Introduction
The Turkish Administrative Law (Türk İdare Hukuku) governs the organization, powers, and actions of the public administration in Turkey. It sets the legal framework for how ministries, municipalities, regulatory bodies, and other administrative authorities interact with individuals and businesses. For foreigners, understanding the Turkish Administrative Law is particularly important, as it affects daily life through permits, licenses, fines, expropriation, and judicial review of government actions.
Unlike private law, where parties are equal, administrative law reflects the superior authority of the state, balanced by safeguards to protect citizens and legal entities against unlawful or unfair administrative acts.
1. Foundations of Turkish Administrative Law
The principles of Turkish Administrative Law are rooted in the Constitution of 1982 and developed through statutes, regulations, and case law. The key objectives are:
- Ensuring the rule of law in public administration,
- Protecting citizens and businesses against arbitrary actions,
- Balancing public interest with individual rights.
2. Principles of Administrative Law
Several guiding principles define the nature of administration in Turkey:
- Rule of Law (Hukuk Devleti): The administration is bound by law in all its actions.
- Legality of Administration (İdarenin Kanuniliği): Administrative actions must have a legal basis.
- Equality (Eşitlik): Public authorities must act impartially and treat individuals equally.
- Proportionality (Orantılılık): Measures taken by the administration must be proportionate to the aim pursued.
- Public Interest (Kamu Yararı): Administrative actions are justified by serving the community.
- Continuity of Public Service (Kamu Hizmetinin Sürekliliği): Public services must be delivered without interruption.
3. Organization of Public Administration
Public administration in Turkey is organized on two levels:
- Central Administration (Merkezî İdare):
- Headed by the President of the Republic.
- Includes ministries, provincial governors (vali), and district governors (kaymakam).
- Local Administration (Yerinden Yönetim):
- Municipalities (Belediyeler): Handle local services such as water, waste, urban planning.
- Special Provincial Administrations (İl Özel İdareleri): Manage services outside municipalities.
- Villages (Köyler): Basic local governance in rural areas.
Turkey also has autonomous administrative authorities (bağımsız idari otoriteler), such as the Competition Authority, Banking Regulation and Supervision Agency, and Energy Market Regulatory Authority.
4. Administrative Acts (İdari İşlemler)
Administrative law distinguishes between different forms of administrative action:
- Regulatory Acts (Düzenleyici İşlemler): General rules, such as regulations and communiqués.
- Individual Acts (Bireysel İşlemler): Decisions targeting specific persons, e.g., licenses, permits, fines.
- Contracts (İdari Sözleşmeler): Agreements with private parties for public services, such as public-private partnerships.
Administrative acts must comply with legality, proportionality, and public interest. If not, they can be annulled by courts.
5. Liability of Administration (İdarenin Sorumluluğu)
The administration may be held liable for damages caused by its acts or services:
- Fault Liability (Kusur Sorumluluğu): When harm results from negligence or wrongful conduct of officials.
- Strict Liability (Kusursuz Sorumluluk): Even without fault, if damage arises from risk, abnormal burden, or public works.
Example: If a road construction project causes property damage, the administration may owe compensation even without fault.
6. Judicial Review of Administration
One of the most important safeguards in Turkish Administrative Law is the judicial review of administrative acts.
- Administrative Courts (İdare Mahkemeleri): Handle annulment and full remedy actions.
- Tax Courts (Vergi Mahkemeleri): Specialize in tax disputes.
- Regional Administrative Courts (Bölge İdare Mahkemeleri): Handle appeals.
- Council of State (Danıştay): Highest administrative court, ensuring uniformity of jurisprudence.
Administrative courts may annul acts that are unlawful in terms of competence, form, substance, purpose, or procedure.
7. Administrative Proceedings
Individuals and businesses may file lawsuits against administrative decisions. There are two main types of actions:
- Annulment Actions (İptal Davası): Requesting cancellation of an unlawful administrative act.
- Full Remedy Actions (Tam Yargı Davası): Seeking compensation for damages caused by the administration.
Deadlines are short (often 60 days from notification), so prompt action is essential.
8. Public Procurement and Administrative Contracts
Public procurement is a major area of administrative law. The Public Procurement Law (Kamu İhale Kanunu) regulates tenders for goods, services, and works. Administrative contracts are distinct from private contracts: they contain special provisions protecting public interest and often grant special powers to the administration.
9. Administrative Sanctions
Administrative authorities may impose fines, suspensions, or restrictions without a criminal trial, provided there is legal basis and due process. Examples include:
- Building code fines,
- Tax penalties,
- Regulatory sanctions by authorities (banking, energy, competition).
These sanctions can be challenged before administrative courts.
Conclusion
The Turkish Administrative Law provides the legal framework for how the state interacts with individuals and businesses. It ensures that administrative actions are lawful, proportionate, and in the public interest, while giving citizens the right to challenge unlawful decisions before courts.
For foreigners, whether dealing with investment permits, municipal regulations, or administrative fines, knowing the principles of Turkish Administrative Law is vital. It guarantees transparency, accountability, and legal remedies when public authority oversteps its limits.
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