Administrative Law

In our work in this area, the relevant administrative legislation, the provisions of special statutes, and current judicial practice are taken into account, foremost among them the Code of Administrative Procedure No. 2577. Since the time limits for bringing actions and the procedures for application are of particular importance in administrative law, each act is assessed on the basis of the specific characteristics of the case at hand and the date of service.

Within the scope of administrative law, the bringing and pursuit of annulment actions against administrative acts deemed to be unlawful are among our services. Whether the administrative act is lawful in terms of its elements of competence, form, cause, subject matter, and purpose is examined; the legislation on which the act is based, the administration's reasoning, and the specific case are assessed together in order to establish a legal road map.

We also provide legal support in full remedy actions brought for the purpose of remedying the damages suffered by individuals as a result of the acts or actions of the administration. Within this scope, the existence of the damage, the extent of the damage, the causal link between the administrative activity and the damage, service fault, and instances of strict (no-fault) liability are assessed on the basis of concrete documents.

Expropriation acts, claims of de facto expropriation (expropriation without due process), zoning applications, permit and licence acts, administrative fines, disputes arising from public procurement processes, and disputes relating to administrative contracts also fall within our administrative law practice area.

Among the disputes most frequently encountered in practice in administrative law are disciplinary penalties, the annulment of permit and licence acts, disputes relating to zoning plans and zoning applications, demolition and fine decisions, and acts relating to the appointment, suspension from duty, grade, step, salary, and other personnel rights of civil servants.

In such disputes, it is important to correctly identify the legislation on which the administrative act is based, to examine the reasoning of the act, and to assess whether the administration has exercised its discretionary power in accordance with the law. The discretionary power of the administration is not unlimited; it is bounded by the public interest and the requirements of the service.

In expropriation acts, the determination of compensation, urgent expropriation, claims for compensation on the grounds of de facto expropriation (expropriation without due process), and administrative acts amounting to interference with immovable property ownership are also among the frequently arising matters. In these files, the nature of the immovable property, its actual use, its zoning status, and the administration's reasoning for the act are assessed together.

Damages arising from the service fault of the administration, and claims based on the assertion that a public service has functioned late, has not functioned at all, or has functioned poorly, are also addressed within the scope of full remedy actions. In such actions, the damage and its connection with the administrative activity must be concretely established.

The administrative law process begins, first of all, with the examination of the administrative act served on the client or learned of by the client. The date of the act, the manner of service, the time limit for bringing an action, the special legislation to be applied, and the avenues of application are assessed. Since time limits in administrative jurisdiction are often short and final, the initial assessment stage is of great importance.

Where deemed necessary, an application to the relevant administration before bringing an action, requesting the withdrawal or amendment of the act or the remedying of the damage, may come into consideration. In some disputes administrative application is mandatory, while in others it is optional. For this reason, the course to be followed is determined according to the nature of the specific act.

Where no result is obtained from the administrative application or where it is necessary to bring an action directly, an annulment action or a full remedy action is brought before the administrative court, the tax court, or another competent judicial authority. Where the implementation of the act may give rise to damage that is difficult or impossible to remedy, a request for a stay of execution is also separately assessed.

During the proceedings, the administration's defences, the case file, responses to interlocutory decisions, on-site inspections, and expert witness examinations are carefully followed. Where necessary, additional statements, objections, and legal explanations are submitted to the court.

In each file, the aim is to assess the lawfulness of the administrative act or action within the framework of the specific case, to protect the client's rights in a timely and effective manner, and to conduct the process in a transparent and diligent manner. The client is regularly informed at every stage of the proceedings and the application process.