Full judgement action 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 judgement action can be characterised as an administrative action similar to a private law action for damages or claims against the administration.
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 action for annulment. Or it may be filed as an independent action after the finalisation of the action for annulment.
The administrative courts in charge of full judgement proceedings 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 judgement lawsuits filed before administrative and tax courts are appealed to the Regional Administrative Court and appealed to the Council of State.
WHAT ARE THE TYPES OF FULL JUDGEMENT CASES?In administrative law, the function of the full judgement. Case is explained as the compensation of the 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 Judgement Action in the Nature of Compensation Action. When the administration causes damage to persons through its acts and actions, it is a full remedy action in which those who have suffered. Damage file a lawsuit for pecuniary and non-pecuniary damages in the administrative judiciary and obtain compensation for the damage. One of the typical forms of compensation lawsuit is the lawsuit for pecuniary and non-pecuniary damages based. On the administration’s service defect. For example, if the administration causes the death of a person due to a hole left open. By the administration during excavation work, the relatives may file a lawsuit for pecuniary and non-pecuniary damages against the administration.
2. Full Jurisdiction Case in the Nature of Recovery Action. An action for restitution, i.e. a recovery action. Is a type of full judgement action 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, in the event. That the tax office collects excessive income tax, a full judgement action. May be filed before the tax court to demand the repayment of the tax.
3. Full Judgement 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 cancellation. Lawsuits and some of them are in the nature of full jurisdiction lawsuits.
4. Full Jurisdiction 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 judgement action. Damages arising from transactions prior. To the execution of administrative contracts are within. The scope of damages arising from administrative transactions.
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