Unlawful Administrative Acts: Cancellation Lawsuit Guide

In a state governed by the Rule of Law (Hukuk Devleti), the administration cannot act arbitrarily. Every decision taken by a public authority (Municipality, Ministry, Governorate, University) must comply with the law. If it doesn’t, citizens have the right to file an Annulment Action (İptal Davası) in Administrative Court to have the act erased from the legal system retroactively.

The 5 Elements of Administrative Acts

For an act to be lawful, it must be perfect in 5 aspects. If it fails in ANY distinct aspect, it is liable to be cancelled.

1. Competence (Yetki)

• The Rule: Only the authorized body can make the decision.
• Violation: A Mayor signing a decision that legally belongs to the City Council. Or an unauthorized subordinate signing a disciplinary penalty.
• Result: Cancellation due to Lack of Competence (Yetki Aşımı).

2. Form (Şekil)

• The Rule: The act must follow the procedural steps defined by law.
• Violation: Failing to get a required technical report before issuing a license. Or failing to give a civil servant the “Right to Defense” (Savunma Hakkı) before firing them.
• Result: Cancellation for Procedural Defect.

3. Reason (Sebep)

• The Rule: The administration must have a valid, factual, and legal reason for the act. It cannot be arbitrary.
• Violation: Firing an employee for “laziness” without any record of poor performance. Or rejecting a permit “just because.”
• Result: Cancellation for Lack of Legal Basis.

4. Subject (Konu)

• The Rule: The decision must command something that is legally possible and defined.
• Violation: Issuing a demolition order for a building that doesn’t exist. Or suspending a license for 5 years when the law says the max penalty is 1 year.
• Result: Cancellation for Unlawfulness of Subject.

5. Purpose (Amaç)

• The Rule: Public interest (Kamu Yararı) is the ONLY valid purpose.
• Violation: A Mayor expropriating a land not for a park, but to annoy his political rival who owns it. (Abuse of Power / Detournement de Pouvoir).
• Result: Cancellation for Abuse of Purpose.

The “Retroactive” Effect

When the court cancels an act, it is deemed never to have existed.

• The situation is restored to T-0 (the moment before the act).
• If a civil servant was fired, they are reinstated and paid all back wages.
• If a building license was cancelled, the construction stops immediately.

Deadlines are Strict

• General Rule: 60 Days from notification.
• Tax Courts: 30 Days.
• Zoning (Imar): 60 Days (usually).

Missing the deadline by 1 day leads to summary rejection. There are no “excuses” unless it’s a Force Majeure like an earthquake.

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