. 2576. The determination or change of the jurisdictional circle of administrative courts is decided by the HSK
What are the cases that the Administrative Court is responsible for?
Administrative courts are assigned to hear the following administrative cases, except for the cases falling under the jurisdiction of the tax courts and those to be resolved by the Council of State in the first instance:
Cases relating to disputes between the parties arising out of administrative contracts concluded for the execution of one of the public services, except for disputes arising out of concession agreements and contracts for which arbitration is foreseen,
Matters to which other laws explicitly assign the administrative court,
Cases which are stated in special laws that the Council of State has jurisdiction and cases in which administrative courts are assigned by the Administrative Procedure Law are also within the jurisdiction of the administrative court.
HOW IS THE JURISDICTION OF THE ADMINISTRATIVE COURT DETERMINED?
What is meant by the jurisdiction of the administrative court is the jurisdiction in terms of location. In other words, which administrative court is geographically authorised to hear the administrative case. The competent administrative court is the administrative court in the location of the administrative authority that has issued the administrative act or administrative contract that is the subject of the lawsuit. In administrative law, jurisdiction is a matter of public order and is observed by the court ex officio.
If special laws authorise another administrative court with a special provision, that court shall hear the administrative case. Law No. 2577 on Administrative Procedure contains some exceptional and special provisions in terms of jurisdiction between Articles 32 and 38.
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