"Ordinary Legal Remedies in Administrative Law: The Appeal and Cassation Process"

Ordinary Legal Remedies in Administrative Law  Appeal The ordinary legal remedy to be applied against the decisions of administrative and tax courts (first instance courts) is appeal. According to Article 45/1 of the Administrative Procedure Law, appeals against the decisions of administrative and tax courts are made to the regional administrative court in the judicial district where the court is located. The party against whom the judgment was rendered partially or completely may make this appeal. Both the party and the plaintiff must have legal capacity at the time of the appeal. The appeal is made by petition. The rules regarding appeal petitions in Article 48 of the Administrative Procedure Law are applied by analogy to appeal petitions . According to Article 3 of the Administrative Procedure Law, the appeal petition must include:  The full names, addresses, and Turkish Republic identity numbers of the applicant, the opposing party, and their representatives;  The court and decision that constitute the subject of the appeal;  The date of notification of the decision;  The grounds on which the appeal is based; and  The request for the annulment of the first instance court decision. If a stay of execution is requested, this request must also be included in the petition; if a hearing is requested, a hearing must also be included. The appeal period, like the cassation period, is thirty days. This period begins to run from the date of notification of the court decision. The first-instance court that rendered the decision examines the appeal petition as follows:  Whether the principles in Article 3 of the Administrative Procedure Law have been complied with,  Whether the necessary fees and postage expenses have been paid,  Whether the application was made within the thirty-day period,  Whether the application concerns a final decision. Appeals cannot be filed against interim decisions of first-instance courts and decisions resulting from requests for suspension of execution. Our law closes the right of appeal against certain decisions of first-instance courts regarding the merits of the case. Appeals cannot be filed against decisions based on Articles 20/A and 20/B of the Administrative Procedure Law . A direct appeal to the Supreme Court is provided for these decisions . The regional administrative court, as a rule, examines the appeal application based on the documents. The regional administrative court will conduct its appeal review on the following grounds :  Whether the case was heard outside its jurisdiction and authority,  Whether there is any irregularity regarding the initial review issues,  Whether the decision is in accordance with the law. If the decision is found to be in accordance with the law as a result of the appeal review, the application will be rejected. Furthermore, except for material errors that can be corrected, the appellate court, unlike the cassation court, cannot reject the application by changing the reasoning of the decision even if it finds it to be in accordance with the law.

Decisions rendered as a result of the review by the regional administrative court are only subject to appeal under Article 46 of the Administrative Procedure Law. All other decisions are final. Appeal is the second ordinary legal remedy. The appeal period is set at thirty days. This thirty-day period begins to run from the date of notification of the decision subject to appeal. Like the appeal to the regional administrative courts, an appeal does not prevent the execution of the decisions of the Council of State or the regional administrative court . All final decisions rendered by the Council of State as a first-instance court are subject to appeal. An appeal, like an appeal, is examined based on the documents. However, upon request, the examination can also be conducted in a hearing. The judge who rendered or participated in the decision subject to appeal cannot participate in the appeal review of the same case. If none of the reasons specified in Article 49 of the Administrative Procedure Law are found as a result of the review, the appeal is rejected. If one of the grounds for reversal exists, the decision is reversed. After the Council of State reverses the decision subject to appeal, it cannot make a decision on the merits. Only regional administrative courts can uphold the decision subject to appeal after a reversal decision. Appeals can be filed against both decisions made in compliance with a reversal decision and decisions that resist the reversal decision. If the regional administrative court does not comply with the appeal decision and insists on its decision, the appeal against the insistence decision will be examined and decided by the Council of State's Administrative and Tax Litigation Chambers. When a decision of resistance is overturned, the regional administrative court is obliged to comply with the decision. It cannot be resisted. In other words, the regional administrative court must issue a new decision in accordance with the reversal decision. Extraordinary Legal Remedy: Appeal in the Interest of Law . Even in finalized decisions, there may be legal irregularities. The Appeal in the Interest of Law procedure is provided to identify these legal irregularities and prevent their continuation in future decisions. Unlike ordinary legal remedies, only the Chief Prosecutor of the Council of State can file an appeal in the interest of law. Decisions that may be subject to an appeal in the interest of law:  Administrative and tax court decisions that are not subject to appeal  Administrative and tax court decisions that are subject to appeal but have become final without undergoing appellate review  Regional administrative court decisions . No time limit is stipulated for filing an appeal in the interest of law.