Administrative cases in Turkey requires a strategic legal advice. Preparation and submission of petitions for any administrative dispute is an essential beginning for administrative cases in Turkey.
Introduction
In short, this article provides a comprehensive overview about administrative cases in Turkey. All administrative acts and actions are bound by the law. This principle is reiterated in Article 2 of the Turkish Constitution guaranteeing the rule of law. Administrative disputes are settled by administrative courts in Turkey, as will be evaluated below.
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What is the meaning of Administrative Court for administrative cases in Turkey?
Pursuant to Article 10 of Turkish Constitution, state organs and administrative authorities should act in compliance with the principle of equality before the law in all their proceedings. To clarify, it is essential that administrative courts are instituted to settle administrative disputes between individual and administrative authorities. All administrative acts and|or actions can be challenged before the administrative courts in Turkey.
What is the High Court or Supreme Judicial Authority for administrative cases in Turkey?
In Turkey, the fundamental feature of the judicial system is that it is so scattered. Thus, it necessarily follows that there is no single highest court; it is changeable according to the type of dispute.
In this context, first instance administrative courts are composed of tax courts and administrative courts in Turkey. Administrative and tax courts are composed of one presiding judge and two member judges.
The District Administrative Courts perform limited functions as an appeal court. However, the Council of State performs its duties as the highest administrative tribunal in Turkey. More precisely, the Council of State is the final arbiter of administrative cases in Turkey.
How to lodge a valid petition for administrative cases in Turkey?
In accordance with Article 125 of the Turkish Constitution, recourse to judicial review shall be available against all actions and acts of administration. Time limit to file a lawsuit against an administrative act begins from the date of written notification of the act under the same article.
What is more, every single foreigner has a right of petition before relevant competent authorities. According to Article 74, citizens and foreigners' resident in Turkey, with the condition of observing the principle of reciprocity, have the right to apply in writing to the competent authorities and to the Grand National Assembly of Turkey with regard to the requests and complaints concerning themselves or the public.
Conclusion
Given aforementioned analysis, it is worth reiterating that the Turkish justice system has a scattered system. To conclude, in the lack of a full-fledged legal guidance, it is quite challenging to understand where to lodge your petition on time. Time-limit and jurisdiction represent the most important admissibility criteria for all legal actions including for administrative cases.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
