According to Article 11 of the Administrative Procedure Law, it is possible to object to the actions taken by the municipal council before filing a lawsuit. The objection must be made to a higher authority, not to the authority that took the decision. As stated above, the actions taken by the municipal council in the process of fulfilling its duties regulated under Article 34 of the Municipal Law No. 5393 are administrative actions. Therefore, within 60 days following the notification of the decision of the municipal council to the relevant person, the administrative action in the decision of the municipal council may be subject to an annulment action. In other words, it is possible to file an annulment action in administrative courts within 60 days against the municipal council decision notified to the relevant person.
It is also important to note that the annulment lawsuit filed against the decisions of the municipal council does not stop the execution of the administrative act being sued. If irreparable damage has occurred or is likely to occur if the decision in question is implemented, a stay of execution may be requested in the annulment lawsuits to be filed. In case the conditions specified in Article 27 of the İYUK No. 2577 are met, the court may suspend the execution of the decision of the municipal council.
The objection against the decisions of the municipal council is regulated in Article 11 of the Administrative Procedure Law No. 2577. As stated in the article, anyone who is concerned with the action taken or decision made by the municipal council may request the decision to be removed, changed or a new decision to be made from the higher authorities. In the absence of a higher authority, this request shall be directed to the authority that took the action. It is possible to file a direct annulment lawsuit for the decisions of the municipal council, or it is also possible to file an objection before filing a lawsuit. However, it is important to note that in order to file a lawsuit, it is not necessary to have first objected to the relevant decision or action.