HOW TO FILE A FULL REMEDY CASE?
A full remedy lawsuit is a type of administrative lawsuit that can be filed before the Council of State, administrative or tax court, depending on the nature of the administrative act or action. Full remedy actions can be filed as follows (D.6-K:2015/1893):
Those who are harmed by an administrative action must apply to the relevant administration within 1 year from the date on which they learned about the damaging administrative action by written notification of the administration or otherwise, and in any case within 5 years from the date of the action, and request the fulfillment of their rights before filing a full remedy action. In the event that these requests are partially or completely rejected, a full judicial action may be filed within the period for filing a lawsuit starting from the day following the notification of the transaction in this regard.
They may directly file a full remedy lawsuit against the administrative act that violates their rights within the filing period foreseen for the annulment lawsuit.
They may file annulment and full remedy actions together against the administrative act that violates their rights within the time limit for filing a lawsuit.
Upon the decision of the annulment lawsuit filed against the administrative act that violates the rights, they can file a full judicial action within the 60-day litigation period starting from the notification of the decision.
They may file a lawsuit for damages arising from the execution of the administrative act that violates their rights within the period of filing a lawsuit from the date of execution, or they may file the aforementioned full remedy lawsuits within these four separate full remedy lawsuit filing periods by using the remedies stipulated in Article 11 of Law No. 2577, which we explain below.
WHAT IS THE TIME LIMIT FOR FILING A FULL REMEDY ACTION?
In administrative law, the time limit for filing a full remedy action starts to run as soon as the transaction or action causing the damage and the scope of the damage are fully learned.
1. The period for filing a direct full remedy action in the administrative jurisdiction due to “administrative actions
Those whose rights have been violated by administrative actions must, before filing an administrative lawsuit, apply to the relevant administration within one year from the date on which they learned of these actions upon written notification or otherwise, and in any case within five years from the date of the action, and request the fulfillment of their rights. In the event that these requests are partially or completely rejected, a full judicial action may be filed within the period for filing a lawsuit starting from the day following the notification of the action in this regard. If the administration does not respond to the request within 30 days, the request shall be deemed rejected on the date this period expires. After the request is deemed to be rejected, a full court action may be filed within the 60-day period for filing a lawsuit (Article 11 of the Administrative Procedure Law).
2. Time limit for filing a direct full remedy action in administrative courts due to “administrative actions
General Period for Filing a Lawsuit: A full remedy action must be filed within 60 days in administrative courts and 30 days in tax courts following the notification of the administrative action (Art. 7 of the İYUK). These periods are not statute of limitations, but are in the nature of a grace period. As a rule, these filing periods apply when filing a full remedy action against all administrative acts.
Special Period for Filing a Lawsuit: Due to the nature of administrative acts, special laws or special articles may stipulate separate litigation periods other than the general litigation periods. In this case, not the general time for filing a lawsuit, but the special time for filing a lawsuit stipulated in the law regarding the administrative act shall be applied. However, in order for the special time for filing a lawsuit to apply, the special time for filing a lawsuit must be clearly indicated in the administrative act. In cases where the special time for filing a lawsuit is not explicitly indicated in the administrative act, a full remedy lawsuit may be filed against that administrative act within the general time limits for filing a lawsuit.
The time limit for filing a civil action against an administrative act in case of application to higher authorities: Before filing an administrative lawsuit by the relevant persons, the abolition, withdrawal, amendment or modification of the administrative act to be subject to a full remedy action may be requested from the higher authority, or if there is no higher authority, from the authority that has taken the action, within the administrative lawsuit filing period. This application stops the administrative action filing period that has started to run. If no response is given within thirty days, the request shall be deemed rejected. In the event that the request is rejected or deemed rejected, the period for filing a lawsuit starts to run again and the time elapsed until the date of application is taken into account (Article 11 of the İYUK). For example, upon the notification of an administrative action taken by Bakırköy District Governorship on 01.01.2021, the objection of the person who objected to the Istanbul Governorship, which is the higher authority, on 21.01.2021 against the action, was rejected by the Istanbul Governorship on 01.03.2021. In this case, the time remaining from the period for filing a lawsuit will continue to run from the date of the superior authority’s rejection. In other words, the 20 days from the date of notification of the transaction until the date of objection, which is 21.01.2021, are deducted from the time to file a lawsuit, and the remaining time to file a lawsuit starts to run from 01.03.2018, which is the date of the superior authority’s rejection.
The time limit for filing a full remedy action against an administrative act if an annulment action is filed first: Those concerned may file a lawsuit for annulment of an administrative act that violates their rights, and upon the resolution of this lawsuit, upon the notification of the decision on this matter or the decision to be given in case of application for legal remedies; they may file a full remedy lawsuit within the period of filing a lawsuit from the date of notification (Council of State and Administrative Court 60 days, Tax Court 30 days). For damages arising from the execution of an administrative act, a full remedy action may be filed within the time limit for filing a lawsuit (60 days for Council of State and Administrative Court, 30 days for Tax Court) starting from the date of execution of the act (Article 12 of the İYUK).
3. In the event of an application to administrative authorities for an action or action, the period for filing a full remedy action (Article 10 of the İYUK)
While there is not yet an administrative action that can be subject to annulment and full judicial action, or if there is, but the person concerned is not aware of it; the person concerned may apply to the administration with a petition and request an action or action to be taken.
If no response is given within 30 days, the request is deemed rejected. Those concerned may file a lawsuit to the Council of State, administrative and tax courts, depending on the subject matter, within the period for filing a lawsuit as of the end of the 30 days. In other words, if the request is deemed to be rejected, the period for filing a lawsuit shall expire after 60 or 90 days, depending on the subject matter, from the date of the petition.
It should be noted that, although the administration responds within the 30-day period, if the response is not definitive, the relevant person may file a lawsuit by deeming this response as a rejection of his/her request, or he/she may wait for the definitive response. In cases where the relevant person waits for the definitive answer, the period for filing a lawsuit does not start. However, the waiting period cannot exceed 4 months from the date of application.
In cases where the lawsuit is not filed or the lawsuit is rejected out of time, if a reply is given by the competent administrative authorities after the expiration of the thirty-day period, they can file a lawsuit within the period of filing a lawsuit (Council of State and Administrative Court 60 days, Tax Court 30 days) from the notification of the reply. For example, the administration did not respond to the application made by petition on 01.2.2021 within 30 days and then the lawsuit was not filed within the time limit for filing a lawsuit. When the administration responds to the application made 5 months later on 01.07.2021, an additional 60-day period for filing a lawsuit starts to run from the date of notification of the response.
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