Full jurisdiction lawsuit is a type of administrative lawsuit in which the person who suffered damage as a result of the transaction, action or negligence of the administration requests compensation. It is regulated in IYUK article 2/1-b.
Liability of the Administration
- Service defect: Late, incomplete or faulty service provision
- Perfect liability: Danger liability, equalization of sacrifice
- Administrative negligence after natural disaster
Typical Scenarios
- Road Accidents due to maintenance failure
- Faulty seizure/arrest
- Hospital administrative defect (public hospital)
- Traffic lights not working
- Police violence
Process
- Written application to the administration (implicit rejection if the administration does not make a decision within 60 days)
- Suit in the administrative court (60 days in)
- Expert report
- Decision
- Appeal - Regional Administrative Court
- Appeal - Council of State
Approach of the Council of State
The Council of State adopts that concrete administrative negligence for service defect will be evaluated on the basis of "reasonable behavior criterion" and will be evaluated by comparing it with the possibilities available to the administration.
Administrative law lawyer support is recommended.