ADMINISTRATIVE ACTION ANNULMENT LAWSUIT

In administrative law, an annulment lawsuit is a lawsuit filed against an action taken or a decision made by the administration

An annulment lawsuit can only be filed against unilateral administrative acts. Annulment lawsuits cannot be filed against administrative actions or administrative contracts. According to the Administrative Procedure Law, for an administrative act to be the subject of an annulment lawsuit, it must be a "definitive and enforceable act." In other words, drafts and opinions are not a valid subject for an annulment lawsuit.

Statute of limitations in administrative action annulment lawsuits

Administrative acts are generally divided into two categories: individual acts and regulatory acts. Individual acts are those that directly affect the interests of individuals and concern their legal rights. Regulatory acts, on the other hand, are acts such as regulations, bylaws, circulars, communiqués, and directives issued by the public administration to ensure the order and functioning of the administration. An annulment lawsuit against a regulatory act can be filed directly with the Council of State.

The time limit for filing a lawsuit begins the day following the date of notification of the administrative act. If the party concerned learns of the act before notification, the time limit does not begin. However, the person who learns of the act can file a lawsuit without waiting for notification.

Courts with jurisdiction in administrative action annulment cases

Depending on the nature of the administrative act sought to be annulled, the courts responsible for hearing annulment cases are as follows:

• Administrative court (First instance court),
• Tax court (First instance court),
• Regional Administrative Court (Appellate Court),
• Council of State (Appellate court and, in some cases, first instance court).

In lawsuits challenging the annulment of administrative acts, the time limit for filing a lawsuit is 60 days in the Council of State and administrative courts, and 30 days in tax courts, unless specific time limits are stipulated in special laws. These time limits begin following the date of notification in administrative disputes.

In the annulment decision resulting from the annulment lawsuit…

If a lawsuit is filed to annul an administrative action by those whose interests have been violated, and the action results in an annulment decision, this decision has general effect and applies to those who did not file an annulment lawsuit as well.

How to file a lawsuit to annul an administrative act? What are the scopes of a lawsuit to annul an administrative act? How long do lawsuits to annul administrative acts take? For more information on issues such as the costs of lawsuits to annul administrative acts, and for other questions, you can obtain consultancy services from our experienced lawyers in the field