An Important Decision From The Council Of State Regarding

An Important Decision From The Council Of State Regarding


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Recent developments

The Council of State’s
(“Council“) Board of the Unification of
Case Laws’ decision No. 2022/1
(“Decision“) was published in the
Official Gazette on 19 June 2022. According to the Decision, if the
general or special time limit for filing a lawsuit is not indicated
in the written notice regarding the administrative act, regardless
of whether it is subject to a special time limit, the general time
limit for filing a lawsuit under the Code of Administrative
Procedure will be applied.

Developments introduced

First, the Council separated the administrative acts that were
notified in writing but did not specify the time limit for filing a
lawsuit and the administrative acts that were implicitly rejected
by the administration. The Council decided that there is no need to
unify the case laws on the administrative acts rejected implicitly,
as there is no difference between the chamber’s decisions.
However, it decided that unification is required for the
administrative acts notified in writing.

Prior to the Decision, there were different approaches as to the
time limit to be applied for the administrative acts that were
notified in writing but the notices of which did not specify the
applicable time limit for filing the lawsuit. The first approach
suggested that the special time limits for the acts that fall under
them should apply. The second approach suggested that the general
time limits should apply to both the acts that are subject to the
general time limits and the special time limits. Finally, the third
approach suggested that in such case no time limit should
apply.

The Council examined the approaches to the topic and decided
that, if the time limit was not indicated in the written notice,
the general time limit for filing a lawsuit should apply even if
the administrative act is subject to a special time limit. The
Council also underlined that in the event of a conflict of
interest, there should be a delicate balance between legal
securities, administrative stability, the right to court access and
the time limit for filing a case related to public order.

Conclusion

With the Decision, in cases where the time limit for filing a
lawsuit is not notified in the written notice regarding an
administrative act, then the general time limit for filing a
lawsuit will apply regardless of whether the administrative act is
subject to a special time limit. As per the Code of Administrative
Procedure, the general time limit for filing a lawsuit is 30 days
before the tax courts and 60 days before the Council and
administrative courts.

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