What Is A Stay Of Execution Decision At The Regional Administrative Court
A stay of execution decision is a temporary decision given in order to prevent damage to persons in the event that the transaction against which a cancellation lawsuit is filed is implemented by the administration without waiting for the conclusion of the lawsuit.
Filing a lawsuit in the Council of State or administrative courts. Does not stop the execution of the administrative action. Likewise, filing an appeal to the Regional Administrative Court. Does not automatically stop the execution of the transaction. Stay of execution must be requested separately by the plaintiff. The case files for which a stay of execution is granted shall be examined and decided first.
In order for a stay of execution to be granted. The following two conditions sought by the law must be fulfilled together:
The occurrence of damages that are difficult or impossible. To eliminate if the administrative action is implemented,
the administrative act is clearly contrary to the law.
In the event that the above two conditions are met together. The court may decide to suspend the execution of the administrative act after the defence. Of the defendant administration is received or after the defence period has elapsed.
The execution of administrative acts. The effect of which will be exhausted by their implementation. May be suspended without receiving the defence. Of the administration, in order to be decided again after the defence is received. However, administrative acts relating to the appointment, transfer, change of position and title. Temporary or permanent assignment of public officials. Shall not be considered as administrative acts. Whose effect will be exhausted upon implementation.
The grounds on which the administrative act is clearly contrary. To the law and the irreparable or impossible damages. That will arise if the act is implemented. Must be stated in the decisions for stay of execution. A stay of execution cannot be granted only. On the grounds that the Constitutional Court. Has been applied for the cancellation of the relevant legal provision.
If it is understood from the petition and its annexes. That the request for stay of execution is not appropriate, the request may be rejected. Without taking the defence of the respondent administration.
In cases where a stay of execution is requested, the periods specified in Article 16 may be shortened, or it may be decided that the notification shall be made by a civil servant
Is it possible to appeal against the decision of suspension of execution or refusal of suspension of execution?
The decisions of the regional administrative court. On the requests for stay of execution may be appealed to the nearest regional administrative court. And the decisions of the administrative and tax courts and the regional administrative court against. The decisions rendered by a single judge may be appealed. To the regional administrative court within seven days from the day following. The notification of the decision. The appealed authorities are obliged to make a decision within seven days following. Receipt of the file. Decisions rendered upon objection are final.
A second request for stay of execution cannot be made on the same grounds.
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