Administrative Judicial Procedure Law

1. The resolution of disputes falling within the jurisdiction of the Council of State, regional administrative courts, administrative courts and tax courts shall be subject to the procedures set out in this Law.

2. Written proceedings shall apply before the Council of State, regional administrative courts, administrative courts and tax courts, and the examination shall be conducted on the basis of the case file.

Types of administrative actions and limits of administrative judicial power:

1. Amended: 10/6/1994, Law No. 4001, Art. 1 The types of administrative actions are as follows:

a) Annulled by Constitutional Court decision of 21/9/1995, E. 1995/27, K. 1995/47; Re-enacted: 8/6/2000, Law No. 4577, Art. 5 Actions for annulment brought by those whose interests have been infringed, seeking the annulment of administrative acts on the ground that they are unlawful in respect of any one of the elements of competence, form, cause, subject matter or purpose,

b) Full remedy actions brought by those whose personal rights have been directly impaired by administrative actions and acts,

c) Amended: 18/12/1999, Law No. 4492, Art. 6 Actions concerning disputes arising between the parties from any kind of administrative contract concluded for the performance of a public service, excluding disputes arising from concession specifications and contracts in which recourse to arbitration is provided for.

2. Administrative judicial power is limited to review of the lawfulness of administrative actions and acts. Administrative courts may not review expediency, and may not render judicial decisions that would restrict the performance of the executive function in accordance with the forms and principles set out in laws and Presidential Decrees, that have the character of an administrative action or act, or that would remove the discretionary power of the administration.

3. Repealed: 2/7/2018, Decree-Law No. 703, Art. 185

Filing of administrative actions:

1. Amended: 10/6/1994, Law No. 4001, Art. 2 Administrative actions shall be filed by signed petitions addressed to the presidency of the Council of State, of the administrative court or of the tax court.

2. The petitions shall set out the following:

a) The names and surnames or titles and the addresses of the parties and, if any, of their attorneys or representatives, and the Republic of Türkiye identity numbers of natural persons,

b) The subject matter and grounds of the action and the evidence on which it is based,

c) The date of written notification of the administrative act forming the subject matter of the action,

d) In actions concerning taxes, duties, fees, similar financial obligations and the increments and penalties thereon, and in full remedy actions, the amount in dispute,

e) In tax actions, the type and year of the tax or tax penalty to which the action relates, the date and number of the notice served and, if any, the taxpayer account number;

These particulars shall be indicated in the petition.

3. The originals or copies of the decision and documents forming the subject matter of the action shall be attached to the petition. The petitions and the copies of the documents attached to them shall be one more in number than the number of opposing parties.

Places where petitions are to be submitted:

Petitions, defences and all kinds of documents relating to actions may be submitted to the Council of State or the presidency of the court to which they pertain, or, for forwarding to them, to the presidencies of an administrative or tax court; in places where there is no administrative or tax court, to the civil judgeships of first instance, irrespective of whether such places lie within the boundaries of a metropolitan municipality; or, in foreign countries, to Turkish consulates.

Cases in which an action may be filed by a single petition:

Amended: 10/6/1994, Law No. 4001, Art. 3 1. A separate action shall be filed against each administrative act. However, an action may also be filed by a single petition against more than one act between which there is a factual or legal connection or a relationship of cause and effect.

2. In order for more than one person to file an action by a joint petition, the claimants must share a common right or interest, and the factual event or the legal grounds giving rise to the action must be the same.

Procedure to be applied upon the petition:

1. Petitions submitted to the presidencies of the Council of State, the administrative court and the tax court, or to the places listed in Article 4, shall be recorded in the register immediately after the fee and postage costs have been collected, and the date and number of the record shall be written on the petition. The action shall be deemed to have been filed on the date on which this record is made.

2. Claimants shall be given a signed and sealed receipt, free of stamps, showing the date and number of the record.

3. Petitions submitted to the other places listed in Article 4 shall be sent by registered mail to the Council of State or to the presidency of the court to which they pertain within three days at the latest. Where fee stamps are not available at such places, the amount of money collected in lieu thereof and the date and number of the receipt shall be written on the petitions.

4. Amended: 10/6/1994, Law No. 4001, Art. 4 Where, for any reason, an action has been filed without payment of the fee or postage costs, or with an insufficient fee or insufficient postage costs, the chamber president or the rapporteur judge whom he or she designates, or the court president or the judge, shall serve notice on the person concerned to pay and complete the fee and postage costs within thirty days. If the requirement is not fulfilled despite such service, the notification shall be repeated once more in the same manner. If the fee or postage costs are not paid or completed within the time limit, a decision shall be rendered that the action is deemed not to have been filed, and this decision shall be served on the claimant.

5. Amended: 10/6/1994, Law No. 4001, Art. 4 Where, after the action has been filed, the postage costs are reduced to such an extent as to prevent service procedures, the chamber president or the rapporteur judge whom he or she designates, or the court president or the judge, shall serve notice on the person concerned to complete the postage costs within thirty days. If the requirement is not fulfilled despite such service, the notification shall be repeated once more in the same manner. If the postage costs are not completed within the time limit, a decision shall be rendered to remove the file from the docket. If, within three months from the date of service of this decision, no request is made for the file to be reinstated by completing the deficiency, a decision shall be rendered that the action is deemed not to have been filed, and this decision shall be served on the claimant.

6. Amended: 10/6/1994, Law No. 4001, Art. 4 The service referred to in paragraphs 4 and 5 shall be effected ex officio at the expense of the general budget.

Time limit for filing an action:

1. The time limit for filing an action, in cases where no separate time limit is provided in the relevant special laws, is sixty days before the Council of State and the administrative courts and thirty days before the tax courts.

2. These time limits:

a) In administrative disputes, from the date on which the written notification is made,

b) In disputes arising from taxes, duties and fees, similar financial obligations and the increments and penalties thereon: for taxes whose assessment depends on collection, from the date of collection; in cases where service is made or in procedures substituting for service, from the date of service; for taxes collected by withholding, from the date of payment to the persons entitled; for taxes subject to registration, from the date of registration; and in matters in which the administration is required to file an action, from the date on which the decision of the relevant authority or commission reaches the administration;

shall begin to run on the day following such date.

3. Where notification is made by public announcement under the provisions of special laws to persons whose addresses are unknown, the time limit shall, unless otherwise provided in the special law, begin to run fifteen days after the day following the date of the last announcement.

4. For regulatory acts that are required to be announced, the time limit for filing an action shall begin to run on the day following the date of announcement. However, upon the application of such acts, the persons concerned may file an action against the regulatory act or against the act of application, or against both together. The fact that the regulatory act has not been annulled shall not prevent the annulment of an act based on that regulation.

1. Time limits shall begin to run on the day following the date of service, publication or announcement.

2. Official holidays are included in the time limits. However, if the last day of a time limit falls on a holiday, the time limit shall be extended until the end of the working day following the holiday.

3. If the expiry of the time limits set out in this Law coincides with the judicial recess, such time limits shall be deemed extended by seven days from the day following the day on which the recess ends.

Application to authorities lacking jurisdiction:

1. Amended: 5/4/1990, Law No. 3622, Art. 2 Where actions whose resolution falls within the jurisdiction of the Council of State or of the administrative and tax courts have been filed before the ordinary (…) judicial authorities and are dismissed for lack of jurisdiction, an action may be filed before the competent court within thirty days from the day following the date on which the decisions on this matter become final. The date of application to the judicial authority lacking jurisdiction shall be accepted as the date of application to the Council of State or to the administrative and tax courts.

2. In actions filed before the ordinary (…) judicial authorities and dismissed for lack of jurisdiction, even if the thirty-day time limit set out in paragraph 1 has elapsed after the decision on lack of jurisdiction became final, an administrative action may be filed within the time limit prescribed for filing an administrative action, provided that such time limit has not yet expired.

Silence of administrative authorities:

1. Persons concerned may apply to administrative authorities for the performance of an act or action concerning them that may be the subject of an administrative action.

2. Amended: 10/6/1994, Law No. 4001, Art. 5 If no reply is given within thirty days, the request shall be deemed to have been rejected. The persons concerned may, within the time limit for filing an action running from the date on which the thirty days expire, file an action before the Council of State or the administrative and tax courts, depending on the subject matter. If the reply given by the administration within the thirty-day period is not definitive, the person concerned may either treat this reply as a rejection of the request and file an action, or wait for the definitive reply. In that case, the time limit for filing an action shall not run. However, the waiting period may not exceed four months from the date of application. Where no action has been filed or the action has been dismissed as time-barred, if a reply is given by the competent administrative authorities after the expiry of the thirty-day period, the persons concerned may file an action within sixty days from the service of the reply.

3. Repealed: 10/6/1994, Law No. 4001, Art. 5

Application to superior authorities:

1. Before filing an administrative action, the persons concerned may, within the time limit for filing an administrative action, request the superior authority or, where there is no superior authority, the authority which performed the act, to revoke, withdraw or amend the administrative act or to perform a new act. Such application shall suspend the time limit for filing an administrative action that has begun to run.

2. If no reply is given within thirty days, the request shall be deemed to have been rejected.

3. Where the request is rejected or deemed to have been rejected, the time limit for filing an action shall resume running, and the period elapsed up to the date of application shall also be taken into account.

4. Repealed: 10/6/1994, Law No. 4001, Art. 6

Actions for annulment and full remedy actions:

The persons concerned may, on account of an administrative act infringing their rights, file directly before the Council of State and the administrative and tax courts a full remedy action, or an action for annulment and a full remedy action together; alternatively, they may first file an action for annulment and, upon that action being decided, file a full remedy action within the time limit for filing an action running from the service of the decision on this matter or, where legal remedies have been pursued, of the decision rendered thereon, or, in respect of damages arising from the enforcement of an act, from the date of enforcement. In this case as well, the right of the persons concerned to apply to the administration under Article 11 is reserved.

