Administrative Law

Administrative law is one of the fundamental branches of law that regulates the relationships between the state and individuals, defines the limits of public power, and protects the rights of citizens against the administration. As MFY Legal | Law Firm, we provide comprehensive, strategic, and swift solutions to our clients against all kinds of administrative actions and proceedings.

Resolving disputes with public institutions requires not only knowledge of legislation but also practical experience, litigation strategy, and process management expertise. MFY Legal’s expert administrative law attorneys provide professional representation in all aspects of this field — including expropriation, disciplinary penalties, public tenders, license revocations, civil servant proceedings, and full remedy actions.

Scope and Importance of Administrative Law

Administrative law is a legal system that regulates the activities of the administration using public power. The main purpose of this field is to ensure the administration’s adherence to the law and to guarantee the rights of individuals against public power.

The main subjects of administrative law are:

• Administrative acts and actions
• Administrative contracts
• Proceedings related to public officials (appointment, discipline, dismissal)
• Licenses, permits, revocations, and administrative sanctions
• Expropriation and urgent expropriation proceedings
• Full remedy actions (compensation claims)
• Public tenders and contract cancellations

This field ensures both the legal security of individuals and prevents arbitrary behavior of the administration.

How Does the Administrative Litigation Process Work?

The administrative judicial process is conducted according to the provisions of the Administrative Procedure Law (İYUK) No. 2577. The process is generally evaluated in three stages:

1. Preliminary Application (Administrative Application Stage)

First, an administrative application is made to the relevant institution against the administration’s action or proceeding. This is often a mandatory prerequisite (e.g., for disciplinary penalties, license revocations, tenders).

2. Filing a Lawsuit

An annulment action or a full remedy action can be filed within 60 days of the notification of the administrative act. This period is a statute of limitations.

• Annulment Action: Requests the cancellation of unlawful administrative acts.
• Full Remedy Action: Seeks compensation for material or moral damages arising from the administration’s action or proceeding.

3. Trial and Decision

The case is heard by the competent administrative court, tax court, or the Council of State. When necessary, a stay of execution can be requested to temporarily prevent the implementation of the act.

Expropriation and Urgent Expropriation Cases

Expropriation is the process by which the administration acquires private property for public interest purposes in exchange for compensation. The Expropriation Law No. 2942 (Official Gazette: 08.11.1983 / 18215) forms the basis of this process.

Expropriation Process

1. A Public Interest Decision is taken (by the relevant ministry or administration).
2. The value of the property is determined by experts.
3. Notification is made, and if an agreement cannot be reached, a lawsuit is filed.
4. The value determination and registration lawsuit is filed by the administration.

Urgent Expropriation

Urgent expropriation, pursuant to Article 27 of Law No. 2942, allows for the urgent expropriation of property by Presidential decision. This decision takes effect as soon as it is published in the Official Gazette.

Public Tender and License Revocation Cases

Public tenders are subject to the Public Procurement Law No. 4734. In cases of errors in the tender process, evaluations contrary to legislation, or violation of competition, it is possible to appeal to the administration and then to the Public Procurement Authority (KİK).

Similarly, in cases of revocation of administrative permits such as operating licenses or construction permits, an annulment action can be filed. As such actions often directly affect our clients’ commercial activities, swift legal intervention is of great importance.

Public Officials and Disciplinary Penalties

The Civil Servants Law No. 657 (Official Gazette: 23.07.1965 / 12056) regulates the rights and obligations of public officials.

MFY Legal offers expert consultancy and litigation services in the following areas:

• Suspension or dismissal proceedings
• Appeals against disciplinary penalties
• Appointment and transfer of duty location
• Personnel record and promotion proceedings

Case Study: Stay of Execution Decision in a License Revocation Case

Incident: A construction company approached MFY Legal after the municipality revoked their building permit.

Issue: The administration revoked the permit claiming non-compliance with the zoning plan.

Strategy: Based on legislation and judicial precedents, we argued that the permit revocation was unlawful in terms of authority and procedure.

Outcome: The 4th Administrative Court of Istanbul decided to stay the execution on the grounds of “clear violation of law.” Our client’s project continued without delay.

Frequently Asked Questions (FAQ)

Legal Basis

• Administrative Procedure Law No. 2577
• Expropriation Law No. 2942
• Public Procurement Law No. 4734
• Civil Servants Law No. 657
• Council of State Decisions
• Official Gazette – mevzuat.gov.tr

Contact and Legal Support

To protect your rights against the administration, conduct processes correctly, and receive professional legal representation, contact MFY Legal | Law Firm immediately.

👉 Contact MFY Legal now for expert legal support tailored to you.