Application to the Administration, Administrative Objection and Implied Rejection
In an administrative dispute, suit is not always the first step. A special law may provide for a mandatory application, objection, complaint, appeal by way of complaint or application to a higher authority. Some applications affect the time limit for filing suit and some do not. Filing the application with the wrong authority, merely sending an email, failing to document the date of registration and service, or an application text that does not meet the legal request may lead to consequences that cannot be remedied later.
If the administration does not reply within the period provided by law, this may result in implied rejection if the conditions are met. However, not every silence has the same legal consequence. The subject of the application, the special legislation applied, the administration’s period for replying, the requirement of a final act and the effect on the time limit for suit must be examined together.
When an administrative application is prepared, the following are determined in advance:
- The competent authority and the electronic or physical method of application
- Whether the application is mandatory or optional
- A clear description of the act, action or omission
- The decision and relief requested
- Evidence, attachments and service records
- The effect of the application on the time limit for suit
- The roadmap if no reply is given
These points are determined in advance.
Service and the Type of Application Change the Time Limit
General time limit for filing suit
Unless a special law provides otherwise, the time limit is 60 days before the Council of State and administrative courts and 30 days before tax courts. In administrative disputes, the general starting point is the day following written notification. Announcement, learning of the act, tax acts and the starting points in special laws are assessed separately.
İYUK Art. 11: Watch the remaining time
An application within the time limit for suit, made to the higher authority if the conditions are met or, if there is no higher authority, to the authority that issued the act, stops the running of the time limit that has begun. After a reply of rejection or 30 days without a reply, the period resumes running; the days that passed before the application are counted. It must not be assumed that a new full period for suit is granted. Exceptions in special procedures are checked.
İYUK Art. 10: Request for a new act
In an application requesting that a new act or action be taken, failure to reply within 30 days generally constitutes implied rejection. A reply that is not final, a late reply and special legislation require different calculations. An Article 10 application and an Article 11 application directed at an existing act cannot be used in place of each other.
UETS, KEP and physical service
UETS is the National Electronic Service System. Electronic service is deemed made at the end of the fifth day following the date it reaches the address; not reading it does not postpone the time limit. An SMS or email is information only. It is important for companies, businesses with foreign partners and persons living abroad to set up an authorized user and a regular checking routine.
A KEP message is not the same as UETS service; the automatic fifth-day calculation cannot be applied to KEP. The special legislation of the act and the message evidence are examined. For physical service, the envelope, the service receipt, the person who received it and the method of service are checked together. For acts where a notice slip was left at the door, do not rely only on the date you actually received the document.
CİMER or freedom of information applications
Applying to these channels does not by itself mean that the time limit for suit stops. The content of the application, its being directed to the competent authority and the law it is subject to are assessed. If irregular service is alleged, the date of learning of the act and the records showing it must be preserved.
Preparing for the Consultation
Prepare the full decision, the service record and the delivery documents of earlier applications. State any approaching time limit at first contact.