Filing a full remedy action directly:

1. Persons whose rights have been infringed by administrative actions must, before filing an administrative action, apply to the relevant administration and request the fulfilment of their rights within one year from the date on which they learned of such actions through written notification or otherwise, and in any event within five years from the date of the action. Where such requests are rejected in whole or in part, an action may be filed within the time limit for filing an action, running from the day following the service of the act on this matter or, where no reply to the request is given within thirty days, from the date of expiry of that period.

2. Where a full remedy action filed before ordinary (…) judicial authorities lacking jurisdiction is dismissed for lack of jurisdiction, the requirement of prior application to the administration provided for in paragraph 1 shall not be sought in actions subsequently filed before the administrative judicial authorities.

Preliminary examination of petitions:

1. At the Council of State, petitions shall be registered by the Records Directorate and referred by the Secretariat General to the competent chambers.

2. Amended: 2/7/2012, Law No. 6352, Art. 53 In regional administrative courts, administrative courts and tax courts, petitions shall be registered by the records office and referred to the relevant courts. The petitioner shall be given a receipt, free of charge, showing the date and number of the document.

3. Amended: 5/4/1990, Law No. 3622, Art. 5 Petitions shall be examined, at the Council of State by a rapporteur judge designated by the chamber president, and in administrative and tax courts by the court president or a member designated by him or her, in the following order with respect to:

a) Subject-matter and territorial jurisdiction,

b) Encroachment on the authority of an administrative body,

c) Capacity,

d) Whether there is a final and enforceable act that may be the subject of an administrative action,

e) Expiry of the time limit,

f) Proper designation of the defendant,

g) Whether they comply with Articles 3 and 5;

these matters shall be examined in that order.

4. Amended: 5/4/1990, Law No. 3622, Art. 5 If the petitions are found to be contrary to law in these respects, the situation shall be notified to the competent chamber or court by means of a report. No report shall be prepared for petitions in actions to be decided by a single judge, and the provisions of Article 15 shall be applied by the judge concerned. The examination to be conducted under paragraph 3 and the procedures to be carried out under this paragraph and paragraph 5 shall be concluded within fifteen days at the latest from the date of receipt of the petition.

5. If those conducting the preliminary examination find no illegality in these respects, or if the preliminary examination report is not found justified by the chamber or court, the service procedure shall be carried out.

6. Where the above matters are determined after the preliminary examination, the provision of Article 15 shall likewise be applied at any stage of the action.

Decision to be rendered upon preliminary examination:

1. Amended: 5/4/1990, Law No. 3622, Art. 6 If the Council of State or the administrative and tax courts find any illegality in the matters set out in paragraph 3 of the preceding article, pursuant to Article 14:

a) under subparagraph 3/a, the dismissal of actions filed in matters falling within the jurisdiction of the ordinary (…) judiciary; and, in matters falling within the jurisdiction of the administrative judiciary, the dismissal, on grounds of subject-matter or territorial jurisdiction, of an action filed before a court lacking subject-matter or territorial jurisdiction and the sending of the case file to the court having such jurisdiction,

b) in the cases set out in subparagraphs 3/c, 3/d and 3/e, the dismissal of the action,

c) under subparagraph 3/f, where the action has been filed without designating a defendant or by designating the wrong defendant, the service of the petition on the actual defendant to be determined,

d) in the case set out in subparagraph 3/g, the rejection of the petitions so that they may be redrafted in accordance with Articles 3 and 5 or their deficiencies completed within thirty days, or, in the cases set out in subparagraph (c), where the action has been filed by a representative who is not an attorney on behalf of a person having capacity, so that the action may be filed within thirty days by that person in person or through an attorney,

e) in the case set out in subparagraph 3/b, the transmission of the petitions to the competent administrative authority,

shall be decided.

2. Where petitions are transmitted to the competent authority, the date of application to the Council of State or to the relevant court shall be accepted as the date of application to that authority.

3. Where petitions are rejected for non-compliance with Article 3, no additional fee shall be charged for the new petitions.

4. Amended: 10/6/1994, Law No. 4001, Art. 7 Decisions rendered by the Council of State or the courts upon preliminary examination may be challenged by way of appeal (istinaf) or appeal on points of law (temyiz), as the case may be, except for decisions dismissing the action on grounds of subject-matter or territorial jurisdiction in matters falling within the jurisdiction of the administrative judiciary as specified in subparagraph 1/a of this article, decisions on service on the actual defendant under subparagraph 1/c, and decisions rejecting petitions under subparagraph 1/d.

5. Added: 5/4/1990, Law No. 3622, Art. 6 Where, following the rejection of a petition under subparagraph (d) of paragraph 1, the same errors are repeated in the petition submitted anew, the action shall be dismissed.

Service and reply:

1. A copy each of the petitions and their annexes shall be served on the defendant, and the defence submitted by the defendant shall be served on the claimant.

2. The claimant's second petition shall be served on the defendant, and the second defence submitted by the defendant shall be served on the claimant. The claimant may not reply thereto. However, if it becomes apparent during the hearing of the action that the defendant's second defence contains matters requiring a reply by the claimant, the claimant shall be granted a time limit to reply.

3. The parties may reply to the documents served on them within thirty days from the date of service. This time limit may be extended, only where there are justified reasons and upon the request of one of the parties, by decision of the competent court, once only and for a period not exceeding thirty days. Requests for extension made after the expiry of the time limit shall not be accepted.

4. The parties may not assert any right on the basis of defences or second petitions submitted after the expiry of the time limit. Added sentence: 11/4/2013, Law No. 6459, Art. 4 However, in full remedy actions, the amount specified in the petition may be increased once only, until the final decision is rendered, upon payment of the fee, irrespective of time limits or other procedural rules, and the petition concerning the increase of the amount shall be served on the opposing party for a reply within thirty days.

5. Amended: 10/6/1994, Law No. 4001, Art. 8 The originals or certified copies of the administrative files relating to the actions shall be sent, together with the defence of the administration, to the Council of State or to the presidency of the relevant court.

6. Added: 2/7/2012, Law No. 6352, Art. 54 In actions heard by the Council of State as a court of first instance, the written opinion of the prosecutor on the merits shall be served on the parties. The parties may submit their views in writing within ten days from service.

Hearing:

1. Amended: 5/4/1990, Law No. 3622, Art. 7 In actions for annulment and full remedy actions exceeding twenty-five thousand Turkish Liras filed before the Council of State and the administrative and tax courts, and in tax actions in which the total of the taxes, duties and fees assessed and similar financial obligations and the increments and penalties thereon exceeds twenty-five thousand Turkish Liras, a hearing shall be held upon the request of one of the parties.

2. In appeals on points of law (temyiz) and appeals (istinaf), the holding of a hearing depends on the request of the parties and on the decision of the Council of State or of the relevant regional administrative court.

3. A request for a hearing may be made in the petition and in the replies and defences.

4. Amended: 5/4/1990, Law No. 3622, Art. 7 The Council of State, the court or the judge may, of its own motion, decide to hold a hearing irrespective of the conditions set out in paragraphs 1 and 2.

5. Summonses to the hearing shall be sent to the parties at least thirty days before the date of the hearing.

Principles relating to hearings:

1. Hearings shall be held in public. Where public morality or public safety so requires, all or part of the hearing shall be held in camera by decision of the competent chamber or court.

2. Hearings shall be conducted by the president.

3. At hearings, each party shall be given the floor twice. If only one of the parties attends, his or her statements shall be heard; if neither attends, the hearing shall not be opened and the examination shall be conducted on the basis of the case file.

4. The presence of the prosecutor is mandatory at hearings of actions heard by the Council of State. After the parties have been heard, the prosecutor shall state his or her written opinion. Thereafter, the parties shall be asked for their final words and the hearing shall be closed.

5. In matters involving a hearing, where prosecutors request an on-site inspection, an expert examination or the preservation of evidence, or the production of the administrative file, and such requests are not accepted by the competent chamber or board, they shall additionally submit a written opinion on the merits of the matter.

Rendering of decisions in matters involving a hearing:

Amended first sentence: 10/6/1994, Law No. 4001, Art. 9 A decision shall be rendered within fifteen days at the latest after the hearing has been held. Where an interim decision has been rendered, the files shall be examined with priority upon the fulfilment of that decision.

Examination of files:

1. Amended first sentence: 18/6/2014, Law No. 6545, Art. 17 The Council of State, regional administrative courts and administrative and tax courts shall, of their own motion, carry out all kinds of examination relating to the actions before them. The courts may request the parties and other relevant bodies to send the documents they deem necessary and to provide all kinds of information within the time limit set. Compliance by those concerned with decisions on this matter within the time limit is mandatory. Where there are justified reasons, this time limit may be extended once only.

2. Where one of the parties fails to comply with the requirements of an interlocutory decision, the effect of this situation on the decision to be rendered shall be assessed in advance by the court, and this matter shall be expressly stated in the interlocutory decision.

3. However, where the information and documents requested concern the security or the high interests of the State, or concern foreign states together with the security and high interests of the State, the President of the Republic or the relevant Vice President or minister may, by stating the reasons therefor, withhold such information and documents. Added sentence: 10/6/1994, Law No. 4001, Art. 10 No decision may be rendered on the basis of a defence put forward relying on information and documents that have not been provided.

4. Repealed: 10/6/1994, Law No. 4001, Art. 10

5. Amended: 5/4/1990, Law No. 3622, Art. 8 In the Council of State, regional administrative courts, administrative courts and tax courts, files shall be examined in the order of their date of receipt, taking into account the priority or urgency situations specified in this Law and other laws and the priority matters to be determined by subject matter and published in the Official Gazette, by the Board of Presidents for the Council of State and by the Council of Judges and Prosecutors for the other courts, and shall be decided in the order in which they become complete. Files falling outside these shall be concluded in the order in which they become complete and within six months at the latest from the date of completion.

