Administrative remedies and judicial remedies are regulated against the illegality of administrative act and actions.
One of the types of administrative cases that are to ensure compliance with the law in the acts and actions of the administration are full remedy actions. Full remedy actions are cases brought by those who claim to have suffered damage due to administrative actions and act, and demand compensation for the damage.
It is regulated in Article 2/1-b of the Code of Administrative Procedure.
Administrative acts or administrative actions constitute the subject of full remedy cases.
Full remedy actions are divided into types, these are :
Which court is the competent court for full remedy actions?
Administrative Courts have general jurisdiction in full remedy actions, while the Council of State and Tax Courts are courts with special jurisdiction in full remedy actions.
In cases where there is no clear provision in the law, it is not possible to bring the cases requiring the responsibility of the administration to the judicial judiciary other than the administrative judiciary.
The attitudes and behaviors that create the responsibility of the administration may be positive or negative. For example, implied refusal decisions may also be the subject of full remedy action.
Is it possible to open full remedy actions and annulment action together?
In addition to the interest of the person concerned, a right of the person concerned may be violated due to an administrative act or action.
In these cases, it is possible to open a full remedy action together with the annulment action.
After the annulment action is filed, a full remedy may be filed. Even after the loss of the annulment case, a full remedy may be filed. Because even if the administration acted in accordance with the law in its action or transaction, there is no obstacle to filing a full remedy action in cases where the principle of strict liability is valid.
When an application is made to the administration before filing the relevant full remedy action, the period of litigation is affected by this application.
In this case, after the end of the annulment case, the relevant persons may apply to the upper authority for compensation for the damage, or to the authority that made the decision in the absence of the upper authority, within the period of litigation.
If the request of the applicant is explicitly rejected by the administration, and if an answer is not given within 60 days upon the notification of this rejection decision, a lawsuit may be filed within 30 days at the Tax Court and within 60 days at the Administrative Court.
Is it possible to file a full remedy action directly against administrative act?
For compensation for damages arising from an administrative act, a full remedy action may be filed for direct damages, or even directly without filing an action for annulment.
It should not be forgotten that a full remedy action may be filed due to the absence of an administrative act.
For example, damage may occur due to the non-implementation of the demolition decision, and for this reason a full remedy action may be brought against the administration.
Full remedy actions arising from administrative action:
Administrative action is the work, movement, operation and studies performed in the field of physics, which are not based on an administrative decision or act.
There are also administrative actions that do not have an administrative act behind.
For example, it is considered an administrative action if the administration does not do something that it should do and does not take measures to ensure the safety of life and property.
What is the statute of limitations in full court cases and when does it start?
Before the person whose right has been violated is filed, it is obligatory to notify this act in writing or to request the execution of the right by applying to the relevant administration within one year from the date on which it is learned otherwise, and in any case within five years from the date of the action.
If the application is rejected partially or completely, a preliminary decision is taken and a full remedy action may be filed in due time after this preliminary decision is taken.
In the meantime, it is worth mentioning that the preliminary decision is also an administrative act and may be subject to an annulment action.
The maximum period of 5 years foreseen for the application to the administration should be calculated from the date of the completion of the administrative action or the damage caused.
A dispute between the parties after the execution of administrative contracts may be subject to a full remedy action.
We may name the disputes in the stage before the signing of the administrative contract as the dispute arising from the administrative act; the disputes arising from the implementation of the administrative contracts and subject to full remedy action, as the dispute arising during the implementation of the administrative contract.
The damage arising from the administrative act before the administrative contract is not within the scope of the damage arising from the administrative contract; we accept it as damage arising from administrative act.
A right must be violated in order to file a full remedy action.
Persons who have the capacity to exercise civil rights may file a full remedy action.
As a rule, in full remedy actions, the administration is in the position of the defendant. The case is filed against the administration that performed the action that caused the violation of the right or performed the act.
It is possible to separate the periods foreseen for the filing of full remedy actions according to whether the case was initiated from an administrative action or an administrative act.
The term of litigation is 60 days in full remedy actions arising from administrative act.
If an application is made to the administration before a lawsuit is filed regarding the compensation of damages arising from administrative actions, a lawsuit must be filed within 60 days from the response of this application. In such cases, it should not be forgotten that the administration may not respond to the application within 60 days, and a full remedy action may be filed within 60 days following the implied rejection.
The full remedy action is opened with a petition, just like the annulment case.