Administrative courts, as a rule, conduct proceedings according to the written procedure. In administrative proceedings, the examination is conducted on documents. After an administrative lawsuit is filed, the administrative court may request all kinds of information and documents it deems necessary regarding the case from the relevant places or the parties, even if there is no request.
After filing an administrative lawsuit, the parties may request the determination of the evidence related to these lawsuits only from the Council of State, administrative and tax courts hearing the case. If the administrative court hearing the case deems the request appropriate, it may assign one of its members to this task, or it may decide to have the determination made by the local administrative or judicial judicial authorities.
Since the proceedings in the administrative court are conducted on documents, there is no method such as hearing witnesses or taking statements. However, discovery and expert examination may be conducted after all information and documents are collected. Although written proceedings are the rule in the administrative court; “expedited procedure” is applied in some exceptional cases.
The exceptional cases for which expedited procedure shall be applied are as follows:
Administrative lawsuits filed about tender procedures, except for tender prohibition decisions,
Administrative lawsuits filed about urgent expropriation procedures,
Administrative lawsuits filed against the decisions of the High Council of Privatisation,
2634 No. Administrative lawsuits filed in relation to the sale, allocation and leasing transactions made in accordance with the Tourism Incentive Law No. 2634,
Pursuant to the Environmental Law No. 2872, administrative lawsuits filed against the decisions taken as a result of environmental impact assessment, except for administrative sanction decisions,
Law No. 6306 on the Transformation of Areas under Disaster Risk: Administrative lawsuits filed against the decisions of the Council of Ministers taken pursuant to the Law No. 6306 on the Transformation of Areas under Disaster Risk.
The features of the expedited procedure to be applied to the above-mentioned administrative lawsuits in limited number are as follows
The period for filing a lawsuit in the urgent procedure is 30 days.
The rules regulated in Article 11 of the İYUK, which give additional time periods to the time limit for filing a lawsuit in case of an application to a higher authority due to an administrative act, shall not apply.
The administrative court conducts the initial examination within 7 days and notifies the defendant of the petition and its annexes.
In the expedited procedure, the defence period is fifteen days from the notification of the statement of claim, and this period may be extended for a maximum of fifteen days for one time only.
The file shall be deemed complete upon the submission of the defence or the expiry of the defence submission period.
In cases subject to the expedited procedure, the decisions to be made regarding the request for stay of execution cannot be appealed.
Cases subject to the expedited procedure shall be decided within one month at the latest from the date the file is finalised. Procedures such as issuing an interim decision, conducting discovery, expert examination or holding a hearing shall be concluded urgently.
Final decisions rendered by the administrative court in accordance with the expedited procedure may be appealed within fifteen days from the date of notification. The period for responding to the appeal petitions is fifteen days. The appeal request shall be decided within two months at the latest. The decision shall be notified within one month at the latest.
In the expedited procedure, the Council of State shall decide on the merits of the matter at the end of its examination of the documents, if it deems the information obtained on the material facts sufficient or if the appeal is only related to legal points or if it is possible to correct the material errors in the appealed decision. Otherwise, it shall make the necessary examination and investigation itself and decide on the merits again. However, in cases where it finds the appeal against the decisions rendered upon the first examination justified, it shall overturn the decision and send the file back. Decisions rendered on appeal are final.
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