Administrative annulment suit is a lawsuit in which the annulment of administrative procedures is requested on the grounds that they are against the law. It is regulated in İYUK art.2/1-a.
Five Elements of Administrative Transaction
- Authority: Authorization of the administration performing the transaction
- Form: Formal conditions required by law
- Reason: Material-legal reasons on which the transaction is based
- Subject: The transaction is based on content
- Purpose: Purpose of public interest
Time to File a Lawsuit
- General: 60 days (from notification or learning of the transaction)
- Tax cases: 30 days
- Injunction/stay of execution may be requested
Judiciary Way
Administrative Court → Regional Administrative Court (appeal) → Council of State (appeal)
Typical Cancellation Cases
- Objection to disciplinary penalties
- Appointment/dismissal decisions
- Zoning plan cancellation
- Tender cancellation
- Tax penalty cancellation
- License annulment
Approach of the Council of State
The Council of State adopts that the "lawfulness audit" of administrative transactions will be carried out appropriately, but will be evaluated within the framework of administrative discretion (requirements of public service).
Administrative law lawyer support is recommended.