Administrative Law

Administrative Law

The distinction between the Public Law and Private Law has always existed from the Roman Law ages to the period, when we live. The most prominent features of this distinction are handled as follows in the scope of our Administrative Law Attorney service.

In public law, one of the case parties is always the government. However, this situation changes in the private law. In private law, one of the parties doesn’t need to be the government.

In addition to the capacity of the parties, their equality should also be considered. In this context, there is no equality between the parties in the public law. However, both parties are equal in the private law. The main reason for this is that the government holds the authority to use its public power.

Although one of the parties is the administration in private law, there is no case of disruption of equality. So the parties are equal, because it is not possible for the administration to use the authority of public power in any private cases. However, the administration has the authority to use its public power in the public cases. This is a situation that creates a direct inequality.

However, it is necessary to go to the basis of the concept of administration firstly to fully understand the above-mentioned differences. The administrative concept definitions that we can offer in the scope of the services provided by us as the Administrative Law Attorneys and Istanbul Administrative Law Attorneys are as follows:

Concept of Administrative Law

The concept of administrative law is a concept that can be understood by knowing the concept of administration. The concept of administration is a two-way concept. These can be explained as follows:

• Administration in the functional sense: Administration in the functional sense, which is also called as administration in the material sense, is the dimension in which the activities carried out by the government to implement and achieve these objectives.

• Administration in the organic sense: Administration in the organic sense, which is also called administration in the private sense, directly covers departments, institutions or organizations. However, this institution, department or organization must be interested in the management business.

Administrative Cases

In the scope of our Administrative Law Attorney or legal advice services, it is possible to say that administrative disputes will be brought to the agenda with the claim that the transaction or actions carried out by the administration are unlawful. It is known that the types of administrative cases are included in the Article 2 of the Administrative Jurisdiction Procedure Law and are defined accordingly. The types of administrative cases that can be handled in this direction are as follows.

Types of Administrative Cases 

Types of Administrative Cases include:-

• Annulment cases;
• Full remedy cases; and
• Cases arising from administrative contracts.

The definitions and details of these cases are as follows..

• Annulment Cases

The first type of case that we can handle in the scope of our Administrative Law Attorney service is the annulment case. The annulment case is a case filed by persons whose interests are violated, by alleging that an administrative procedure performed is unlawful. As can be understood from the definition given, it is obvious that the annulment cases are filed in order to determine that administrative acts are unlawful. The features of this case are as follows:

• The subject of the annulment cases includes the administrative cases.
• To file these cases, a procedure must have been carried out in advance.
• It is not possible to file an annulment case to have a procedure carried out by the administration. This is a consequence of the previous requirement “it has to be realized beforehand.”

In the scope of our Administrative Law Attorney service, it is possible to say that the procedures that may be subject to lawsuit are the unilateral procedures of the administration.

The procedures that may be subject to an annulment are the regulatory or individual procedures in addition to the unilateral procedures of the administration.

Certainty refers to the completion of an administrative act. Filing an annulment case is subject to the following conditions:

• Benefit must be personal;
• Benefit must be up-to-date; and
• Benefit must be legal.

• Full Remedy Cases

Another type of case that we can handle in the scope of the services provided by us as the Administrative Law Attorneys and Istanbul Administrative Law Attorneys includes the full remedy cases. The full remedy cases include the cases filed for purposes of taking any necessary actions for a violated right or of indemnifying for any damage in the administrative law. In these cases, it is possible to file the full remedy cases due to both administrative actions and administrative procedures in line with the information contained in the law. The ways to file a full remedy case are as follows:

The first way is to file a direct full remedy case. In this case, it is possible to say that the compliance audit is carried out for the procedure subject to the case. You can only require indemnifying for damages can be claimed by filing a direct full remedy case.

The second way is to side the full remedy case and the annulment case together. In this context, to file a lawsuit, a procedure subject to the annulment case must also cause violation of a personal right. As a result, it will be possible to indemnify for such incurred damage.

However, in the scope of our Administrative Law Attorney service, it is possible to say that certain conditions must be met to file such two cases together. These conditions are as follows: To fill such two cases simultaneously, application of the procedure must be completed on the date of the procedure or on the date of the notice. In addition, violations of rights must be finalized.

Another way is to file a full remedy case after the annulment case is filed. After the annulment case is resolved in the scope of our Administrative Law Attorney service, it is possible to open a full court case in the lawsuit process, taking the legal remedies into account.

The last possible way to be dealt with in this context is to file a full remedy case after require an indemnification for a damage incurred due to the implementation of an administrative procedure. Administrative Law Attorney and Administrative Law Attorney Within the scope of our service in Istanbul, it is possible to say that the person, who is subject to a right violation, has the opportunity to file this case in the scope of the services provided by us as the Administrative Law Attorneys and Istanbul Administrative Law Attorneys.

Term of Litigation in the Administrative Cases

As a general rule, the term of litigation is 60 days in the Council of State and Administrative Courts, unless a specific period is specified. It is possible to say that the 60-day period starts on the day following the day of delivery of the letter related to the administrative dispute, not the day of serving the notice of the.

For those, who do not have any addresses registered in the system, they are notified by an announcement. In such cases, it is possible to say that the existing 60-day administrative period starts 15 days after the day following the last announcement date.

Legal Liability of the Administration

It is possible to say that the administration has liabilities in the scope of our Administrative Law Attorney service. It is known that these liabilities are called as defect liability and strict liability. The defects of the administration that can be listed in this section are as follows:

The Service Fault refers to the malfunctions or failures that occur in the operation and establishment of public services. In other words, the service fault means that, while the administration duly fulfills its duty during a public service, there is a malfunction, contradiction, malfunction or irregularity that occurs due to the situations such as not giving instructions in accordance with the law or the law, not conducting the necessary supervision in this context, insufficient service vehicles, not taking the necessary precautions and unsuitable service vehicles.

The Duty Fault refers to violation of the legislation, the undertaken duty, the rules of the performed services, the requirements and procedures during an administrative action.

As can be seen, the administrative law, the scope of administrative law and the types of penalties are also different concepts. In this context, it is very difficult to deal with administrative law cases without legal support. The persons, who need help in the administrative law, who want to get information and details about the punishment they have received, who do not know which authority to apply to which authority and how long they have to apply for aggrievement, can request us the Administrative Law Attorney or legal advice service. In the scope of the attorney and consultancy service provided by us, we can control your cases and direct you about the actions to be taken in this context.