Administrative Application Remedies and Mandatory Objections...

In Turkish Administrative Law, the relationship between the citizen and the state is governed by strict procedural rules. When you are faced with an unlawful administrative act (such as a fine, a demolition order, or a disciplinary penalty), suing the state immediately is not always the first or only step. Often, strict laws require you to first apply to the administration itself to correct the mistake. Understanding the difference between Optional and Mandatory administrative applications is crucial for protecting your rights.

1. Optional Application (IYUK Article 11)

Under Article 11 of the Procedure of Administrative Justice Act (IYUK), before filing an annulment lawsuit, you have the right to apply to the superior authority of the body that issued the act (or the body itself if no superior exists) to request the withdrawal, cancellation, or modification of the act.

Why Use It?

• Cost-Effective: It allows you to resolve the issue without paying court fees and attorney fees.
• Speed: Administrative bodies may correct obvious errors faster than courts, which can take years.
• Pausing the Statute of Limitations: Proactively, this application pauses the 60-day lawsuit filing period.

The Process

1. Filing: You submit a petition within the lawsuit filing period (e.g., if you received the notification on Day 1, you can apply on Day 10).
2. The Pause: The clock stops ticking on your lawsuit deadline.
3. Response: The administration has 30 days to respond.
   • Acceptance: If they accept, great! The problem is solved.
   • Rejection: If they reject your request (or fail to answer within 30 days, which counts as “Tacit Rejection”), the clock resumes from where it left off. You must then file your lawsuit in the remaining time.

2. Mandatory Application (Zorunlu Başvuru)

For certain specific types of legal actions, applying to the administration is not a choice; it is a condition precedent for litigation. If you file a lawsuit without this step, the court will reject your case immediately on procedural grounds (usulden ret).

A. Full Remedy Actions (Tam Yargı Davaları) - IYUK Article 13

Before filing a compensation lawsuit for an administrative action (e.g., a police car hitting your shop, or a doctor performing surgery on the wrong leg), you MUST apply to the administration under IYUK Article 13.

• Deadline: You must apply within 1 year of learning about the damage (and in any case with 5 years of the event).
• Wait Period: You must wait for the administration’s response (or 30-day silence) before suing.

B. Tax Disputes

In Tax Law, certain procedures require an objection to the “Reconciliation Commission” (Uzlaşma Komisyonu) or a specific hierarchical objection before going to Tax Court.

C. Zonging Plans

Objecting to a suspended Zoning Plan (Askıdaki İmar Planı) within 30 days is often a prerequisite for showing legal interest in a subsequent lawsuit.

How to Write an Effective Administrative Petition

A sloppy petition will likely be ignored. To be taken seriously:

1. Clear Subject: Explicitly state “Request for Rectification under IYUK Art. 11”.
2. Legal Grounds: Cite the specific law or regulation that was violated.
3. Evidence: Attach proof (photos, documents, previous decisions).
4. Registration Number: Always get the “Evrak Kayıt Numarası” when you submit it. This is your only proof of the application date.

Common Mistakes

• Missing the Deadline: Applying after the 60-day period has expired. In this case, your right to sue is already dead, and the application won’t revive it.
• Waiting Too Long for Response: If the administration doesn’t answer in 30 days, you shouldn’t wait forever. You must assume rejection and file the lawsuit.

Conclusion

Administrative remedies are a powerful tool when used correctly. They can save you from the burden of litigation. However, the calculation of “paused time” under Article 11 is mathematically complex and risky. Consulting with an administrative Attorney is highly recommended to ensure you don’t accidentally miss your court deadline while waiting for a letter from the government.

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