1. Introduction
One of the fundamental principles of a state governed by the rule of law is the judicial review of administrative actions. In Turkey, this review is carried out by a separate branch of the judiciary known as the administrative judiciary. The administrative judiciary ensures that the acts and actions of the administration comply with the law and protects individuals against unlawful use of public power. This article examines administrative cases, the structure of the administrative judiciary system, and the scope of administrative jurisdiction in Turkey.
2. Concept and Constitutional Basis of Administrative Judiciary
Administrative judiciary refers to the judicial system responsible for reviewing the legality of administrative acts and actions carried out through public authority. The constitutional basis of administrative jurisdiction in Turkey is found in Article 125 of the 1982 Constitution, which states that “judicial review shall be available against all acts and actions of the administration.” This provision reflects the principle that the administration is subject to the law and judicial control.
3. The Administrative Judiciary System in Turkey
The administrative judiciary system in Turkey is organized as a three-tier structure:
3.1. Courts of First Instance
- Administrative Courts: These courts hear annulment actions and full remedy actions arising from administrative acts.
- Tax Courts: They deal with disputes related to taxes, duties, fees, and similar financial obligations.
3.2. Regional Administrative Courts
Regional Administrative Courts function as appellate (istinaf) courts. They review the decisions of first-instance administrative and tax courts both in terms of facts and law.
3.3. Council of State (Danıştay)
The Council of State is the highest administrative court in Turkey. It serves as the court of cassation for administrative cases and also acts as a court of first instance for certain cases specified by law. In addition, the Council of State performs advisory and supervisory functions regarding administrative matters.
4. Administrative Cases
Administrative cases are regulated under the Administrative Procedure Law No. 2577. The main types of administrative cases are as follows:
4.1. Annulment Actions
Annulment actions are filed to request the cancellation of administrative acts on the grounds of illegality with respect to authority, form, reason, subject matter, or purpose. The objective of these actions is to eliminate unlawful administrative acts from the legal order.
4.2. Full Remedy Actions
Full remedy actions are compensation claims brought by individuals whose personal rights have been violated due to administrative acts or actions. These actions aim to compensate damages caused by the administration.
4.3. Cases Arising from Administrative Contracts
Disputes arising from administrative contracts concluded for the execution of public services also fall within the jurisdiction of administrative courts.
5. Scope of Administrative Jurisdiction
The jurisdiction of administrative courts covers disputes arising from the public law activities of the administration. Within this scope, administrative jurisdiction includes:
- Administrative acts executed by the use of public power,
- Disputes arising from the provision of public services,
- Taxation and fiscal disputes,
- Disciplinary sanctions imposed by administrative authorities,
- Expropriation (eminent domain) procedures.
However, disputes arising from the administration’s activities governed by private law (such as lease agreements or certain service contracts) fall under the jurisdiction of judicial courts. In cases of jurisdictional conflicts between judicial and administrative courts, the Court of Jurisdictional Disputes is authorized to resolve such conflicts.
6. Conclusion
The administrative judiciary system in Turkey plays a crucial role in ensuring the legality of administrative actions and safeguarding individual rights against the abuse of public power. Through administrative cases, the principle of the rule of law is effectively implemented, and the accountability of the administration is reinforced. A strong and independent administrative judiciary is indispensable for the protection of fundamental rights and the maintenance of democratic governance.