6. Added: 2/7/2012, Law No. 6352, Art. 56 In appellate (istinaf) review proceedings before regional administrative courts and in actions heard by a panel in administrative and tax courts, interlocutory decisions concerning the request for the information and documents specified in paragraph 1 and the granting of additional time may also be rendered by the presiding judge of the chamber, the president of the court or the member to whom the file has been assigned.

Expedited trial procedure:

Added: 18/6/2014, Law No. 6545, Art. 18

1. The expedited trial procedure shall apply to disputes arising from the following acts:

a) Tender procedures, excluding decisions on debarment from tenders.

b) Urgent expropriation procedures.

c) Decisions of the High Council of Privatisation.

d) Sale, allocation and lease transactions carried out pursuant to the Tourism Incentive Law No. 2634 of 12/3/1982.

e) Decisions taken as a result of environmental impact assessment pursuant to the Environment Law No. 2872 of 9/8/1983, excluding decisions on administrative sanctions.

f) Decisions of the President of the Republic taken pursuant to Law No. 6306 of 16/5/2012 on the Transformation of Areas under Disaster Risk.

2. In the expedited trial procedure:

a) The time limit for bringing an action is thirty days.

b) The provisions of Article 11 of this Law shall not apply.

c) The preliminary examination shall be carried out within seven days, and the statement of claim and its annexes shall be sent for service.

d) The time limit for the defence is fifteen days from the service of the statement of claim, and this time limit may be extended once only by a maximum of fifteen days. Upon submission of the defence or expiry of the time limit for submitting the defence, the file shall be deemed complete.

e) No objection may be made against decisions rendered on a request for a stay of execution.

f) These actions shall be decided within one month at the latest from the completion of the file. Acts such as the rendering of an interlocutory decision, on-site inspection, expert examination or the holding of a hearing shall be concluded expeditiously.

g) An appeal on points of law (temyiz) may be lodged against final decisions within fifteen days from the date of service.

h) Petitions of appeal shall be examined and sent for service within three days. The provisions of Article 48 of this Law that are not contrary to this Article shall apply by analogy.

ı) The time limit for responding to petitions of appeal is fifteen days.

i) If, at the end of its examination on the documents, the Council of State considers the information obtained on the material facts sufficient, or if the appeal concerns only points of law, or if it is possible to correct material errors in the decision under appeal, it shall decide on the merits of the case. Otherwise, it shall itself carry out the necessary examination and investigation and render a new decision on the merits. However, in cases where it finds justified an appeal lodged against decisions rendered upon preliminary examination, it shall quash the decision and send the file back. Decisions rendered upon appeal are final.

j) The appeal request shall be decided within two months at the latest. The decision shall be sent for service within one month at the latest.

Trial procedure relating to central and joint examinations:

Added: 10/9/2014, Law No. 6552, Art. 96

1. In the trial procedure relating to actions brought concerning central and joint examinations conducted by the Ministry of National Education and the Measuring, Selection and Placement Centre, the acts and procedures relating to such examinations, and examination results:

a) The time limit for bringing an action is ten days.

b) The provisions of Article 11 of this Law shall not apply.

c) The preliminary examination shall be carried out within seven days, and the statement of claim and its annexes shall be sent for service.

ç) The time limit for the defence is three days from the service of the statement of claim, and this time limit may be extended once only by a maximum of three days. Upon submission of the defence or expiry of the time limit for submitting the defence, the file shall be deemed complete.

d) No objection may be made against decisions rendered on a request for a stay of execution.

e) These actions shall be decided within fifteen days at the latest from the completion of the file. Acts such as the rendering of an interlocutory decision, on-site inspection, expert examination or the holding of a hearing shall be concluded expeditiously.

f) An appeal on points of law may be lodged against final decisions within five days from the date of service.

g) Petitions of appeal shall be examined and sent for service within three days. The provisions of Article 48 of this Law that are not contrary to this Article shall apply by analogy.

ğ) The time limit for responding to petitions of appeal is five days.

h) If, at the end of its examination on the documents, the Council of State considers the information obtained on the material facts sufficient, or if the appeal concerns only points of law, or if it is possible to correct material errors in the decision under appeal, it shall decide on the merits of the case. Otherwise, it shall itself carry out the necessary examination and investigation and render a new decision on the merits. However, in cases where it finds justified an appeal lodged against decisions rendered upon preliminary examination, it shall quash the decision and send the file back. Decisions rendered upon appeal are final.

ı) The appeal request shall be decided within fifteen days at the latest. The decision shall be sent for service within seven days at the latest.

2. Decisions on stay of execution and annulment rendered in actions brought concerning central and joint examinations conducted by the Ministry of National Education and the Measuring, Selection and Placement Centre, the acts and procedures relating to such examinations, and examination results, shall be applied in a manner producing results in favour of the persons who took the examination in question.

Provisions on disputes arising from administrative acts and actions relating to military service:

Added: 24/6/2021, Law No. 7329, Art. 16

1. This Article shall apply to disputes arising from administrative acts and actions relating to military service that concern public servants employed in the posts of the Ministry of National Defence, and reserve officers, reserve non-commissioned officers, and enlisted personnel and privates performing military service within the scope of the Military Service Law No. 7179 of 25/6/2019. Added sentence: 30/6/2022, Law No. 7415, Art. 8 In the resolution of these disputes, the administrative court located in the place of the regional administrative court to which the place where the person concerned serves is attached in terms of administrative jurisdiction shall have jurisdiction.

2. In statements of claim, in addition to the matters listed in paragraph 2 of Article 3, the service record, the branch, if any, and the rank of those within the scope of this Article shall also be indicated.

3. Petitions and all kinds of documents relating to actions may, in addition to the places specified in Article 4, be submitted to the nearest superiors for transmission to the relevant administrative judicial authority.

4. In time of war, no decision may be rendered for a stay of execution.

5. In actions for annulment concerning the transfer appointments of persons assigned to implement measures taken due to states of emergency, no decision may be rendered for a stay of execution.

6. Judicial remedy is available against all kinds of decisions on termination of service by the Supreme Military Council, excluding promotion procedures and retirement procedures due to lack of available posts.

Documents submitted subsequently:

Documents not submitted together with petitions and defences shall be accepted and served on the other party if the court is satisfied that it was not possible to submit them in time. If these documents are submitted at the hearing and the other party declares that it can respond immediately or considers it unnecessary to respond, they shall not be served separately.

Deciding of actions:

1. When the matters have been clarified, the issues shall be put to the vote in turn and decided.

2. Those who remain in the minority on one of the grounds listed in Article 15 or on issues relating to the rules of procedure shall also cast their votes on the merits of the case. The opinions of those in the minority shall be written below the decisions.

Minutes:

For each case file, minutes shall be drawn up showing the names and surnames of the president and members participating in the deliberations, of the prosecutor giving an opinion at the Council of State, of the rapporteur judge and of the parties, the number of the file examined, a brief description of the subject matter of the action and the outcome of the decision rendered, and those in the majority and in the minority. These minutes shall be signed by those participating in the deliberations at the same meeting and kept in their files.

Matters to be included in decisions:

In decisions:

a) The names and surnames or titles and addresses of the parties and of their attorneys or representatives, if any,

b) A summary of the facts alleged by the claimant and of the legal grounds relied upon, the relief sought, and a summary of the defence of the defendant,

c) Amended: 10/6/1994, Law No. 4001, Art. 11 In actions heard at the Council of State, the names and surnames and the opinions of the rapporteur judge and the prosecutor,

d) In actions subject to a hearing, whether a hearing was held and, if held, the names and surnames of the parties present and of their attorneys or representatives,

e) The legal grounds on which the decision is based, its reasoning and the judgment; in actions for compensation, the amount of compensation awarded,

f) The costs of proceedings and to which party they have been charged,

g) The date of the decision and whether it was rendered unanimously or by majority vote,

h) The names, surnames and signatures of the president and members of the court or of the judge rendering the decision, and their dissenting opinions, if any,

ı) The name of the chamber or court rendering the decision and the docket and decision numbers of the file,

shall be stated. Added sentence: 8/7/2021, Law No. 7331, Art. 4 Decisions shall be written and signed within thirty days from the date on which they are rendered.

Keeping and service of decisions:

One of the originals of the decision signed by the president and members of the court or by the judge shall be placed in the decision file and the other in the case file; and a copy certified with the seal of the court and the signature of the president or judge, or at the Council of State of the president of the chamber or board or a member designated by them, shall be served on each of the parties.

Change in the identity or status of the parties:

1. If, during the action, a change occurs in the identity or status of the parties due to death or any other reason, the relevant court shall decide to remove the file from the active docket until the person to whom the right to pursue the action passes makes an application, or, in the event of the death of a party who is a natural person, until the administration renews the proceedings against the heirs. If no petition for renewal is filed within four months, any decision on stay of execution shall automatically become null and void.

2 Petitions relating to actions concerning only the deceased shall be cancelled.

3. Amended: 5/4/1990, Law No. 3622, Art. 9 Where service cannot be effected at the address indicated by the claimant, the case file shall be removed from the active docket until the new address is notified, and any decision on stay of execution shall automatically become null and void. If, within one year from the date on which the file was removed from the active docket, it is not requested that the file be reinstated by notifying the new address, it shall be decided that the action is deemed not to have been brought.

4. Amended: 5/4/1990, Law No. 3622, Art. 9 Decisions on the removal of files from the active docket and on the action being deemed not to have been brought shall be served on the other party.

Amended: 10/6/1994, Law No. 4001, Art. 12

1. The bringing of an action before the Council of State or administrative courts shall not stay the execution of the administrative act challenged.

