Administrative law, in legal disputes that individuals have experienced with the state and the relevant administrative institutions of the state; It is a branch of law that aims to protect the rights and freedoms of the individual against the superior authority of the administration. Subjects in the field of administrative law; These are generally the annulment actions filed against the administrative actions that the administration has established against the citizens, and the full remedy actions filed for the purpose of compensating the pecuniary and moral damages arising from the actions and transactions of the administration. In addition, expropriation lawsuits and lawsuits arising from administrative contracts are other types of lawsuits that fall within the scope of administrative law.
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, ignorance of an existing legislation or a newly adopted regulation can lead to great loss of rights.
WHAT IS A CANCELLATION CASE?
The types of cases in the administrative jurisdiction are regulated in Article 2 of the Administrative Judgment Law No. 2577. Accordingly, cases heard in administrative courts;
Cancellation cases
full judgment cases
Lawsuits arising from administrative contracts
Annulment action is a lawsuit filed by those whose interests have been violated for the annulment of administrative actions due to the illegality of one of the aspects of authority, form, reason, subject and purpose. There are two conditions for an annulment action to be filed. The first of these is an established administrative action, and the second is the violation of the plaintiff’s interests.
WHAT IS FULL JURISDICTION?
Full judgment litigation; In accordance with the Administrative Procedure Law No. 2577, the lawsuits filed by those whose personal rights are directly affected due to administrative actions and transactions are called. In order for a full remedy action to be filed under this article, the first condition must be an administrative act or action. The second condition is that the personal rights of those concerned must be violated from this administrative act or action.
Full remedy lawsuits are the type of administrative lawsuits brought by those whose personal rights are violated due to administrative actions and actions and 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.
WHAT IS ADMINISTRATIVE JURISDICTION?
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; 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 the general administrative jurisdiction is the Council of State. Within the scope of Article 155 of the Constitution; The Council of State is the final examination authority of the decisions and provisions given by the administrative courts and which the law does not leave to another administrative jurisdiction. It also deals with certain cases specified in the law as first and last instance.
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