Administrative recourse to the authority that has taken the action will only suspend the time limit for filing an administrative lawsuit in the absence of senior authority. In this context, there are recent administrative judicial decisions stating that the senior authority of the Turkish Competition Board ("Board") is the Turkish Ministry of Trade ("Ministry").
The nature of the relationship between the two authorities is also important in terms of the Ministry's power to control the decisions of the Board. If the Ministry is not the senior authority, administrative tutelage will be in question and the control will have to be carried out within the limits determined by the law. In our article, you will find our evaluations on how the administrative tutelage should be interpreted against the broad wording of the law.
To download Baseak CORE Papers No:10 (only in Turkish), please click here.
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