2. Amended: 2/7/2012, Law No. 6352, Art. 57 The Council of State or administrative courts may, where the conditions that the implementation of the administrative act would cause damage that is difficult or impossible to remedy and that the administrative act is manifestly unlawful are met together, decide on a stay of execution, stating reasons, after the defence of the defendant administration has been obtained or the time limit for the defence has expired. The execution of administrative acts whose effect would be exhausted upon implementation may also be stayed without obtaining the defence of the administration, subject to a new decision being rendered after the defence is obtained. Added sentence: 21/2/2014, Law No. 6526, Art. 17 However, administrative acts concerning appointment, transfer appointment, change of duty and title, and temporary or permanent assignments made in respect of public servants shall not be considered administrative acts whose effect would be exhausted upon implementation. In decisions on stay of execution, it is mandatory to state on what grounds the administrative act is manifestly unlawful and what the damage difficult or impossible to remedy that would arise from the implementation of the act is. No decision on stay of execution may be rendered solely on the ground that an application has been made to the Constitutional Court for the annulment of the provision of the relevant law or Presidential Decree.

3. Added: 2/7/2012, Law No. 6352, Art. 57 If it is understood from the statement of claim and its annexes that the request for a stay of execution is unfounded, the request may be rejected without obtaining the defence of the defendant administration.

4. In tax courts, the bringing of actions arising from tax disputes shall stay the collection procedures for the part, made the subject of the action, of the taxes, duties and fees assessed and similar financial obligations and their surcharges and penalties. However, in tax case files removed from the active docket pursuant to paragraph 3 of Article 26, the collection procedure shall continue. The reinstatement of a file thus removed from the active docket, and actions brought on account of procedures carried out on returns filed with reservation and of collection procedures, shall not stay the collection procedure. A stay of execution may be requested in respect of these. Added sentence: 19/1/2022, Law No. 7351, Art. 2 Annulled sentence: by Constitutional Court decision of 1/6/2022, E. 2022/14, K. 2022/70

5. In actions with a request for a stay of execution, the time limits set out in Article 16 may be shortened, and it may also be decided that service be effected by an officer.

6. Decisions on stay of execution shall be rendered against security; however, depending on the requirements of the situation, security may not be required. Disputes arising between the parties concerning security shall be resolved by the chamber, court or judge that rendered the decision on stay of execution. No security shall be taken from the administration or from persons benefiting from legal aid.

7. Decisions rendered on requests for stay of execution may be objected to once only, within seven days from the day following the service of the decision: if rendered by the litigation chambers of the Council of State, to the Plenary of Administrative or Tax Litigation Chambers depending on their subject; against decisions of a regional administrative court, to the nearest regional administrative court; against decisions rendered by administrative and tax courts and by a single judge, to the regional administrative court (…). The authorities to which an objection is made are obliged to render a decision within seven days from the arrival of the file before them. Decisions rendered upon objection are final.

8. Case files in which a decision on stay of execution has been rendered shall be examined and decided with priority.

9. Added: 2/7/2012, Law No. 6352, Art. 57 Decisions rendered on stay of execution shall be written and signed within fifteen days.

10. Added: 2/7/2012, Law No. 6352, Art. 57 A request for a stay of execution may not be made a second time on the basis of the same grounds.

Effects of decisions:

1. Amended: 10/6/1994, Law No. 4001, Art. 13 The administration is obliged to carry out an act or take action without delay in accordance with the requirements of the decisions of the Council of State, regional administrative courts, and administrative and tax courts on the merits and on stay of execution. This period may in no case exceed thirty days starting from the service of the decision on the administration. Annulled sentence: by Constitutional Court decision of 10/7/2013, E. 2012/107, K. 2013/90 (…) Added sentences: 21/2/2014, Law No. 6526, Art. 18; Amended third and fourth sentences: 10/9/2014, Law No. 6552, Art. 97; Annulled third sentence: by Constitutional Court decision of 25/11/2015, E. 2014/86, K. 2015/109 (…)22 Annulled fourth sentence: by Constitutional Court decision of 25/11/2015, E. 2014/86, K. 2015/109 Added sentence: 10/9/2014, Law No. 6552, Art. 97 (…)22 however, disciplinary provisions are reserved. Added sentence: 2/7/2026, Law No. 7588, Art. 7 Acts to be carried out pursuant to court decisions resulting in reinstatement, rendered in administrative actions concerning those who have not been admitted to public service, or who have left or been dismissed from public service or the profession, or whose contracts have been terminated, on the grounds of acting in concert with terrorist organisations, aiding such organisations, using or allowing the use of public means and resources to support such organisations, making propaganda for such organisations, or being affiliated with such organisations, namely: in respect of personnel serving in the central, provincial and overseas organisation of the Ministry of National Defence and in its affiliated, related and associated institutions and the institutions within it, and candidates therefor, and military students studying at the National Defence University and candidates therefor; in respect of personnel serving in the Gendarmerie, Coast Guard and Police organisations and candidates therefor, and students at the Gendarmerie and Coast Guard Academy, the Police Academy and the education and training institutions attached thereto and candidates therefor; and in respect of personnel of the Presidency of the National Intelligence Organisation; as well as in administrative actions brought against administrative acts established pursuant to provisional Article 35 of Decree Law No. 375 of 27/6/1989, and in actions brought against the administrative act in question as a result of the negative assessment by the administration of security investigation and archive research procedures carried out pursuant to the relevant legislation, shall be carried out after the final decisions have become final and binding.

2. Amended: 2/7/2012, Law No. 6352, Art. 58 The amount awarded in actions whose subject requires the payment of a certain sum of money, and the attorney's fees and costs of proceedings awarded in all kinds of actions, shall be deposited, from the date of notification, into the bank account number which the claimant or their attorney notifies in writing to the defendant administration, within the framework of the procedures and principles specified in paragraph 1. If payment is not made within the time limits specified in paragraph 1, they shall be executed and enforced in accordance with the general provisions.

3. In cases where no act is carried out or no action is taken in accordance with the decisions of the Council of State, regional administrative courts, and administrative and tax courts, an action for pecuniary and non-pecuniary damages may be brought against the administration before the Council of State and the relevant administrative court.

4. Amended: 21/2/2014, Law No. 6526, Art. 18 Where court decisions are not complied with by public servants within the time limit, an action for compensation may only be brought against the relevant administration.

5. After court decisions relating to tax disputes have been served on the administration, the amount of taxes, duties, fees and similar financial obligations and surcharges and penalties to be determined in accordance with these decisions shall be notified to the taxpayer by the relevant administration.

6. Amended: 2/7/2012, Law No. 6352, Art. 58 In actions for compensation and tax actions, the administration shall pay interest, calculated at the deferral interest rate determined pursuant to Article 48 of Law No. 6183 of 21/7/1953 on the Procedure for the Collection of Public Receivables, for the period between the date of service of the court decision and the date of payment. However, no interest shall accrue for the period elapsing between the service of the court decision on the claimant and the date on which the bank account number is notified to the administration.

Explanation:

1. Where decisions rendered by the Council of State, regional administrative courts, administrative courts and tax courts are not sufficiently clear, or contain operative provisions that contradict one another, each of the parties may request the clarification of the decision or the removal of the contradiction.

2. Petitions for clarification shall be submitted in one copy more than the number of opposing parties.

3. The chamber or court that rendered the decision shall examine the matter and, if it deems necessary, shall serve a copy of the petition on the opposing party so that it may respond within the time limit it determines; the response shall be submitted in two copies. One of these shall be sent to the party requesting clarification or the removal of the contradiction.

4. The decision of the competent chamber or court on this matter shall be served on the parties.

5. Clarification or the removal of a contradiction may be requested until the decision has been enforced.

Correction of errors:

1. The correction of errors relating to the names, surnames and capacities of the two parties and to the conclusion of their claims, as well as of calculation errors in the operative part of the judgment, may also be requested.

2. The provisions of Article 29, other than its last paragraph, shall also apply to such requests.

3. If it is decided to correct the errors, the correction shall be written beneath the judgment.

Cases in which the Code of Civil Procedure and the Tax Procedure Law shall apply:

1. In matters for which there is no provision in this Law, the provisions of the Code of Civil Procedure shall apply with respect to: the disqualification and recusal of the judge from hearing the case, capacity, intervention of third persons in the action, third-party notice of the action, representatives of the parties, examination of the case file by the parties and interested persons, waiver and acceptance, security, counterclaim, experts, on-site inspection, preservation of evidence, costs of proceedings, legal aid, the measures to be taken against conduct of the parties during the hearing that disturbs the tranquillity and order of the court, electronic transactions, and the conduct of hearings by means of audio and video transmission. Added sentence: 5/4/1990, Law No. 3622, Art. 11; Amended: 10/6/1994, Law No. 4001, Art. 14 However, third-party notice of the action (…) shall be given ex officio by the Council of State, the court or the judge. Added sentence: 3/11/2016, Law No. 6754, Art. 22 Experts shall be selected from the lists prepared by the regional boards of expertise, and the Law on Expertise and the relevant provisions of the Code of Civil Procedure No. 6100 dated 12/1/2011 shall apply to experts.

2. Without prejudice to the cases in which reference is made to the Code of Civil Procedure under this Law and the paragraph above, the relevant provisions of the Tax Procedure Law shall apply in the resolution of tax disputes.

Chapter Two

Jurisdiction and Connexity in Administrative Actions and

Procedures to Be Followed in Cases of Lack of Subject-Matter Jurisdiction and Lack of Territorial Jurisdiction

General territorial jurisdiction in administrative actions:

1. Without prejudice to the provisions on subject-matter jurisdiction, where the competent administrative court is not specified in this Law or in special laws, the competent administrative court shall be the administrative court of the place where the administrative authority that performed the administrative act or concluded the administrative contract forming the subject of the action is located.

2. In the application of this Law, territorial jurisdiction is a matter of public order. Repealed second sentence: 10/6/1994, Law No. 4001, Art. 15 (…)

Territorial jurisdiction in actions concerning public officials:

1. Amended: 5/4/1990, Law No. 3622, Art. 12 In actions concerning the appointment and transfer of public officials, the competent court shall be the administrative court of the new or former place of duty of the public officials.

2. In actions concerning the termination of the duties of public officials, their retirement or their removal from office, the competent court shall be the administrative court of the place where the public official last served.

