Administrative Law

Kubat Law & Consultancy: Administrative Law and Administrative Judicial Proceedings

In the field of Administrative Law — which is rooted in the Constitution and aims at the public interest — Kubat Law defends its clients' rights against the unlawful acts and actions of the administration. In this branch of law, which regulates the administration's relations with individuals, our priority is to preserve the balance between the superior powers of the public authority and the rights and freedoms of the individual.

Judicial Review of Administrative Acts

Where acts established by administrative authorities that affect the legal sphere of natural or legal persons are unlawful in terms of competence, form, cause, subject matter or purpose, a process of judicial review must be initiated. The principal services we provide in this scope are:

1. Annulment Actions

This is the type of action filed to eliminate, with retroactive effect, an unlawful administrative act.

Time Limits for Filing: As a general rule, it is critical to bring the action within the preclusive periods of 60 days before the Administrative Courts and the Council of State, and 30 days before the Tax Courts.

Scope of Judicial Power: The courts review the lawfulness of the administrative act; they cannot substitute themselves for the administration to conduct an expediency review, nor render decisions that would eliminate its discretionary power.

2. Full Remedy (Compensation) Actions

These are the actions filed by persons who suffer material or moral damage as a result of an action, act or omission of the administration, in order to have those damages redressed.

Bases of Liability: The administration's obligation to compensate is based on the principles of "Service Fault" (fault-based liability) or, even without fault on the part of the administration, "Strict Liability" arising within the framework of societal risks.

Social Risk Principle: We manage the processes of compensating, within the scope of "social risk", the extraordinary damages suffered by individuals due to societal events, even where these are not the result of the administration's direct activity.

Our Areas of Expertise in Administrative Justice

Our firm provides representation in the following types of dispute, from the first-instance courts to the Council of State stage:

Compensation and Restitution Actions: Refund of amounts unlawfully collected or redress of damages arising from an administrative action.

Tax Disputes: Full-remedy actions filed before the tax courts concerning the substance or the amount of the tax.

Administrative Contracts: Disputes arising from the performance of contracts signed with the administration for the purpose of carrying out public services.

Zoning and Settlement Law: Legal challenges against the annulment of zoning plans and the decisions of municipal councils.

Why Should You Seek Professional Support?

Unlike judicial (ordinary) proceedings, administrative procedure is based on the principle of being in writing, and the time limits run very quickly from the date of notification/announcement. Overlooking the different filing periods provided for in special laws may lead to the dismissal of the action even on a matter where you are in the right.

From its Istanbul office, Kubat Law conducts a disciplined case-management process to secure its clients' rights against the activities of the administration and to compensate the damages suffered in the fastest possible way.