The conditions for applying to the legal remedy of appeal against administrative court decisions are regulated in Article 45 of the Administrative Procedure Law No. 2577.
Accordingly, the conditions for application to the legal remedy of appeal are as follows
Appeal cannot be filed in cases subject to the expedited procedure.
Against the decisions of administrative and tax courts, even if “a different legal remedy is stipulated” in other laws, an appeal may be filed to the regional administrative court in the judicial circuit where the court is located, within thirty days from the notification of the decision.
However, the decisions rendered by the administrative courts on full judicial cases not exceeding 5 thousand TL and cancellation cases filed against administrative acts are final and no appeal can be filed against them.
Appeal is subject to the form and procedures of appeal. In the legal remedy applications made against the decisions to be subject to appeal, the files shall be sent to the regional administrative court regardless of the address and request in the petitions.
If the regional administrative court finds the decision of the court of first instance in accordance with the law at the end of its examination, it decides to reject the appeal application.
If it is possible to correct the material errors in the decision, it shall make the necessary correction and issue the same decision.
If the regional administrative court does not find the decision of the court of first instance in accordance with the law, it shall decide to accept the appeal application and annul the decision of the court of first instance. In this case, the regional administrative court shall make a new decision on the merits of the case.
If necessary during the examination, the court that rendered the decision or the administrative or tax court of another place may be referred to. In cases where the regional administrative court finds the application for appeal against the decisions rendered upon the first examination to be justified and the case has been heard by an incompetent or unauthorised court or by a judge who has been dismissed or banned, the regional administrative court shall accept the application for appeal and decide to annul the decision of the court of first instance and send the file to the relevant court.
Decisions of the regional administrative court rendered pursuant to this paragraph shall be final. Decisions of the regional administrative courts that are not open to appeal pursuant to Article 46 shall be final. Final decisions shall be sent with the file to the court of first instance that rendered the decision and shall be served by these courts within seven days.The judge who rendered or participated in the decision subject to the application for appeal shall not be present in the examination of the same case by the regional administrative court through appeal.
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