A full remedy lawsuit is a type of administrative lawsuit filed by the person who has suffered damage due to any act, action or negligence of the administration in order to compensate the material and moral damages. A full remedy lawsuit can be characterized as an administrative lawsuit against the administration, similar to a private law action for damages or receivables.
If the full remedy action is based on the claim for compensation for a loss arising from an administrative action, it may be filed together with the annulment action, or it may be filed as an independent action after the finalization of the annulment action.
The administrative courts authorized to hear full remedy actions are as follows
Administrative court (Court of first instance),
Tax court (Court of first instance),
Regional Administrative Court (Court of Appeal),
Council of State (Court of appeal and court of first instance in some cases).
Full judgment cases filed before administrative and tax courts can be appealed to the Regional Administrative Court, while appeals can be filed to the Council of State.
WHAT ARE THE TYPES OF FULL REMEDY ACTIONS?
In administrative law, the function of a full remedy action is explained as the remedy of damages caused to the property or monetary values of individuals by the acts and actions of the administration. There are four types of full remedy actions in administrative law:
1. Full Court Action for Compensation: This is a full remedy action in which those who have suffered damages when the administration harms individuals with its acts and actions file a lawsuit for pecuniary and non-pecuniary damages in the administrative judiciary to recover the damages. One of the typical forms of compensation lawsuits is the lawsuit for pecuniary and non-pecuniary damages based on the administration’s defect in service. For example, if the administration causes the death of a person due to a hole left open by the administration during excavation work, his/her relatives may file a lawsuit for pecuniary and non-pecuniary damages against the administration.
2. Full Judicial Action in the Nature of a Recovery Action: An action for restitution, i.e. a recovery action, is a type of full remedy lawsuit filed with the request for the recovery of an asset or monetary value that has been unlawfully transferred to the account of the administration. For example, if the tax office collects excessive income tax, a full remedy action may be filed before the tax court to demand the repayment of the tax.
3. Full Judgment Action in the Nature of a Tax Action: The taxpayer may file a lawsuit before the tax court against the basis or amount of the tax within the scope of his/her responsibility. Some of these lawsuits filed before the tax court are in the nature of annulment lawsuits and some are in the nature of full judgment lawsuits.
4. Full Judgment Lawsuits Arising from Administrative Contracts: Administrative contracts are contracts in which the administration is one of the parties in order to provide public services, and unlike private law contracts, the administration is the dominant party in the contract. Disputes arising during the implementation of administrative contracts are resolved through a full remedy action. Damages arising from transactions prior to the execution of administrative contracts are within the scope of damages arising from administrative transactions. In lawsuits to be filed against such damages, not the provisions of the contract, but the legality of the administrative action is evaluated.
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