3. Amended: 5/4/1990, Law No. 3622, Art. 12 In actions concerning disciplinary penalties of public officials that do not result in the severance of their relationship with their duties, as well as advancement, promotion, personnel records, grade adjustment and other personal and financial rights, and the removal from office, as a provisional measure, of the organs of local administrations and of the members of such organs, the competent court shall be the administrative court of the place where the person concerned serves.

4. Added: 2/7/2012, Law No. 6352, Art. 60 Without prejudice to the provisions of special laws, in actions brought by judges and prosecutors concerning matters relating to their financial and social rights and their personnel records, and against inspectors' conduct reports, which fall within the jurisdiction of administrative courts, the competent court shall be the administrative court of the place where the regional administrative court nearest to the regional administrative court to which the place where the judge or prosecutor serves is attached in terms of administrative jurisdiction is located.

Territorial jurisdiction in actions concerning immovable property:

Amended: 10/6/1994, Law No. 4001, Art. 16

1. In administrative actions concerning the application of legislation relating to immovable property, such as zoning, expropriation, demolition, occupation, allocation, permits and occupancy, or concerning any rights attached thereto or public property, the competent court shall be the administrative court of the place where the immovable property is located.

2. In actions concerning the application of legislation relating to villages, municipalities and special provincial administrations, and in boundary disputes, the competent court shall be the administrative court of the place where the territorial administrative unit, village, municipality or neighbourhood is located or to which it has newly been attached.

Territorial jurisdiction in actions concerning movable property:

Amended: 5/4/1990, Law No. 3622, Art. 13

In actions concerning movable property, the competent court shall be the administrative court of the place where the movable property is located.

Territorial jurisdiction in full remedy actions:

In full remedy actions other than those arising from administrative contracts, the competent court shall be, respectively, the court:

a) Competent to resolve the administrative dispute that gave rise to the damage,

b) Where the damage arose from a service such as public works and transportation or from any act of the administration, of the place where the service was performed or the act was carried out,

c) In other cases, of the place where the claimant's residence is located;

being the administrative court.

Territorial jurisdiction in tax disputes:

In tax disputes under this Law, the competent court shall be, for the office that:

a) Assessed and accrued the taxes, duties, fees and similar financial obligations forming the subject of the dispute, or imposed the surcharges and penalties,

b) Added: 10/6/1994, Law No. 4001, Art. 17 In acts concerning taxes to be collected under the Customs Law and the rejection of requests for tax correction by way of complaint under the Tax Procedure Law, assessed and accrued the taxes, duties, fees and similar financial obligations,

c) In the application of the Law on the Procedure for the Collection of Public Receivables, issued the payment order,

d) In other disputes, performed the act forming the subject of the action,

the tax court of the place where that office is located.

Connected actions:

1. Added: 10/6/1994, Law No. 4001, Art. 18 Actions arising from the same factual or legal cause, or of such a nature that the judgment to be rendered in one will affect the other, are connected actions.

2. In actions brought before an administrative court, a tax court or the Council of State, or before more than one administrative or tax court, the existence of connexity shall be decided upon the request of one of the parties or directly by the court.

3. Where one of the connected actions is before the Council of State, the case file shall be sent to the Council of State.

4. Where the connected actions are before courts within the jurisdictional areas of different regional administrative courts, the files shall be sent to the Council of State.

5. Where the connected actions are before courts within the jurisdictional area of the same regional administrative court, the files shall be sent to the regional administrative court of that place.

Examination of connexity by the Council of State:

1. The chamber of the Council of State competent to examine the dispute forming the subject of the action shall examine the connected case files with priority and urgency and render a decision.

2. Where the Council of State decides that connexity exists:

a) Amended: 5/4/1990, Law No. 3622, Art. 14 If one of the actions was brought before the Council of State and concerns a dispute whose resolution falls within the jurisdiction of the Council of State, all of the actions shall be heard by the Council of State, and the situation shall be notified to the relevant courts and to the parties.

b) If the resolution of the actions concerns disputes falling within the jurisdiction of administrative or tax courts within the jurisdictional areas of different regional administrative courts, the relevant chamber of the Council of State shall specify the competent court in its decision, send the files to that court and notify the situation to the other court or courts. The competent court shall in turn notify the situation to the persons concerned.

c) Amended: 10/6/1994, Law No. 4001, Art. 19 If the decision rendered by the Council of State is that there is no connexity, the files shall be sent back to the relevant courts.

Examination of connexity by the regional administrative court:

1. The regional administrative court shall examine the connected case files with priority and urgency and render its decision. If the decision rendered by the regional administrative court is that connexity exists, the competent court shall be specified in the decision and the files shall be sent to the competent court. The situation shall also be notified to the other court. The court thus designated as competent shall notify the situation to the persons concerned.

2. If the decision rendered by the regional administrative court is that there is no connexity, the files shall be sent back to the relevant courts.

Non-acceptance of connexity by the courts:

Where claims of connexity are not accepted by the courts, the interim decision rendered on this matter shall be served on the parties. The parties may, within fifteen days following the date of service, apply to the regional administrative court of that place in respect of courts within the same jurisdictional area, and to the Council of State in respect of actions relating to the situations in paragraphs 2 and 3 of Article 38. Upon the application, the regional administrative court or the competent chamber of the Council of State shall examine the situation in accordance with the procedures set out in the articles above and decide thereon.

Other principles relating to connected actions:

1. Procedural steps shall be stayed until a decision on connexity is rendered by the administrative and tax courts as to the existence of connexity, or by the regional administrative court or the Council of State upon an objection made in this respect.

2. After the procedures relating to connexity have been concluded, the court or the Council of State designated as competent to hear these actions shall continue the actions from where they were left.

3. Decisions of the regional administrative court and the Council of State as to whether or not connexity exists are final.

Procedure to be followed in cases of lack of subject-matter jurisdiction and lack of territorial jurisdiction:

1. Where administrative and tax courts decide to dismiss an action falling within the jurisdiction of the administrative judiciary on grounds of lack of subject-matter jurisdiction or lack of territorial jurisdiction, they shall send the file to the Council of State or to the administrative or tax court having subject-matter and territorial jurisdiction.

a) In files sent on grounds of lack of subject-matter jurisdiction, if the Council of State does not consider the action to fall within its jurisdiction, it shall decide that the file be sent to the court having territorial and subject-matter jurisdiction.

b) Where the court to which the file was sent on grounds of lack of subject-matter or territorial jurisdiction considers itself to lack subject-matter or territorial jurisdiction, the dispute shall be resolved by the regional administrative court if that court and the court that rendered the first decision of lack of subject-matter or territorial jurisdiction are within the jurisdictional area of the same regional administrative court, and otherwise by the Council of State.

2. Decisions rendered by the Council of State and the regional administrative court in disputes on subject-matter and territorial jurisdiction shall be notified to the relevant courts, and this matter shall be served on the parties.

3. Decisions rendered by the Council of State and the regional administrative court in relation to disputes on subject-matter and territorial jurisdiction are final.

4. No fee shall be charged where an action is brought anew before the court designated as having subject-matter and territorial jurisdiction by decisions rendered under the provisions of this Article.

5. Repealed: 5/4/1990, Law No. 3622, Art. 27

Designation of the competent court:

1. In cases where a factual or legal impediment arises preventing the competent court from hearing an action, or where there is doubt as to the boundaries of the jurisdictional areas of two courts, or where two courts have both decided that they are competent to hear the same action, the case files shall, upon the request of the parties or the courts, for the designation of the competent court:

a) Where the dispute arises between a court or courts within the same jurisdictional area, to the regional administrative court of that jurisdictional area,

b) In other cases, to the Council of State.

be sent.

2. The Council of State and the regional administrative court shall determine the court having subject-matter and territorial jurisdiction.

3. Decisions to be rendered by the Council of State and the regional administrative court on this matter are final.

Chapter Three

Remedies Against Decisions

Appeal (istinaf):

Amended: 18/6/2014, Law No. 6545, Art. 19

1. An appeal (istinaf) may be lodged against decisions of administrative and tax courts with the regional administrative court of the jurisdictional area in which the court is located, within thirty days of service of the decision, even if a different legal remedy is provided for in other laws. Amended sentence: 28/7/2024, Law No. 7524, Art. 52 However, decisions rendered by administrative and tax courts in tax actions, full remedy actions and actions for annulment brought against administrative acts, the subject matter of which does not exceed thirty-one thousand Turkish liras, are final, and no appeal (istinaf) may be lodged against them.

2. The appeal (istinaf) is subject to the form and procedures of appeal on points of law (temyiz). In applications for legal remedies made against decisions that are subject to appeal (istinaf), the files shall be sent to the regional administrative court without being bound by the addressee and the request stated in the petitions. Added sentence: 28/7/2024, Law No. 7524, Art. 52 An appeal on points of law may be lodged against decisions rendered by the regional administrative court under paragraph 7 of Article 48 within seven days from the day following the date of service.

3. Amended: 16/7/2026, Law No. 7589, Art. 5 At the end of its examination of the decision of the court of first instance, the regional administrative court shall,

a) If it finds the decision to be in conformity with the law,

b) If, although the outcome of the decision is in conformity with the law, it does not find the reasoning given to be correct or finds it incomplete, by amending the reasoning of the decision,

c) If it is possible to correct material errors in the decision, by making the necessary correction,

decide to dismiss the appeal (istinaf) application.

4. Where the regional administrative court does not find the decision of the court of first instance to be in conformity with the law, it shall decide to accept the appeal (istinaf) application and to set aside the decision of the court of first instance. In this case, the regional administrative court shall render a new decision on the merits of the case. Where needed during the examination, the court that rendered the decision or another administrative or tax court may be requested to act by letters rogatory. The court so requested shall carry out the necessary procedures with priority and urgency.

