Where are the petitions submitted?
You should submit your petition to relevant administrative or
tax court if there is any in your place. Be prepared bearing in
mind the fact that court fee and cost of postage are required.
It would be better if you got an estimated cost from the court
before filing a case.
What should I do if there is no adminstrative/tax court in my
You can submit your petition to a general civil court of first
I am abroad. Do I need to come back Turkey to submit a
No.You can submit your petition to Turkish Consulates.
Against which decisions can be appealed before an
An adminstrative lawsuit can be filed against Administrative
acts and/or actions which are carried out by and adminstrative
institution ( a public body;state, municipality etc.) The act in
question must also a definite one. The act is deemed not be
definite if it still continues or needs an approval by other
authority or there is a compulsory objection procedure available
before an administrative authority. If so,compulsory
administrative objection procedures must be exhausted.
If you deem that your rights have been violated by an
administrative action, you must apply to the relevant
administration for the rectification of the situation within a
year from the notification or the date they learn the action by
another way and in any case within five years from the action,
before bringing a lawsuit.
The time limit for bringing a lawsuit
The time limit to bring an action is sixty days for the actions
brought to the Council of State and administrative courts,
thirty days for the actions brought to the tax courts, unless
otherwise stated in the specific Act
What can I do if a notification has not been made?
In case that you have made a request to administrative
authorities for the implementation an act or taking an action
that may be the subject of a lawsuit and If the request is not
replied within sixty days, it shall be deemed to be dismissed.
In this case, the time limit for the action runs from the date
after you have made the request.
If response from the administration is not final or vague
what can I do?
If the response given by the authorities within sixty-day period
is not final, you may either regard this response as dismissal
or you may bring an action regarding this response as dismissal
or you may wait for the final response. In this case, the time
limit for the action shall not run. However, the waiting period
cannot exceed six months from the date of the response. However,
after expiry of 6-month period if you do not bring a lawsuit
within 60 day you will lose your right to bring a lawsuit.
What happens if you have not received a notification?
It is likely that the notification has been made via
proclamation since you have not been found in your adress. In
this case the time limit runs from fifteen days after the date
following the last day of proclamation.
What happens in case that you have filed against an
uncompleted indefinite administrative decision?
In case that you have filed a suit for an non-final
administrative decision your petition is referred to the
authorised administrative authorities. In other words your
pettion is regarded as a petition adressed to the authorised
administrative authority instead of one submitted to the court.
What should your case petition involve?
1-Your name, surname, ID no, open adress
2- Other party's open adress
3-Provided that they have written as clearly and summarily
a- Subject matter
b- Reasons of the case
c-Your ultimate aim to bring the lawsuit
d- Legal basis
e- Your evidence
i- Enumerate your evidence in a form of a list attached to the
ii- Explain clearly how to obtain other evidence that you do not
have at that moment
iii. The day of notification of the administrative act
iv.In tax actions, type and year of the relevant tax or tax
penalty, date and number of the demand note, account number of
the taxpayer, if available,
h- Relevant case law, if available ( examples of final court
decisions which are similar to your case)
How should your petiton be prepared?
Your petition is your most important tool for your case. If it
is too long or includes too many unnecessary details, it may
harm your argument.If it is too short omitting the vital legal
points that may also be a disadvantage for your claim. Thus, it
is your responsibilty to ensure that your petition has been
prepared carefully. İf would be better if you had an advice from
Is it compulsory to be represented by a lawyer before
No. Everyone is entitled to bring a case before a court on
matters concerning him/her. However,you need to take into
account of the fact that bring an action before a court may lead
to serious consequences. Moreover, if you are not able to cover
court expenses in the context of legal aid procedure, you are
entitled to apply to Bar Association of your city for a lawyer
to be appointed free of charge for your defence. Please refer to
Legal Aid Leaflet for more information.
How is a lawsuit filed?
Apply to the relevant court with your petition containing above
mentioned matters. Having calculated them, court clerks will
inform you about court fee and postage expenses which you must
pay for. Once you have submitted your pettion to court clerical
office along with receipt for the fee and cost of postage, your
case is considered to be commenced. The document that will be
given to you, contains the name of the court in which your case
will be handled (ie.Ankara 2. Administrative Court of First
Instance) and the case number. The case number consists of two
parts: the first part shows which year your case has been
commenced while the second part indicates which number your's is
among the whole cases that has been commenced in that year
within that court.( ie.2009/198) After that, you will have to
keep the case number and use them in every transaction regarding
your case ( ie. Ankara 2. Administrative Court of First Instance
What happens if my adress has been changed?
The court communicates with your via postal service. Thus, when
your adress has been changed you must inform the court of your
new adress with a petititon as soon as possible. If you are not
found at your adress you are not be able to communicate with the
court,.Then, you are not able to fulfil likely requestto be made
by court. In that case it is decided that the action has not
been brought since you have not pursued your case.
Do the administrative acts automatically stop once an
administrative suit brought against it?
Bringing an action to the Council of State or administrative
courts shall not prevent the execution of the administrative act
which is the subject of the actio n. You must request the court
for a stay of execution to be granted. If the Court decides that
implementation of an administrative act will result in damages
which are difficult or impossible to compensate for, and if this
act is clearly unlawful, it decides to stay the execution of the
What does the stay of execution mean?
This notion correspons to the stop of the administrative act
against which you have brought an lawsuit.For instance, your
house has been decided to be demolished by the local
municipality.In this case you file a lawsuit aganist the
administrative act before an administrative court with the aim
of annulment of the act alleging that the decision in question
is unlawful. Since just filing a suit itself does not
automatically stop the execution of the act. You must request
the court a stay of execution be granted. Otherwise, the act may
be executed by the municipality resulting the demolition of your
house. In that case, if you were found to be right or you won
the case the justice has still not been administrated.Therefore
in order to avoid this consequence you need to request a stay of
execution decision from the court. In the same way, Putting the
expression of Stay of execution has been requestedto both
subject and final request parts of your petition is vital.