Administrative Law can be called the most comprehensive field of law, as the acts and transactions of the administration constitute the field of application of numerous laws, regulations, directives, circulars and other legislative provisions. In this respect, it is important that the lawyers who will take part in administrative lawsuits are highly competent and experienced.
According to the Administrative Procedure Law No. 2577, administrative lawsuits are of three types: annulment lawsuits, full remedy lawsuits and lawsuits related to disputes arising from administrative contracts.
In the event that the subject matter, reason, authority, form and purpose, which constitute the elements of the administrative act, are contrary to the law in one aspect, a lawsuit for annulment may be filed by persons who have a violation of interest. Those whose personal rights are directly affected by the acts and actions of the administration also have the right to file a full remedy action.
The primary condition for filing an annulment action is that the administrative action must be executable and final. The other important condition is that the person who will file a lawsuit must have violated his/her interest due to the administrative action. The interest mentioned here must be legitimate, current and personal. If these conditions are not met, the Court decides to dismiss the case without going into the merits as a result of the first examination.
The subject matter of a full remedy action is the acts and actions of the administration. Persons may suffer material or immaterial damages while carrying out administrative activities. The administration is obliged to compensate the damages of the persons whose personal rights are directly damaged (impaired) due to the acts and actions.
In disputes arising from administrative contracts; the preparation process until the establishment of the contract, the execution of the service and the termination of the contract may be the subject of administrative litigation. While only the parties to the contract have the capacity to sue during the preparatory phase prior to the conclusion of the contract and the termination of the contract, those who receive public services through the execution of the contract also have the capacity to sue at this stage.
Fethiye Law Office and Mediation Center provides legal support to real or legal persons whose interests have been violated or whose personal rights have been violated due to administrative transactions and actions, by providing legal support with experienced administrative litigation lawyers to ensure that they regain their rights in the fastest and most effective way.
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