Administrative courts, as a rule, conduct trials according to the written trial procedure. In administrative proceedings, the examination is carried out on the basis of documents. After the administrative case has been opened, the administrative court may spontaneously request any information and documents it deems necessary related to the case from the relevant places or parties, even if there is no request.
After filing an administrative lawsuit, the parties may request the determination of the evidence related to these cases only from the Council of State, administrative and tax courts handling the case. If the administrative court hearing the case deems the request appropriate, it may assign one of the members to this job, or it may also decide that the determination should be made by local administrative or judicial judicial authorities.
Since the proceedings in the administrative court are conducted on documents, there is no method such as hearing a witness (witness) or taking a statement. However, after all the information and documents have been collected, discovery and expert examination can be carried out.Although written trial is the rule at the administrative court, the “urgent trial procedure” is applied in some exceptional cases.
The exceptional cases to which the urgent trial procedure will be applied are as follows:
Administrative lawsuits filed about tender transactions, except for banning decisions from the tender,
Administrative cases filed about hasty expropriation transactions,
Administrative cases filed against the decisions of the Supreme Council of Privatization,
Administrative lawsuits filed in connection with sales, allocation and leasing transactions made in accordance with the Tourism Promotion Law No. 2634,
according to the Environmental Law No. 2872, administrative cases filed against decisions taken as a result of environmental impact assessment, except for administrative sanction decisions,
Administrative cases filed against the decisions of the Council of Ministers taken in accordance with the Law No. 6306 on the Transformation of Areas at Risk of Disasters.
The features of the urgent trial procedure to be applied for a limited number of the above-mentioned administrative cases are as follows:
The period for filing a lawsuit in the urgent trial procedure is 30 days.
GOOD m.in case of an application to the higher authority due to an administrative action October 11, the rules that give periods in addition to the period for filing a lawsuit shall not be applied.
The administrative court shall make the first examination within 7 days and submit the petition and its Octets to the defendant for notification.
In the urgent trial procedure, the defense period is fifteen days from the notification of the petition, and this period may be extended for a maximum of fifteen days, except once.
The file is deemed to have been completed with the granting of the defense or the expiration of the defense issuance period.
In cases subject to the urgent trial procedure, decisions to be made regarding the request for a stay of execution cannot be appealed.
Cases subject to the urgent trial procedure are decided no later than one month after the completion of the file. Transactions such as making an interim Decisionization, discovery, expert examination or holding a hearing are concluded immediately.
An appeal may be filed against the final decisions made by the administrative court according to the urgent trial procedure within fifteen days from the date of notification. The deadline for responding to appeals is fifteen days. The appeal request shall be decided within two months at the latest. The decision will be notified no later than one month.
At the end of its examination of the documents in the urgent trial procedure, the Council of State decides on the merits of the case if it considers the information obtained about the material cases sufficient, or if the appeal relates only to legal points, or if it is possible to correct the material inaccuracies in the appealed decision. Otherwise, he decides on the basis again by conducting the necessary examination and investigation himself. However, if it considers the appeal against the decisions made upon the first review justified, it sends the file back, although overturning the decision. The decisions made on appeal are final.
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