Administrative Law

What is Administrative Law?

Administrative law is the branch of law that regulates the activities of public administration and determines the relations between public institutions and citizens. This field forms the legal framework of the state's administrative functions and ensures compliance with the law in the use of public power.

In the modern legal system, administrative law is one of the fundamental tools that ensures transparency, accountability and adherence to law of public administration. It protects citizens' rights against public administration and guarantees the effective delivery of public services.

In Turkey, administrative law has developed within the framework of judicial guarantee secured by Article 125 of the Constitution. The administrative judicial system is the most important guarantee in protecting citizens' rights against the administration. As Cebeci Law Firm, we aim to provide the best service to our clients with our extensive experience and expert staff in this field.

Our Administrative Law Service Areas

Administrative Procedures

Definition and Characteristics of Administrative Actions

Administrative action is an action taken by the administration with a unilateral declaration of will in order to create legal consequences.

Characteristics of Administrative Actions:

• Public Power: Made using public power
• Unilateralism: Unilateral declaration of will by the administration
• Legal Consequence: Creates a change in legal status
• Executive Capability: Directly applicable
• Public Interest: Must be for the public interest

Elements of Administrative Action

For an administrative action to be valid, it must carry certain elements.

Formal Elements:

• Being done by the competent authority
• Being established in accordance with the procedure
• Compliance with the form prescribed by law
• Showing justification
• Notification and announcement procedures

Types of Administrative Lawsuits

Annulment Lawsuits

These are lawsuits that claim the illegality of the administrative action and request its annulment.

Grounds for Annulment Lawsuit:

• Authority: Being established by an unauthorized body
• Form: Violation of procedural and formal rules
• Reason: Absence of legal and actual reasons
• Subject: Illegal subject
• Purpose: Deviation of purpose (détournement de pouvoir)

Full Jurisdiction Lawsuits

These are lawsuits requesting compensation for damages caused by the administration.

Types of Full Jurisdiction Lawsuits:

Public Procurement Law

Public Procurement System

A system that ensures the efficient, effective and transparent use of public resources.

Types of Tenders:

• Open Tender: The most common tender procedure
• Restricted Tender: Invitation procedure
• Negotiated Procedure: Exceptional circumstances
• Direct Procurement: Within certain limits
• Design Competition: Architectural and engineering services

Legal Consultancy in Tender Process

Municipal Law

Municipal Services

The obligation of municipalities to meet local common needs.

Mandatory Municipal Services:

• Zoning and Urban Planning: Zoning plans, building inspection
• Environment and Health: Cleaning, water, sewerage
• Transportation: Roads, sidewalks, traffic regulation
• Fire Department: Fire fighting and rescue
• Municipal Police: Ensuring security and order

Zoning Law

The branch of law that ensures the planned development of settlements.

Types of Zoning Plans:

Civil Servant Law

Civil Service Relationship

The legal relationship between the civil servant and the state is a public law relationship, not a private law relationship.

Civil Servant Rights:

• Salary and Personal Rights: Salary, bonuses, social benefits
• Leave Rights: Annual, sick, maternity leave
• Promotion Rights: Grade progression and degree promotion
• Retirement Rights: Social security and retirement
• Defense Rights: Defense in disciplinary investigations

Disciplinary Law

Expropriation Law

Expropriation Process

It is the process of seizure of private property by the state for public benefit purposes.

Expropriation Stages:

• Public Interest Decision: Taken by the relevant ministry
• Expropriation Decision: By the competent administration
• Price Determination: Determining the market value
• Agreement Negotiations: Negotiation with the owner
• Urgent Expropriation: Registration and possession

Determination of Expropriation Compensation

Administrative Sanctions

Administrative Monetary Penalties

These are financial sanctions foreseen for behaviors contrary to the regulatory actions of the administration.

Types of Administrative Monetary Penalties:

• Traffic Fines: Road traffic rule violations
• Tax Penalties: Tax legislation violations
• Environmental Fines: Environmental legislation violations
• Occupational Health Fines: OHS legislation violations
• Municipal Fines: Municipal legislation violations

Defense in Administrative Monetary Penalties

Administrative Judicial Process

Conditions for Filing a Lawsuit

Conditions and processes that must be present in administrative lawsuits.

Prerequisites:

• Administrative Application: First application to the administration
• Time Condition: Not missing the lawsuit filing deadlines
• Interest Condition: The existence of the plaintiff's legal interest
• Capacity Condition: The existence of lawsuit capacity
• Representation Condition: Lawyer obligation

Trial Procedure