5. Amended: 16/7/2026, Law No. 7589, Art. 5 The regional administrative court shall, in cases where:

a) It finds justified the appeal (istinaf) application made against decisions rendered upon preliminary examination and other final decisions rendered on procedure,

b) The action has been heard by a court lacking subject-matter or territorial jurisdiction, or by a judge who has been recused or is disqualified,

c) A decision has been rendered on the action without a decision to reject the petition having been rendered although such a decision should have been rendered,

d) A decision has been rendered after the file has been completed with an incomplete or wrong opposing party,

e) No decision has been rendered on a request, or a decision has been rendered with an incomplete judgment,

f) A decision has been rendered without an on-site inspection or expert examination having been conducted although one should have been conducted,

g) A decision has been rendered without a hearing having been held although a hearing should have been held,

decide, with finality, to accept the appeal (istinaf) application, to set aside the decision of the court of first instance and to send the file to the court that rendered the decision. However, the regional administrative court may itself remedy the deficiency in subparagraphs (f) and (g) and render a decision. Outside the cases listed in this paragraph, it may not be decided to set aside the decision and send the file to the court that rendered the decision.

6. Decisions of regional administrative courts that are not open to appeal on points of law under Article 46 are final. Added sentence: 20/7/2017, Law No. 7035, Art. 6 These decisions shall be sent, together with the file, to the court of first instance that rendered the decision, and shall be dispatched for service by these courts within seven days.

7. A judge who rendered or participated in the decision forming the subject of the appeal (istinaf) application may not take part in the examination of the same action by the regional administrative court by way of appeal (istinaf).

8. No appeal (istinaf) may be lodged in actions subject to the expedited trial procedure.

Appeal on points of law (temyiz):

Amended: 18/6/2014, Law No. 6545, Art. 20

1. Final decisions of the litigation chambers of the Council of State and decisions rendered by regional administrative courts on the actions listed below may be appealed on points of law before the Council of State within thirty days of service of the decision, even if there are provisions to the contrary in other laws:

a) Actions for annulment brought against regulatory acts.

b) Subparagraph annulled by Constitutional Court decision of 26/7/2023, E. 2023/36, K. 2023/142 Reenacted: 28/7/2024, Law No. 7524, Art. 53 Tax actions, full remedy actions and actions brought concerning administrative acts, the subject matter of which exceeds nine hundred and twenty thousand Turkish liras.

c) Added: 28/7/2024, Law No. 7524, Art. 53 Repealed: 16/7/2026, Law No. 7589, Art. 6

d) Actions for annulment brought against acts resulting in expulsion from a particular profession, public office or student status.

e) Actions for annulment brought against acts that prevent the conduct of a particular commercial activity indefinitely or for a period of thirty days or longer.

f) Actions for annulment brought against acts of appointment, appointment by transfer and removal from office made by joint decree, and against acts of appointment, appointment by transfer and removal from office of public officials at the level of head of department and above.

g) Actions arising from zoning plans and parcelling procedures.

h) Actions arising from decisions rendered upon objection by the Central Commission for the Protection of Natural Assets and the High Council for the Protection of Cultural Assets, and from the application of the Bosphorus Law No. 2960 dated 18/11/1983.

ı) Actions brought against acts relating to the application of legislation on mines, quarries, forests, geothermal resources and natural mineral waters.

i) Actions brought concerning examinations held nationwide for the purpose of education, the practice of a profession or art, or entry into public service.

j) Actions arising from the application of legislation relating to the granting of operating permits to coastal facilities such as ports, cruise ports, yacht harbours, marinas, piers, quays, and fuel and liquefied petroleum gas pipelines.

k) Actions arising from the application of the Law No. 3996 dated 8/6/1994 on the Realisation of Certain Investments and Services under the Build-Operate-Transfer Model and from the application of the Law No. 4283 dated 16/7/1997 on the Establishment and Operation of Electricity Generation Facilities and the Regulation of Energy Sales under the Build-Operate Model.

l) Actions arising from the application of the Free Zones Law No. 3218 dated 6/6/1985.

m) Actions arising from the application of the Soil Conservation and Land Use Law No. 5403 dated 3/7/2005.

n) Actions brought against decisions taken by regulatory and supervisory boards in relation to the market or sector for which they are responsible.

2. Added: 16/7/2026, Law No. 7589, Art. 6 In actions not falling within the scope of paragraph 1, decisions rendered anew by the regional administrative court upon setting aside the decision of the court of first instance in its appellate (istinaf) review may be appealed on points of law before the Council of State within thirty days of their service. However, with respect to the actions and matters listed below, no appeal on points of law may be lodged even if a new decision has been rendered following a decision to set aside:

a) Actions heard by a single judge in administrative and tax courts.

b) Actions arising from the application of the Law No. 4081 dated 2/7/1941 on the Protection of Farmers' Property.

c) Actions arising from the application of the Law No. 3091 dated 4/12/1984 on the Prevention of Trespass upon the Possession of Immovable Property.

d) Actions arising from the application of the Law on Foreigners and International Protection No. 6458 dated 4/4/2013.

e) Decisions which, by amount or value, fall below the appeal threshold specified in subparagraph (b) of paragraph 1, where the difference between the decision rendered anew by the regional administrative court and the decision of the court of first instance does not, in amount, exceed the monetary limit specified in the second sentence of paragraph 1 of Article 45.

f) Decisions rendered solely in respect of attorney's fees and costs of proceedings.

Decisions not subject to appeal on points of law:

Repealed: 18/6/2014, Law No. 6545, Art. 103

Petition for appeal on points of law:

Amended: 5/4/1990, Law No. 3622, Art. 17

1. Requests for appeal on points of law shall be made by petitions addressed to the Presidency of the Council of State.

2. Petitions for appeal on points of law must be drawn up in accordance with the principles of Article 3; if they have not been so drawn up, the Council of State or the regional administrative court that rendered the decision shall serve notice on the person concerned that the deficiencies are to be remedied within fifteen days. If the deficiencies are not remedied within this period, the Council of State or the regional administrative court shall decide that the request for appeal on points of law is deemed not to have been made.

3. Petitions for appeal on points of law shall be submitted, as the case may be, to the regional administrative court that rendered the decision, to the Council of State or to the authorities specified in Article 4, and shall be served on the opposing party by the regional administrative court or the Council of State that rendered the decision. The opposing party may reply within thirty days following the date of service. The replying party may, even if it has not appealed against the decision within the time limit, request an appeal on points of law in the petition it draws up. In that case, such petitions shall take the place of a petition for appeal on points of law.

4. Amended: 10/6/1994, Law No. 4001, Art. 21 The Council of State or the regional administrative court that rendered the decision shall, after the reply petition has been submitted or the time limit for reply has expired, send the file, together with an index list, to the Council of State or to the Board.

5. Petitions for appeal on points of law containing a request for a stay of execution shall, without being served on the opposing party, be sent together with the file, for a decision to be rendered on the request for a stay of execution, by the regional administrative court that rendered the decision to the Presidency of the Council of State, and, in actions heard by the Council of State as a court of first instance, by the competent chamber to the Board of Administrative Law Chambers or the Board of Tax Law Chambers according to the subject matter. After the competent chamber or board at the Council of State has rendered a decision on the request for a stay of execution, service shall be effected by that chamber or board and the file shall be completed.

6. Where the required fees and expenses have not been paid in full when the petition for appeal on points of law is submitted, the appellant shall be notified in writing by the authority that rendered the decision that they are to be completed within a period of seven days to be granted by that authority, failing which the appeal shall be deemed to have been waived. If the fees and expenses are not completed within the period granted, the relevant authority shall decide that the decision is deemed not to have been appealed. Where the appeal on points of law is lodged after the statutory time limit has expired or concerns a final decision, the authority that rendered the decision shall likewise decide to dismiss the request for appeal on points of law. An appeal on points of law may be lodged, within seven days from the day following the date of service, against these decisions of the relevant authority and against its decisions, specified in paragraph 2 of this Article, that the request for appeal on points of law is deemed not to have been made.

7. Added: 10/6/1994, Law No. 4001, Art. 21; Amended: 18/6/2014, Law No. 6545, Art. 21 In cases where it is established that the required fees and expenses were not paid when the petition for appeal on points of law was submitted, that the petition was not drawn up in accordance with the principles of Article 3, that the appeal on points of law was not lodged within the statutory time limit or that it concerns a final decision, the decisions referred to in paragraphs 2 and 6 shall be rendered with final effect by the relevant chamber and board of the Council of State to which the file has been sent.

Decisions to be rendered upon examination on appeal on points of law:

Amended: 18/6/2014, Law No. 6545, Art. 22

1. At the end of the examination on appeal on points of law, the Council of State shall:

a) Uphold the decision if it finds it to be in conformity with the law. Where the outcome of the decision is in conformity with the law but it does not find the reasoning given to be correct or finds it insufficient, it shall uphold the decision by amending its reasoning.

b) Where the decision contains clerical errors not requiring a retrial, or deficiencies or mistakes capable of correction, uphold the decision by correcting it.

2. At the end of the examination on appeal on points of law, the Council of State shall, on the grounds:

a) That a matter outside the jurisdiction or competence has been heard,

b) That a decision contrary to the law has been rendered,

c) That there are errors or deficiencies in the application of procedural provisions of a nature capable of affecting the decision,

quash the decision examined.

3. Where decisions are partly upheld and partly quashed, the part that has become final shall be specified in the decision of the Council of State.

4. In the examination on appeal on points of law of actions heard by the Council of State as a court of first instance, this Article and the provisions of Article 50, except for insistence, shall apply by analogy.

5. A judge who rendered or participated in the decision that is the subject of the appeal on points of law may not take part in the examination on appeal on points of law of the same action.

Action to be taken upon the decision rendered on appeal on points of law:

Amended: 18/6/2014, Law No. 6545, Art. 23

1. The decision rendered as a result of the examination on appeal on points of law shall be sent, together with the file, to the authority that rendered the decision. Added sentence: 20/7/2017, Law No. 7035, Art. 7 However, decisions of the relevant chamber of the Council of State upholding a decision shall be sent, together with the file, to the court of first instance that rendered the decision, and a copy of the decision shall also be sent to the regional administrative court. These decisions shall be dispatched for service on the parties within seven days from the date on which the file is received.

