Av. Ayşe Öncül

Administrative Law

The administrative law, which is a sub-branch of public law, is the whole of the rules applied to the establishment and functioning of the administration in a general and broad sense. In another saying, it refers to the organization of the administration, its powers and duties, and the rules that determine individual solutions against violations of the rights of individuals. These rules can be composed of public law rules or private law rules. Disputes arising from administrative law are resolved in administrative jurisdiction.

Administrative Lawsuits

    • Security investigation and archive research lawsuit
    • Administrative lawsuitsregarding dismissal
    • Paem, Pmyo and Pomem health administrative lawsuits
    • Paem, Pmyo and Pomem year-end interview administrative lawsuits
    • Administrative lawsuit of dismissal from public service by Decree Law Numbered 375
    • MND health and interview lawsuits
    • Registry cancellation lawsuits
    • Administrative lawsuits regarding temporary assignment
    • Administrative lawsuits regarding the non-issuance of a gun carrying license
    • Administrative lawsuits regarding passport cancellation
    • Administrative lawsuits related to competition law
    • Administrative lawsuits regarding non-equivalence
    • Administrative lawsuits regarding housing transactions
    • Administrative lawsuits related to being deemed incapacitated and resigned
    • Administrative lawsuits regarding the execution of customs services
    • Mobbing full jurisdiction lawsuits
    • Appointment lawsuits
    • Dismissal from the profession
    • Lawsuits arising from administrative agreements
    • Administrative lawsuits arising from appointment and non-appointment procedures
    • Administrative lawsuits regarding the assignment request due to educational disability
    • Administrative lawsuits for initial appointment, induction and reassignment
    • Assignment administrative lawsuits due to spouse's disability
    • Assignment administrative lawsuits due to rotation
    • Appointment administrative lawsuits due to norm staff
    • Appointment administrative lawsuits due to health disability
    • Administrative lawsuits of appointment made as a result of promotion according to the exam result.
    • Administrative lawsuits of non-appointment due to lack of consent
    • Administrative lawsuits regarding disciplinary penalties
    • Administrative lawsuit of warning penalty
    • Administrative lawsuit of reprimand
    • Administrative lawsuit of cutting salary
    • Administrative lawsuit for stopping the progression of the stage
    • Administrative lawsuit of dismissal from civil service
    • Administrative lawsuits regarding the monetary rights of civil servants
    • Administrative lawsuits regarding civil servant personal rights
    • Administrative lawsuits regarding adjustment, additional indicator and gradual progression
    • Administrative lawsuits regarding pension transactions
    • Administrative lawsuits regarding promotion and title change
    • Administrative lawsuits regarding working time, shift and overtime
    • Administrative lawsuits related to health, food allowance and leave
    • Administrative lawsuits arising from the zoning plan change
    • Administrative lawsuits arising from the zoning application
    • Administrative lawsuits related to the building
    • Administrative lawsuits arising from demolition operations
    • Administrative lawsuits regarding construction fines
    • Administrative lawsuits regarding zoning peace and building registration certificate
    • Administrative lawsuits arising from urban transformation
    • Administrative lawsuits related to compulsory service
    • Administrative lawsuits arising from higher education transactions
    • Administrative lawsuits regarding university students
    • Full jurisdiction lawsuits
    • Full remedieslawsuits arising from medical intervention
    • Non-pecuniary damage lawsuits
    • Full remedieslawsuits originating from the police services
    • Full remedieslawsuits regarding highways
    • Full jurisdiction lawsuits on counter-terrorism
    • Full remedieslawsuits originating from municipal services
    • Full remedieslawsuits originating from the police services
    • Full remedieslawsuits arising from strict liability
    • Administrative lawsuits for the annulment of general and regulatory actions
    • Expropriation lawsuits
    • Administrative lawsuits arising from Ecrimisil transactions
    • Mining administrative lawsuits
    • Energy administrative lawsuits
    • Massacre administrative lawsuits
    • Public procurement lawsuits
    • Administrative lawsuits regarding SSPC and the exams he/she made
    • Administrative lawsuits regarding opening a business and obtaining a license
    • Administrative lawsuits regarding private security officers

Frequently Asked Questions

The types of lawsuits in the administrative jurisdiction are regulated in Article 2 of the Administrative Judgment Law Numbered 2577. Accordingly, the lawsuits before the administrative courts are as follows:

  • Cancellation lawsuits
  • Full jurisdiction lawsuits
  • Lawsuits arising from administrative agreements

The annulment lawsuit is a lawsuit filed by those whose interests have been violated for the annulment of administrative actions due to the fact that they are unlawful with one of the aspects of authority, form, reason, subject and purpose. There are two conditions for an annulment lawsuit to be filed. The first of these is an established administrative lawsuit, and the second is the violation of the plaintiff's interests.

