Administrative Law and Consultancy Services

Administrative law is one of the most fundamental branches of law that regulates the functioning of the state's administrative bodies, their relations with individuals, and the use of public power, protecting the rights of citizens against the state. Every action and act of the administration must be in accordance with the law. Our Adıyaman-based law firm specializes in annulment lawsuits and full remedy lawsuits (compensation) to be filed before Administrative Courts and the Council of State in order to eliminate grievances arising from unlawful actions of the administration. Protecting the rights of the individual against public power is a requirement of the rule of law principle.

The Nature of Administrative Power and Judicial Review

Administrative law differs from private law in that it involves an inherent inequality between the state (acting in the public interest) and the individual. This 'superior power' is balanced by the principle of legality and strict judicial review. Every administrative act must have a legal basis, follow a proper procedure, be motivated by a legitimate public purpose, and be proportional. Our Legalise lies in dissecting these acts to find procedural or substantive flaws that justify their annulment.

Annulment and Full Remedy Lawsuits

Lawsuits filed for the cancellation of administrative acts that are unlawful in terms of authority, form, reason, subject, or purpose are called annulment lawsuits. If a person's right has been violated due to an administrative act or action, full remedy (compensation) lawsuits are filed. Our firm produces strategic Support for the protection of individuals' rights against the state's superior powers in areas such as zoning law, public procurement, and civil service law.

Exhaustion of Administrative Remedies

Before filing a lawsuit against many administrative acts, it is often mandatory or optional to apply to the higher administrative authority (re-evaluation/appeal). Under the Administrative Procedure Act, failing to follow these pre-litigation administrative protocols can lead to the rejection of the case on procedural grounds. We manage these application processes meticulously to ensure that the path to a judicial remedy remains open. This includes formal applications under the Right to Information Act and petitions to the Ombudsman Institution where appropriate.

Stay of Execution (Suspension)

Since administrative acts are presumed to be lawful, they continue to be implemented even after a lawsuit is filed. To prevent irreparable damage while the case is pending, a Stay of Execution (Yürütmeyi Durdurma) must be requested. This requires proving that the act is prima facie unlawful and that its implementation would cause irreparable harm. Our firm specializes in preparing the complex technical and legal arguments necessary to obtain these vital interim orders, especially in cases of imminent demolition or dismissal from service.

Municipal Law and Urban Transformation

Disputes arising from zoning plans, construction permits, and occupancy certificates fall within the scope of municipal law. Furthermore, legal challenges to 1/1000 and 1/5000 scale zoning plans, as well as the Urban Transformation (Kentsel Dönüşüm) processes involving the declaration of risky areas and risky structures, require high-level legal and technical expertise. We represent property owners in challenging zoning decisions that unfairly restrict their property rights and negotiate fair terms in urban renewal projects.

Civil Servant Discipline and Personnel Law

Public employees are subject to strict disciplinary procedures. We provide legal defense for civil servants in disciplinary investigations, ranging from reprimands to dismissal from public service. We also handle cases related to appointments, transfers, promotions, and the restoration of rights for public personnel. Protecting the career rights and Legal dignity of public servants is one of our key focus areas, ensuring that 'objective merit' and 'duty of loyalty' are interpreted fairly.

Council of State (Danıştay) Appeals

The Council of State serves both as the highest administrative court and as a court of appeal. We handle the process of appealing decisions made by regional administrative courts to the Council of State. Our team prepares comprehensive cassation petitions focusing on legal errors, procedural violations, and precedent-setting administrative principles to achieve the Effective possible outcomes for our clients in the final instance.

Public Procurement Law and Tender Disputes

Disputes arising during the bidding, evaluation, and awarding stages of public tenders are subject to specific administrative procedures before the Public Procurement Authority (KİK). We provide consultancy on filing complaint and appeal-complaint applications and represent firms in annulment lawsuits against tender decisions. Our services cover 'exclusion from tender' decisions, 'forfeiture of bid bonds', and disputes arising from the implementation of public contracts after the tender is awarded.

Expropriation (Kamulaştırma) and De Facto Occupation

When the state takes over private property for public use, owners are entitled to 'fair compensation' at market value. We represent landowners in price determination and registration cases, ensuring they receive the true value of their property. We also specialize in cases of 'de facto occupation without expropriation', where the state uses a citizen's land without formal expropriation, seeking both compensation and prevention of intervention.

Educational Law and Student Rights

Administrative law also regulates the relationship between students and educational institutions (universities, schools). We handle cases related to student disciplinary actions, grading disputes, cancellation of exam results, and equivalence (denklik) issues before the Council of Higher Education (YÖK). Ensuring that students' right to education is not arbitrarily restricted is a vital part of our practice.

Administrative Liability in Health Services (Malpractice)

In state and university hospitals, medical errors are considered 'fault of service' (hizmet kusuru). Unlike private hospitals, claims against public health institutions must be filed in administrative courts as full remedy actions. We represent victims of medical negligence in seeking compensation for material and moral damages, analyzing medical reports and expert opinions to prove the causal link between the service failure and the harm.

Traffic and Transport Law (Administrative Procedures)

Certain aspects of traffic law, such as the cancellation of driver's licenses for health reasons or point accumulations, and the revocation of commercial transport permits/plates, are administrative acts. We file lawsuits for the annulment of these decisions to protect our clients' mobility and livelihoods.

Social Security and Pension Disputes

Disputes with the Social Security Institution (SGK) regarding retirement age calculation, service consolidation (hizmet birleştirme), and the cancellation of pensions due to 'fictitious marriage' or other allegations are administrative in nature. We represent retirees and workers in ensuring their hard-earned social security rights are protected against administrative errors.

Administrative Sanctions and Fines

We represent clients in challenging administrative fines imposed by various regulatory bodies (e.g., Competition Authority, Capital Markets Board, Municipalities). Whether it is a traffic-related municipal fine or a multi-million lira regulatory penalty, we analyze the procedural regularity and substantive legality of the sanction to seek its annulment, focusing on the principle of 'no penalty without law'.

Regulation of Regulated Markets

In sectors like energy, telecommunications, and banking, administration is exercised through independent regulatory agencies (EPDK, BTK, BDDK). We provide legal support in challenging the general regulations (regulations, communiqués) and individual decisions (licenses, penalties) of these institutions through the administrative judicial system.

In conclusion; as an administrative lawyer, we act as a bridge between the citizen and the state, ensuring that the administration's actions are transparent, accountable, and legal. Our goal is to ensure that the 'sovereign' state remains a 'legal' state in its dealings with you.