2. Upon a decision to quash rendered as a result of the examination on appeal on points of law, the relevant authority shall examine the file with priority and, after completing any necessary investigative measures, shall render a new decision.

3. The regional administrative court may either comply with the decision to quash rendered by the Council of State or insist on its own decision.

4. Where the decision to quash of the Council of State is complied with, the examination on appeal on points of law of that decision shall be limited to its conformity with the decision to quash.

5. If the regional administrative court does not comply with the decision to quash and insists on its decision, in the event of an appeal on points of law against the decision of insistence, the request shall be examined and decided by the Board of Administrative Law Chambers or the Board of Tax Law Chambers of the Council of State according to its subject matter. Compliance with the decisions of the Boards of Administrative and Tax Law Chambers of the Council of State is mandatory.

Appeal on points of law in the interest of the law:

1. Amended: 5/4/1990, Law No. 3622, Art. 20 Decisions rendered with final effect by administrative and tax courts and by regional administrative courts, and decisions that have become final without passing through examination on appeal or on appeal on points of law, which by their nature express an outcome contrary to the law in force, may be appealed on points of law in the interest of the law by the Chief Public Prosecutor, upon the necessity indicated by the relevant ministries or of his own motion.

2. Amended: 5/4/1990, Law No. 3622, Art. 20 If the request for appeal is found to be justified, the decision shall be quashed in the interest of the law. This decision to quash shall not remove the legal consequences of the decision of the authority that has previously become final.

3. A copy of the decision to quash shall be sent to the relevant ministry and published in the Official Gazette.

Stay of execution in requests for appeal on points of law or appeal:

1. Amended: 5/4/1990, Law No. 3622, Art. 21 The lodging of an appeal on points of law or an appeal shall not stay the execution of decisions of a judge, a court or the Council of State. However, the stay of execution of such decisions against security may be decided by the chamber or board of the Council of State competent to examine the request for appeal on points of law, or by the regional administrative court competent to examine the appeal application. Added sentence: 10/6/1994, Law No. 4001, Art. 22 Where an appeal on points of law or an appeal is lodged against decisions dismissing the action, the rendering of a decision to stay the execution of the act that is the subject of the action shall depend on the existence of the condition provided for in Article 27.

2. Security may not be required in actions for annulment.

3. No security shall be taken from the administration or from persons benefiting from legal aid.

4. Added: 20/7/2017, Law No. 7035, Art. 8 Decisions rendered on requests for a stay of execution during the examination on appeal on points of law and on appeal shall be final.

5. The quashing of a decision shall automatically stay the execution of the decision.

Retrial:

1. Amended first sentence: 5/4/1990, Law No. 3622, Art. 22 A retrial may be requested in respect of decisions rendered by the Council of State and by regional administrative, administrative and tax courts on the grounds set out below.

a) That a document which could not be obtained owing to force majeure or for a reason arising from the act of the party in whose favour the decision was rendered has been obtained after the decision was rendered,

b) That the document on which the decision was based has been held to be forged, or has been admitted to be forged before a court or an official authority, or that the judgment on the forgery was rendered before the decision but the person requesting the retrial was not aware of it at the time of the decision,

c) That the judgment of a court ruling on which the decision was based has been reversed and set aside by a court decision that has become final,

d) That it has been established by a court decision that an expert has intentionally made a statement contrary to the truth,

e) That the party in whose favour the decision was rendered has used fraud affecting the decision,

f) That the action has been heard and decided with persons who are not attorneys or statutory representatives,

g) That the decision has been rendered with the participation of a presiding judge, member or judge who was obliged to withdraw,

h) Amended: 10/6/1994, Law No. 4001, Art. 23 That, in the absence of a legal basis that could give rise to the rendering of a new decision contrary to a decision rendered in an action between the same parties, on the same subject matter and on the same grounds, a decision contrary to the judgment in the earlier ruling has been rendered by the same court or by another court.

ı) Added: 15/7/2003, Law No. 4928, Art. 6 That it has been established by a final judgment of the European Court of Human Rights that the judgment was rendered in violation of the Convention for the Protection of Human Rights and Fundamental Freedoms or its additional protocols, Added phrase: 25/7/2018, Law No. 7145, Art. 4 or that a decision to strike out has been rendered, as a result of a friendly settlement or a unilateral declaration, in respect of an application lodged with the European Court of Human Rights against the judgment.

2. Requests for retrial shall be decided by the court that rendered the original decision.

3. Amended first sentence: 15/7/2003, Law No. 4928, Art. 6 The time limit for retrial shall be ten years for the ground set out in subparagraph (h) of paragraph (1), one year from the date on which the judgment of the European Court of Human Rights became final for the ground set out in subparagraph (ı) of paragraph (1), and sixty days for the other grounds. These time limits shall be calculated starting from the day following the date on which the ground relied upon materialised in respect of the person making the request.

Rectification of decision:

Repealed: 18/6/2014, Law No. 6545, Art. 103

Procedure for retrial:

1. If the matter to which the request relates has come within the jurisdiction of another chamber or court, the decision shall be rendered by that chamber or court.

2. Requests shall be examined after the defence of the opposing party has been obtained, and, if the grounds set out in the law exist, the action shall be heard anew and a decision rendered.

3. Amended: 10/6/1994, Law No. 4001, Art. 25 If requests for retrial (…) are not based on the grounds set out in the law, a decision dismissing the request shall be rendered.

4. The holding of a hearing on requests for retrial (…) shall be subject to the decision of the competent chamber or court.

5. Without prejudice to the provisions of this Article and of Article 53, the other provisions of this Law shall apply in retrial (…).

CHAPTER FOUR

Miscellaneous Provisions

Withdrawal and challenge at the Council of State:

1. In the event of the withdrawal or challenge of the presiding judge and members of the chamber hearing the action, the panel of that chamber shall be completed excluding them, and this matter shall be examined; if the request for withdrawal or challenge is found to be justified, a decision on the merits of the matter shall also be rendered by this panel.

2. If those withdrawing or challenged number more than two, the request in this respect shall be examined by the Board of Administrative Law Chambers for the presiding judges and members of administrative law chambers, and by the Board of Tax Law Chambers for the presiding judges and members of tax law chambers. The presiding judges and members withdrawing or challenged may not participate in these boards. The shortfall of members shall be made up from the other chambers. Where the request for withdrawal or challenge is accepted by these boards, a decision on the merits of the action shall also be rendered by these boards.

3. In the event of the withdrawal or challenge of some of the presiding judges and members of the Board of Administrative Law Chambers and the Board of Tax Law Chambers from hearing the action, the vacant memberships shall be made up from the other chambers.

4. Requests for challenge may not be made, and withdrawal may not take place, in such numbers as would prevent the Boards of Administrative and Tax Law Chambers from convening.

5. Rapporteur judges and prosecutors of the Council of State may withdraw by stating their reasons, and may also be challenged by the parties. Requests for withdrawal or challenge concerning them shall be examined and decided by the chamber competent to hear the action.

Withdrawal and challenge in courts:

1. In actions heard by a single judge, a request for the challenge of the judge shall be examined by the administrative or tax court without the participation of the challenged judge.

2. A request for the challenge of the presiding judge and members of a regional administrative court hearing the action upon objection or directly, or of an administrative or tax court, shall be examined by the regional administrative, administrative or tax court without the participation of the challenged presiding judge and member.

3. If more than one presiding judge and member is challenged in administrative and tax courts, the request shall be examined by the regional administrative court. If more than one presiding judge or member is challenged in regional administrative courts, the request shall be examined by the Council of State.

4. If the Council of State or these courts find the requests for challenge justified, a decision on the merits of the matter shall also be rendered.

5. In the event of withdrawal from hearing the action, the above provisions shall apply to the assignment of another judge and the completion of the missing member of the court or the determination of the competent court.

Preservation of evidence in administrative actions:

1. After filing an administrative action, the parties may request the preservation of evidence relating to such actions only from the Council of State, administrative or tax court hearing the action.

2. The Council of State, administrative or tax court hearing the action may, if it considers the request appropriate, assign one of its members to this task, or may decide that the preservation be carried out by the local administrative or judicial authorities.

3. A request for the preservation of evidence shall be decided urgently.

Travel expenses, allowances and per diems:

1. Members of the profession of the Council of State, and administrative judges and prosecutors serving at the Council of State, who are assigned for an on-site inspection, an expert examination or the preservation of evidence shall be paid their actual travel expenses and, for the days spent on duty, a per diem at the rate of one thirtieth of their net monthly salary. If these per diems do not cover the necessary expenses, the difference shall be paid additionally, provided that it is supported by documents. However, payments made in this manner may not exceed fifty per cent of the per diems.

2. Amended: 10/6/1994, Law No. 4001, Art. 26 The provisions of Law No. 3717 on the Payment of Travel Expenses and Allowances to Judicial Personnel and to Those Conducting State Litigation and on the Repeal of an Article of the Fees Law No. 492 shall apply to the travel expenses and allowances of judges and other personnel of regional administrative, administrative and tax courts.

Service matters and charges:

Amended: 5/4/1990, Law No. 3622, Art. 24

All service of documents pertaining to the Council of State and to regional administrative, administrative and tax courts shall be effected in accordance with the provisions of the Law on Service of Documents (Tebligat Kanunu). The charges for service effected in this manner shall be paid in advance by the persons concerned.

