Administrative law is the whole of the legal rules applied to administrative organization and administrative activities. Administrative organization consists of the state legal entity and other public legal entities.
Administrative activities are activities carried out by using public power to meet the general and continuous needs of the society.
There is no regulated law on administrative law. The legal rules applicable to the administrative organization and administrative activities may derive from the Constitution, law, Presidential decree, international treaty, regulation and jurisprudence.
Administrative Organization
In administrative law, the term "central administration" is used for a state legal entity. The central administration is organized in the capital and provinces. The capital organization of the central government consists of the President and auxiliary organizations. The provincial organization of the central administration consists of the provincial and district administration.
All of the local administrations have a public legal personality separate from the state legal entity. Local administrations are special provincial administrations, municipalities and villages.
Administrative Activity
The subject of administrative activity is public service. The administration can perform the public service in person or can have this work done by private persons.
Performing public services by legal entities in the public sector is called the consignment procedure.
In accordance with the contract made by the administration with a private person, the expenses of a certain public service to be made by a private person, with the profit and loss belonging to the private person, is called the concession procedure. The power to grant concessions on behalf of the state belongs to the President. The opinion of the Council of State should be taken while granting concessions regarding public services. Disputes arising in concession agreements are brought to administrative jurisdiction, but if the arbitration clause is stipulated, they must be resolved through national or international arbitration.
Providing a public service to a private person in return for a lump-sum price is called tax farming.
The build-operate-transfer method involves the establishment of a public service facility by a private enterprise, its operation for a certain period of time in order to generate a certain profit, and then its delivery to the administration free of charge.
Build-operate method is a model that envisages the establishment and operation of electricity power plants by capital companies as their own ownership and the sale of the energy to be produced to the public administration.
Administrative Act
Unilateral declarations of the administration are called administrative proceedings. The elements of the administrative process are authority, form, reason, subject and purpose.
The element of authority is that the administrative act is carried out by the person and authority authorized by the Constitution and the law.
If an unauthorized person acts in an area where the administration is in charge, it creates a breach of authority.
It constitutes an infringement of authority if a competent authority or public official takes action on a matter that does not fall under his / her jurisdiction.
Shape element, if a special shape is foreseen for an administrative act, this shape must be followed. Failure to comply with the shape requirement will cripple the process.
The motive factor is the reason that prompts the administration for action.
Subject element refers to the legal consequence of the transaction.
The element of purpose should always be for the public good.
Administration's Responsibility
The responsibility of the administration based on fault is called service fault. The service defect appears in three ways. Service malfunction, delayed service, and service failure constitute the service defect.
When the administration is involved in carrying out a dangerous activity, the perfect responsibility of the administration arises.
Filing a Lawsuit in Administrative Courts
A lawsuit can be filed against administrative proceedings and against the fault of the administration in administrative jurisdiction. The lawsuit is generally opened in the administrative court of the place where the transaction was made or the fault occurred. There are two types of cases, full remedy cases and annulment cases. The period for filing an administrative lawsuit is 30 days in tax cases and 60 days in administrative cases. Administrative cases are opened with signed petitions addressed to the Council of State, administrative courts and tax courts.
Appeals and objection against the decisions of administrative courts are open.