The full remedy action is called the lawsuits filed by those whose personal rights are directly affected due to administrative lawsuits and transactions pursuant to the Administrative Judgment Procedure Law Numbered 2577. The first condition for filing a full remedy lawsuit under this article should be an administrative act or lawsuit. The second condition is that the personal rights of those concerned should be violated from this administrative act or lawsuit.
Full remedy lawsuits are the type of administrative lawsuits filed by those whose personal rights have been violated due to administrative actions and lawsuits and are subject to the compensation of the damage caused by the responsibility of the administration according to the rules of public law or the conviction of the right to return. 

The administrative jurisdiction is the type of jurisdiction that is tasked with resolving disputes arising from the activities of administrative authorities in the field of administrative law. Courts of first instance in general administrative jurisdiction are administrative and tax courts. The duties of these courts are regulated in the Law No. 2576 on the Establishment and Duties of Regional Administrative Courts, Administrative Courts and Tax Courts. The Regional Administrative Court is the second-degree judicial authority. In other words, the decisions made by the Administrative Courts are brought to the Regional Administrative Court by way of appeal law.

The highest court in general administrative jurisdiction is the Council of State. Within the scope of Article 155 of the Constitution, the Council of State is the last authority for review of decisions and provisions given by administrative courts that are not left to another administrative jurisdiction by law. It also deals with certain lawsuits specified in the law as first and last instance.

• Constitution
• Council of State Law
• Law on the Establishment and Duties of Regional Administrative Courts, Administrative Courts and Tax Courts
• Law on Administrative Procedure
• Provisions of the Code of Civil Procedure Related to Administrative Procedure
• Law on the Establishment and Proceedings of the Constitutional Court
• Law on the Military High Administrative Court
• Notification Law
• International Arbitration Law
• Provincial Administration Law
• Municipal Law
• Decree on the Management of Metropolitan Municipalities
• Civil Servants Law
• Military Criminal Law
• General Law Enforcement Disciplinary Provisions
• PCHE Law

Administrative Law Principles
• Rule of Law Principle
• Social State Principle
• Principle of Equality
• The Principle of Legality of the Administration
• Central Management Principle
• Decentralization Principle
• Integrity of Administration Principle

Administrative Law Administrative Organization Chart
I. Management from Center
A. Central (Capital) Organization
1. President
2. Ministries and Ministers
3. Auxiliary Organizations to the Center
• Council of State
• Chamber of Accounts
• National Security Council
• Economic and Social Council
B. Provincial Organization of the Center
0. Provincial Administration
• Governor
• Provincial Organization of Ministries
• Provincial Administrative Board
0. District Administration
• District Governor
• District Organization of Ministries
• District Administrative Board
0. Regional Administrations
II. Decentralization
A. Decentralized Administrations in Terms of Location
0. Special Provincial Administration
0. Municipalities
0. Metropolitan Municipalities
0. Village Administration
0. Neighborhood Administration
B. Decentralized Administrations in Terms of Service
C. Professional Organizations as Public Institutions
D. Regulatory and Supervisory Agencies
E. Offices of the President

The administrative law is the branch of law that aims to protect the rights and freedoms of the individual against the superior authority of the administration in legal disputes that individuals have with the state and the relevant administrative institutions of the state. The subjects within the field of administrative law are generally annulment lawsuits filed against the administrative actions that the administration has established against the citizens, and full-judgment lawsuits filed for the purpose of compensating the pecuniary and non-pecuniary damages arising from the actions and transactions of the administration. In addition, expropriation lawsuits and lawsuits arising from administrative agreements are other types of lawsuits that fall within the scope of administrative law.

The administrative law is a branch of law that requires mastery of the constitution and related legislation in general. Administrative law does not have a single and collective legislation. The rules and legislation to be applied vary according to the administrative institution or public legal entity that is the party to the dispute. For this reason, not knowing an existing legislation or a newly adopted regulation can lead to great loss of rights. In order to avoid the loss of rights, you can choose Öncül Hukuk Bürosu, which has a team of experts and lawyers who are well-versed in the legislation.

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