Judicial recess:

1. Amended: 5/4/1990, Law No. 3622, Art. 25 Amended first sentence: 8/8/2011, Decree-Law No. 650, Art. 11; Sentence annulled by Constitutional Court decision of 18/7/2012, E. 2011/113, K. 2012/108; First sentence re-enacted: 27/6/2013, Law No. 6494, Art. 18 Regional administrative, administrative and tax courts shall go into recess each year from the twentieth of July until the thirty-first of August, resuming on the first of September. However, administrative judicial authorities in places outside the provincial centre where the regional administrative court within whose jurisdictional area they fall is located, and where there is only one administrative or one tax court, may not benefit from the judicial recess. These courts shall continue their duties without being subject to the limitation in Article 62.

2. Amended: 1/7/2016, Law No. 6723, Art. 14 During the judicial recess, in places with more than one administrative judicial authority, a duty court shall be established by the Council of Judges and Prosecutors, upon the proposal of the president of the regional administrative court, with the participation of a sufficient number of judges to be assigned from among the presiding judges and members of the administrative or tax courts. For regional administrative courts, a sufficient number of duty chambers shall be established by the Council of Judges and Prosecutors, upon the proposal of the president of the regional administrative court, to be assigned from among all presiding judges of chambers and members.

3. Amended: 10/6/1994, Law No. 4001, Art. 27 The annual leave entitlements of those who cannot benefit from the judicial recess and of those remaining on duty are reserved.

Duties of the duty court:

The duty court shall carry out the following matters during the judicial recess:

a) Matters relating to the stay of execution and to the preservation of evidence,

b) Matters which must by law be decided within a specific time limit.

Repealed provisions:

The provisions of Articles 379 to 412 of the Tax Procedure Law relating to tax disputes shall cease to be in force on the date on which the tax courts established by this Law commence their duties.

Increase of monetary thresholds:

Added: 5/4/1990, Law No. 3622, Art. 26; Amended: 8/6/2000, Law No. 4577, Art. 9 Amended: 28/7/2024, Law No. 7524, Art. 54

1. The monetary thresholds provided for in this Law shall be applied each year, with effect from the beginning of the calendar year, by being increased by the revaluation rate determined and announced for the preceding year pursuant to the provisions of repeated Article 298 of the Tax Procedure Law No. 213 of 4/1/1961. Portions of the thresholds so determined not exceeding one thousand Turkish liras shall be disregarded.

2. Amended: 4/6/2025, Law No. 7550, Art. 7 In determining the actions in which a hearing is mandatory under Article 17, and the decisions against which an appeal or an appeal on points of law may be lodged under Articles 45 and 46, the monetary threshold in force on the date on which the action was filed shall be taken as the basis.

Added: 5/4/1990, Law No. 3622, Art. 26

Files sent to the Council of State by the competent authorities concerning the loss of the status of organ by the elected organs of municipalities and special provincial administrations shall be deemed complete after the defence has been obtained within fifteen days, from the mayors where the request concerns the removal of mayors, or from the deputy chairperson of the council where the request concerns the dissolution of municipal councils or provincial general councils, or, if no defence is submitted within this period, on the date on which the period expires; and the time limits for decision specified in the laws shall begin to run from that date. The decision shall be rendered on the basis of the file.

An objection may be lodged against these decisions with the Board of Administrative Law Chambers within fifteen days from the day following their service. The objection shall be concluded within one month. The decision rendered upon objection shall be final.

Added: 5/4/1990, Law No. 3622, Art. 26; Annulled by Constitutional Court decision of 1/10/1991, E. 1990/40, K. 1991/33

In the application of this Law, the provisions of the Law on the Constitutional Order No. 2324 of 27/10/1980 are reserved.

Until the new Constitution enters into force and a statutory regulation concerning the Court of Accounts is made, actions brought against the judicial decisions of the Court of Accounts shall be outside the review of the administrative judicial authorities.

Added: 23/7/1995, Law No. 4124, Art. 1; Repealed: 14/7/2004, Law No. 5219, Art. 11

Added: 8/6/2000, Law No. 4577, Art. 11

Among the final decisions rendered in respect of the disputes set out in the amended paragraph (1) of Article 45 of this Law, decisions rendered before the date on which the amendment entered into force, and decisions rendered by a court whose decision was quashed upon a decision to quash of the Council of State, may be appealed on points of law before the Council of State.

Added: 15/7/2003, Law No. 4928, Art. 7

First sentence annulled by Constitutional Court decision of 20/5/2010, E. 2009/34, K. 2010/72 Requests for retrial relating to judgments of the European Court of Human Rights that had become final on the date on which this Law entered into force shall be made within one year from the date on which this Law entered into force.

Added: 2/7/2012, Law No. 6352, Art. 62

1. Until registry offices are established in regional administrative, administrative and tax courts, petitions shall continue to be assigned by the president of the court or the judge.

2. Among the final decisions rendered by courts of first instance in respect of the disputes set out in paragraph (1) of Article 45 of this Law, decisions rendered before the date of publication of the Law introducing this Article, and decisions rendered by a court whose decision was quashed upon a decision to quash of the Council of State, may be appealed on points of law before the Council of State.

Added: 11/4/2013, Law No. 6459, Art. 5

1. The provision added to the fourth paragraph of Article 16 of this Law by the Law introducing this Article shall also apply to actions pending on the date of its entry into force, including those at the stage of legal remedies.

Added: 18/6/2014, Law No. 6545, Art. 27

1. With the exception of the expedited adjudication procedure, the provisions introduced by this Law concerning legal remedies in administrative jurisdiction shall apply to decisions rendered after the date on which the regional administrative courts established under Article 3 of Law No. 2576, as amended by this Law, commence their duties throughout the country. In respect of decisions rendered before that date, the provisions on legal remedies in force on the date the decision was rendered shall apply.

2. Until the date on which the regional administrative courts become operational, in objections lodged against decisions rendered by administrative and tax courts, the fees prescribed for the appeal (istinaf) remedy regulated by this Law shall be collected.

3. Added: 27/3/2015, Law No. 6637, Art. 19 In relation to the expedited adjudication procedure, an appeal on points of law (temyiz) may be lodged anew against decisions in which the request for appeal on points of law was rejected because the appeal on points of law was not lodged within fifteen days after the entry into force of Law No. 6545 of 18/6/2014, within fifteen days from the date of publication of the Law introducing this paragraph; and against decisions in which the request for appeal on points of law was rejected on the same grounds before the date of publication of the Law introducing this paragraph but which were served after the date of publication of the Law introducing this paragraph, within fifteen days from the date of service of those decisions.

Added: 21/3/2018, Law No. 7103, Art. 23

As of the date on which this Article enters into force, persons whose applications lodged with the European Court of Human Rights on the allegation that the abolished Supreme Military Administrative Court was not impartial and independent are pending may request the reopening of proceedings from the Ankara administrative courts within three months from that date. Persons who do not make a request within this time limit may also make a request within three months from the service upon them of the inadmissibility decision rendered by the European Court of Human Rights solely on the ground that domestic remedies have not been exhausted. Where the request is made within the time limit, the proceedings shall be conducted anew and a decision shall be rendered.

Added: 8/7/2021, Law No. 7331, Art. 5

1. In respect of applications made to the administration under Articles 10, 11 and 13 before the date on which this Article enters into force, the time limits applicable before the amendments made by this Law to the said Articles shall apply.

Added: 7/11/2023, Law No. 7471, Art. 2

1. In places accepted as disaster areas affecting general life due to the earthquakes that occurred on 6/2/2023, in actions for annulment brought against administrative acts established on the basis of damage assessment reports, excluding acts relating to entitlement, provided that they are connected with the damage caused by the effect of these earthquakes and the earthquakes that occurred subsequently, the following provisions shall apply:

a) The preliminary examination shall be carried out within ten days and the petition of action and its annexes shall be sent for service.

b) The time limit for submitting the defence shall be fifteen days from the service of the petition of action, and this time limit may be extended once only by a maximum of ten days. Upon the submission of the defence or the expiry of the time limit for submitting the defence, the file shall be deemed complete. The building posting code shall be included in the defence petition.

c) No objection may be made against decisions rendered concerning the request for a stay of execution.

ç) In cases where an on-site inspection and expert examination are required, the on-site inspection shall be carried out within fifteen days from the completion of the file. In cases where it is necessary for the protection of the rights and interests of the parties, the on-site inspection and expert examination may also be carried out following the preliminary examination. Expert reports shall be submitted to the court within fifteen days. Objections to experts and expert reports may be made within seven days from the service of the report.

d) The holding of a hearing shall depend on the request of the parties and the decision of the court. Summonses to the hearing shall be sent to the parties at least fifteen days before the hearing date.

e) These actions shall be decided at the latest within fifteen days from the completion of the file or, in cases where an interim decision, on-site inspection, expert examination or hearing is required, from the completion thereof.

f) For parties who do not have an electronic service address, the date of the on-site inspection and hearing shall be notified primarily in accordance with Article 7 of the Law on Service (Tebligat Kanunu) No. 7201 of 11/2/1959.

g) An appeal (istinaf) may be lodged against final decisions rendered within fifteen days from the date of service.

h) Appeal petitions shall be examined and sent for service within ten days.

ı) The time limit for responding to appeal petitions shall be fifteen days.

i) The appeal request shall be decided at the latest within two months. At the stage of appellate review, the court to which a letter rogatory is addressed shall carry out the necessary procedures within fifteen days.

j) Full remedy actions and actions for annulment falling within the scope of this Article may not be heard together. Actions for annulment and full remedy actions brought jointly before the date on which this Article enters into force shall be separated, and these actions shall continue to be heard from the stage at which they are.

k) In cases where no time limit is prescribed in this Article, all kinds of work and procedures shall be concluded expeditiously.

2. In matters not regulated in this Article, the other provisions of this Law shall apply.

3. The provisions of this Article shall also apply, from the stage at which they are, to actions brought before the date on which this Article enters into force. However, with regard to the time limits for the defence, objection to the expert report, lodging an appeal (istinaf) and responding to the appeal petition which started to run before the date on which this Article enters into force, the general provisions shall apply.

Entry into force:

This Law shall enter into force on the date of its publication.

Execution:

The provisions of this Law shall be executed by the Council of Ministers.