An application under IYUK Art. 11 may affect the remaining time; a new and complete time limit for filing an action does not always arise. In special procedures, this application route may not apply.
Filing a general administrative action
60 daysApplication / filing time limit
- Starting point
- As a rule, the day following written notification.
- Place of application / filing
- The competent administrative court, or the Council of State as the court of first instance
If a special statute, a public announcement or a special application rule applies, the time limit and its starting point may change.
IYUK Art. 7–8 · Source 1
Appeal in administrative litigation (istinaf)
30 daysApplication / filing time limit
- Starting point
- Service of the decision that is open to appeal.
- Place of application / filing
- The regional administrative court, through the court that issued the decision
The finality threshold and special procedures are reserved.
IYUK Art. 45 · Source 1
Cassation appeal in administrative litigation (temyiz)
30 daysApplication / filing time limit
- Starting point
- Service of the decision that is open to a cassation appeal.
- Place of application / filing
- The Council of State, through the relevant court
Not all regional administrative court decisions are open to a cassation appeal.
IYUK Art. 46 · Source 1
Objection to a stay of execution decision
7 daysApplication / filing time limit
- Starting point
- Service of the decision.
- Place of application / filing
- The objection authority designated in IYUK Art. 27/7
It may be made only once. The bar on objections in expedited procedures and central examination procedures is reviewed separately.
IYUK Art. 27 · Source 1
Administrative action after a lack of jurisdiction ruling in the ordinary courts
30 daysApplication / filing time limit
- Starting point
- The day following finality of the lack of jurisdiction ruling.
- Place of application / filing
- The competent administrative judicial authority
Whether the initial action was filed within the time limit and the other conditions are reviewed; if the general time limit for filing an action has not yet expired, Art. 9/2 is also taken into account.
IYUK Art. 9 · Source 1
Implied rejection of a request to the administration for an act
30 daysImplied rejection / waiting period
- Starting point
- No response for thirty days to an application under IYUK Art. 10.
- Place of application / filing
- The relevant administration; then the competent administrative judicial authority
These 30 days are not a time limit for filing an action. After the implied rejection, the time limit for filing an action runs. The waiting period for a non-final response cannot exceed 4 months from the application.
IYUK Art. 10 · Source 1
Application for withdrawal or amendment of an act
30 days of silenceImplied rejection / suspension of time limit
- Starting point
- A proper application under IYUK Art. 11 made within the time limit for filing an action.
- Place of application / filing
- The superior authority; if there is none, the authority that issued the act
Thirty days without a response is treated as a rejection; after the rejection or implied rejection, the remaining time limit for filing an action runs. The time that has already elapsed is taken into account.
IYUK Art. 11 · Source 1
Mandatory prior application for damage caused by an administrative act
1 year / 5 yearsApplication / filing time limit
- Starting point
- 1 year from learning of the act, by written notice or otherwise; in any case 5 years from the act.
- Place of application / filing
- The relevant administration
After service of the rejection or 30 days without a response, a full remedy action is filed within the time limit for filing an action. Learning of the damage and of the administrative nature of the act is assessed in the specific case.
IYUK Art. 13 · Source 1
Refiling after a petition rejection decision
30 daysApplication / filing time limit
- Starting point
- Service of the petition rejection decision.
- Place of application / filing
- The competent court indicated in the decision
Deficiencies must be cured in the manner stated in the decision; repeating the same error may lead to dismissal of the action.
IYUK Art. 15 · Source 1
Response petition in an administrative action
30 daysApplication / filing time limit
- Starting point
- Service of the petition to be answered.
- Place of application / filing
- The court hearing the action
For a justified reason and on a request made within the time limit, it may be extended once by up to 30 days; special procedures differ.
IYUK Art. 16 · Source 1
Action under the expedited procedure
30 daysApplication / filing time limit
- Starting point
- The notification or announcement start date applicable to an act within IYUK Art. 20/A.
- Place of application / filing
- The competent administrative judicial authority
Applies only to the acts listed in the article; the general 60-day time limit does not apply. Art. 11 does not apply.
IYUK Art. 20/A · Source 1
Cassation appeal in expedited proceedings
15 daysApplication / filing time limit
- Starting point
- Service of the final decision.
- Place of application / filing
- The Council of State, through the court that issued the decision
The 30 days for filing an action and the 15 days for the cassation appeal must not be confused.
IYUK Art. 20/A · Source 1
Actions concerning central and common examinations
10 daysApplication / filing time limit
- Starting point
- The starting point for an act within IYUK Art. 20/B.
- Place of application / filing
- The competent administrative court
Applies to the examination acts of the Ministry of National Education (MEB) and the Measuring, Selection and Placement Center (OSYM) specified in the article; it does not apply to all education disputes. Art. 11 does not apply.
IYUK Art. 20/B · Source 1
Cassation appeal in an action concerning central and common examinations
5 daysApplication / filing time limit
- Starting point
- Service of the final decision.
- Place of application / filing
- The Council of State, through the court that issued the decision
The time limit for filing the action is 10 days; this special cassation appeal time limit is 5 days.
IYUK Art. 20/B · Source 1