Full jurisdiction lawsuit is a compensation lawsuit filed by those whose personal rights have been directly damaged due to administrative procedures and actions. It is regulated in İYUK numbered 2577 art.2/1-b: "Full jurisdiction cases filed by those whose personal rights are directly affected due to administrative actions and transactions."
Difference between Annulment Case and Full Jurisdiction Case
| Criteria | Annulment Case | Full Jurisdiction Case |
|---|---|---|
| Purpose | Cancellation of the transaction | Compensation for the damage |
| Condition | Violation of interests | Violation of personal rights and damage |
| Result | Transaction canceled with retroactive effect | Compensation payment |
| Duration (administration) | 60 days | 1 year + 5 years (for actions) |
| Preliminary application | Optional | Compulsory for actions (art.13) |
Subject Matter of Full Jurisdiction Case
There are two types of sources that will give rise to the responsibility of the administration:
1) Liability Arising from Administrative Action
Compensation for the damage suffered due to an unlawful administrative action. It is not compulsory for an annulment lawsuit to have been filed in advance; However, it can also be filed together with the annulment lawsuit or after the annulment decision.
2) Liability Arising from Administrative Action
It is opened due to actual actions of the administration (e.g. damages incurred during the execution of public services). Classic examples: medical malpractice in a public hospital during treatment, disproportionate use of force by the police, accidents caused by road neglect, injury in military service.
Types of Responsibilities of the Administration
1) Service Defect
It is the responsibility of the administration for the damage arising from the poor operation, late operation or non-operation of the public service. It is caused by the structural/organizational errors of the administration, regardless of the personality of the civil servant.
Example: Delay in treatment of the patient due to lack of medicine in hospital stocks → service defect.
2) Personal Fault
Damage arising only from purely personal error of the officer during his duty. In this case, the responsibility lies directly with the officer; The administration may recourse the compensation paid to the civil servant.
3) Strict Liability (Risk Principle)
Even if there is no fault, the administration may be liable:
- Danger liability:Dangerous activities (military training, public order operations)
- Social risk: Natural disasters, terrorist acts (Law No. 5233 on Compensation for Damages Resulting from Terrorism and the Fight against Terrorism)
- Benefit imbalance: Excessive burden placed on the individual for the public good
Periods (IYUK art.13)
Full Jurisdiction Cases Filed Due to Administrative Action
- If filed together with an annulment lawsuit: Within the annulment lawsuit period (60 days)
- If filed after the annulment lawsuit: 60 days from the notification of the annulment decision
- If compensation is requested directly without filing an annulment lawsuit: 60 days from the notification of the transaction
Due to Administrative Action (Mandatory Pre-Application - İYUK art.13)
Those whose rights have been damaged due to administrative actions must apply to the administration within 1 year before filing a lawsuit. In any case, application must be made within 5 years from the action.
If the administration does not respond to the application within 60 days, the request is deemed rejected. A full jurisdiction lawsuit is filed within 60 days from the date of rejection or implied rejection.
Compensation Calculation
Damage items that can be claimed in full jurisdiction cases:
- Material damage: Treatment expenses, loss of earnings, labor value lost due to disability, property/belongings damage
- Pecuniary damage:Sadness, anguish, mental shock (area accepted in administrative law by the jurisprudence of the Constitutional Court)
- Lack of support:For relatives in case of death
An actuary expert is used in the calculation. Joint fault is taken into account; Compensation is determined according to the administration's fault rate.
Jurisdictional and Competent Court
- Authorized by: Administrative Court (Tax Court in tax terms).
- Authority (İYUK art.32-36):
- Generally, the court where the administration performing the transaction/action is located
- In full jurisdiction cases arising from the action, the place where the administrative action that caused the damage took place
- The court responsible for cases involving public officials
Interest
Legal interest is applied to the compensation awarded in full jurisdiction cases. Interest start:
- Date of application to the administration (in cases of compulsory application)
- Date of the case (in cases of direct litigation)
- Date of the incident (interpretation adopted in some decisions of the Constitutional Court)
Frequently Encountered Full Jurisdiction Cases
- Malpractice in healthcare (public hospital, state university medical faculty)
- Disproportionate use of force by police/gendarmerie
- Allegations of ill-treatment in prison
- Injury/death during military service
- Damages arising from faulty discharge
- Damages arising from zoning plan applications
- Damages arising from confiscation without expropriation
- Traffic accidents due to lack of maintenance of highways/infrastructure
- Natural disaster/terrorism victimization compensation (Law No. 5233)