Administrative law

Administrative action is any action or decision taken by a public institution or administrative unit within the framework of its legal powers, which changes or determines the legal status of individuals or legal entities. Administrative action refers to the administrative actions carried out by the administration and includes the actions of state bodies that have legal consequences. Administrative action may include various activities carried out by the administrative body in order to carry out, regulate and supervise public services. These transactions may affect the rights and obligations of individuals and require the administration to exercise its legal powers. To give some examples of administrative procedures:

1. Allow or Deny: When a person applies for a particular activity, the permission granted or denied by the administration is an administrative action.

2. Giving Punishment: Penal actions taken by the administration, such as traffic fines and tax penalties, are examples of administrative procedures.

3. Licensing: Granting or denying a license to a person or organization that wants to operate in a sector is an administrative process.

4. Licensing: Licenses issued by the administration, such as construction licenses and business opening licenses, are also examples of administrative procedures.

5. Tender Regulation: Tenders organized by public institutions for the purchase of goods or services are also examples of administrative procedures.

            Administrative procedures constitute an important area of administrative law. These procedures aim to ensure that the administration acts in accordance with legal principles and laws. The legality of administrative actions can be audited by courts or administrative judicial bodies.

Administrative cases are lawsuits filed by individuals or organizations against the actions or transactions of public administration or administrative bodies. Such cases aim to check the legality of the administration and protect the rights of citizens. Opening administrative cases is usually subject to certain procedures and may include the following steps:

1. Determining the Relevant Authority: Before filing an administrative lawsuit, you must determine which action or transaction of the administration you want to file a lawsuit against and which administrative court has jurisdiction in this regard. Administrative cases are heard in administrative jurisdiction.

2. Preparation of the Petition: You must prepare a petition for the administrative court where you want to file a lawsuit. The petition should include the reason for the case, the action or action of the administration against which the lawsuit is filed, the legal arguments on which the case is based, and your demands.

3. Submission of the Petition: You must submit the petition you have prepared to the relevant administrative court. The petition may need to be submitted to the court physically or electronically. Once the petition is submitted, the lawsuit is filed.

4. Administrative Case Fees and Expenses: When filing an administrative lawsuit, you may be required to pay litigation fees and expenses. These costs are determined according to the trial fee schedule of the court where the lawsuit is filed.

5. Notification of Parties: When a lawsuit is filed, the administrative court informs the relevant administration and other parties (if any) about the issue filed. These parties have the right to defend themselves by participating in the lawsuit.

6. Hearings and Evidence: During the administrative litigation process, hearings are held where the parties will present their opinions. The parties' evidence is presented, witnesses are heard and expert opinions can be obtained.

7. Decision Stage: At the end of the case process, the administrative court makes a decision by evaluating the opinions of the parties and the evidence presented. This decision includes the legal evaluation of the administration's action.

8. Objection or Appeal: One or both parties may object to the decision of the administrative court or appeal. The bodies of objection or appeal may be higher courts.

We can briefly summarize the steps to be followed for individuals or organizations who want to obtain a public service license as follows:

1. Researching Relevant Legislation: You should review the legislation and relevant regulations in the sector in which you want to obtain a public service license. The documents required to obtain a license, the application process and other important details will be included in this legislation.

2. Preparing Application Documents: You must prepare the required documents in accordance with the relevant legislation. Often these may include: company information, operating plan, financial documents, work experience and specialist knowledge.

3. Filling out the Application Form: You must fill out the application form requested by the relevant authority (usually the relevant ministry or institution). This form will contain details of your activity.

4. Delivery to Application Location: You must submit the application documents and form you have prepared to the relevant authority. Applications are generally made electronically or physically to the specified addresses.

5. Evaluation process: Your application enters the evaluation process. This process may include stages such as reviewing your documents, site inspection when necessary, or meetings of the evaluation committee.

6. Grant or Refusal of License: Once the outcome of your application is evaluated, your license may be approved or denied. In case of rejection, it is important to understand the reasons and make corrections when necessary.

7. License Fee and Other Obligations: Obtaining a public service license usually requires a fee or fee. There may be other obligations you must comply with after obtaining the license.

8. License Term and Renewal: A public service license is usually limited to a certain period of time. You may also need to renew your license before it expires.

Expropriation is the process of the state or public institutions seizing private property to achieve a public purpose. Expropriation generally affects immovable property or real estate that is privately owned. The expropriation process generally includes the following steps:

1. Determining a Public Purpose: Expropriation is generally done for a public purpose. This purpose may be for the benefit of the general public and may include projects that benefit the general public, for example, infrastructure projects, road construction, hospital construction.

2. Authorization and Decision Making: Authorization is required for expropriation. The public administration decides on expropriation and states the rationale and legal basis for this decision.

3. Valuation Determination and Offer: The value of the real estate to be expropriated is determined. This determination of value ensures that a fair price is paid. An offer to pay this value is made to the real estate owner.

4. Informing the Parties: The real estate owners or rights holders who will be affected by the expropriation process are informed. Information is given regarding the purpose of expropriation and transaction details.

5. Confiscation of Real Estate: After the expropriation process, the real estate can be seized without the consent of the owner or without filing a lawsuit.

6. Payment of the Price: The determined price is paid to the owner or rights holders of the immovable property to be expropriated. This price is determined according to the value of the property and other factors.

7. Legal Rights and Objection: Immovable property owners or rights holders have the right to lodge a legal objection against the expropriation process. A lawsuit can be filed on issues such as the legality of the expropriation process and determination of the price.

            The expropriation process is subject to legal and administrative procedures and includes mechanisms that ensure the protection of the rights of the parties. It is important that real estate owners receive fair compensation during the expropriation process, that the process is in accordance with the law and that the public interest is observed.

            Administrative judiciary is the branch of the judiciary where cases filed against the actions and transactions of the public administration are heard. Cases and matters heard in the administrative judiciary include legal disputes regarding the activities of the public administration. We can give some examples of cases and matters heard in the administrative judiciary:

1. Administrative Action Cancellation Cases: Individuals or legal entities may file an annulment lawsuit in the administrative court against the transactions carried out by the public administration. For example, a person who thinks that a license or permit issued by a municipality is against the law may want to have this transaction canceled in the administrative court.

2. Compensation Cases: When individuals or legal entities are damaged as a result of faulty actions or operations of the public administration, they can file a lawsuit with the administrative court to demand compensation. For example, compensation may be claimed for damages resulting from poor performance of public service.

3. Expropriation Cases: Lawsuits filed against public administration's seizure of private property (expropriation) are also heard in administrative jurisdiction. It may be subject to lawsuits on issues such as the price determined as a result of expropriation or the legality of expropriation.

4. Administrative Contract Cases: Disputes arising from contracts made between public institutions or public economic enterprises and individuals or other legal entities can also be resolved in administrative jurisdiction.

5. Public Procurement Cancellation and Interim Measure Cases: Cancellation cases filed against public tenders and precautionary injunction cases filed in cases affecting the tender process can also be heard in administrative jurisdiction.

6. Public Personnel Transactions Cases: Lawsuits filed against actions such as appointment, promotion, and disciplinary penalties of public personnel are also heard in administrative jurisdiction.

7. Tax Cases: Administrative jurisdiction has jurisdiction in cases regarding tax penalties imposed by the tax administration or the determination of the tax base.

8. Environmental and Zoning Cases: Disputes arising from issues such as environmental protection, zoning plans and various construction permits can also be resolved in administrative jurisdiction.