Introduction Expropriation in Turkey is one of the most important intersections between property law, administrative law and constitutional law. It allows the State and public legal entities to acquire privately owned immovable property where public interest requires it. However, because expropriation directly interferes with private ownership, it is subject to strict constitutional, statutory and judicial […]
Introduction Public hospital malpractice claims in Turkey are legally different from ordinary private hospital malpractice disputes. When a patient is harmed because of medical negligence, delayed diagnosis, surgical error, medication mistake, lack of monitoring, emergency service failure, infection control problem or insufficient informed consent in a public hospital, the claim is generally evaluated under Turkish […]
Introduction Public employment disputes in Turkey are one of the most significant areas of administrative law. These disputes involve the legal relationship between public authorities and civil servants, contracted public personnel, candidates for public office, public employees, managers, academic personnel, municipal staff and other persons working within the public sector. Appointment, promotion and transfer decisions […]
Introduction Turkish citizenship application rejections are among the most important administrative-law disputes for foreigners who wish to become Turkish citizens. A citizenship refusal may affect family unity, long-term residence plans, investment expectations, business strategy, inheritance planning, travel freedom and legal identity. For applicants who have lived in Turkey for many years, married a Turkish citizen, […]
Introduction Work permit rejections in Turkey are a major legal issue for foreign employees, employers, company shareholders, foreign investors, skilled professionals, international managers and businesses that need foreign personnel. A work permit is not merely a labor document. It directly affects the foreigner’s right to work, legal residence status, social security registration, employer compliance, immigration […]
Introduction Filing an administrative lawsuit in Turkey is the main legal remedy against unlawful acts, decisions, actions or omissions of public authorities. Administrative lawsuits may be filed against ministries, municipalities, governorates, tax offices, migration authorities, regulatory agencies, public universities, professional chambers and other public institutions that exercise public power. Administrative litigation is different from ordinary […]
Introduction Administrative law is one of the most important legal fields for foreign investors in Turkey. A foreign investor may enter the Turkish market by establishing a company, acquiring shares, opening a branch, purchasing real estate, applying for investment incentives, obtaining licenses, hiring foreign personnel, participating in public tenders, operating in a regulated sector or […]
Introduction Evidence and ex officio investigation in Turkish administrative courts are central features of administrative litigation. Unlike ordinary private law disputes, administrative cases usually involve an imbalance between the individual and the administration. The administration holds the official file, prepares the administrative act, controls internal records, stores inspection reports, possesses technical documents and often has […]
Introduction Administrative silence in Turkey is a critical concept in administrative law. In many legal disputes, the administration does not always issue an express written decision. A person may apply to a municipality, ministry, governorate, tax office, migration authority, university, regulatory body or another public institution and receive no response. If silence had no legal […]
Introduction Appeal and cassation in Turkish administrative litigation are essential legal remedies for parties who wish to challenge judgments rendered by administrative courts, tax courts, regional administrative courts or, in specific cases, the Council of State. Administrative litigation in Turkey covers disputes between individuals, companies or public entities and the administration. These disputes may involve […]