Adana Administrative Law Lawyer

As an Adana lawyer for actions for annulment, we provide legal representation to our clients in actions for annulment brought, under Article 2/1(a) of İYUK No. 2577, by persons whose interests have been infringed against unlawful administrative acts. Unlawfulness of an administrative act in respect of any of its elements of competence, form, grounds, subject matter and purpose is a ground for annulment. Actions for annulment may be brought against appointment and transfer decisions, disciplinary penalties, licence cancellations, zoning plan changes, public procurement decisions, tax assessments, parcel arrangements and administrative fines. The time limit for bringing an action for annulment is 60 days from notification, and this period is peremptory. By requesting a stay of execution (İYUK Article 27), it is possible to suspend implementation of the administrative act while the case is pending. An annulment decision has retroactive effect and removes the administrative act from the outset.

As an Adana lawyer for full remedy actions, we serve our clients in cases where persons whose rights have been infringed by an act, action or failure to act of the administration claim compensation from the administration for the pecuniary and non-pecuniary damage suffered, under Article 2/1(b) of İYUK. The legal basis of a full remedy action is service fault (hizmet kusuru; Constitution, Article 125, last paragraph) or strict liability. A full remedy claim is made in events such as malpractice in health institutions, damage suffered in terrorist acts, de facto expropriation without formal proceedings, faulty operations by law enforcement and the collapse of a public building. The time limit for filing a case is 60 days from notification of the administrative act or from learning of the action; in some cases a prior application to the administration is mandatory (İYUK Article 13). In calculating compensation, the real value of the damage, the causal link and the client's contributory fault (müterafik kusur) are carefully assessed with court-appointed expert reports.

As an Adana civil servant disciplinary lawyer, we provide legal representation to our clients in bringing actions for annulment against the penalties of warning, reprimand, salary deduction, suspension of step progression and dismissal from the civil service imposed on civil servants under Article 125 of the Civil Servants Law No. 657. In disciplinary penalties, procedural safeguards (the right of written defence, the competence of the disciplinary superior, the limitation period for penalties, objection to the higher disciplinary board) are carefully examined. An action for annulment may be brought directly before the administrative court against decisions of the High Disciplinary Board (Yüksek Disiplin Kurulu). A civil servant who suffers financial loss as a result of a disciplinary penalty also retains the right to claim compensation through a full remedy action. Suspending the application of the penalty until the end of the case by requesting a stay of execution is critical, particularly in salary deduction and suspension from duty decisions, for protecting the client's livelihood and professional honour.

As an Adana security investigation lawyer, we provide legal representation to candidates who have been denied public office, a place at a military school, the police academy or a similar institution as a result of a negative assessment under the Security Investigation and Archive Research Law No. 7315. By decision 2019/40 E. of the Constitutional Court, the relevant provision of the former Law No. 4045 was annulled, and the new Law No. 7315 entered into force in 2021. A negative security investigation has the nature of an administrative act, and an action for annulment may be brought before the administrative court within 60 days of notification. Whether a causal link has been established with the information and documents on which the negative assessment of the candidate is based, compliance with the principle of proportionality and the existence of exceptions in the candidate's favour are presented to the court with court-appointed expert input and legal arguments. Refusal decisions based on the past of family members are an important subject of debate in judicial review.

As an Adana expropriation lawyer, we provide legal representation in the action for determination and increase of compensation available to the owner under the Expropriation Law No. 2942 where the administration takes private property, and in actions concerning de facto expropriation without formal proceedings. In the Adana region, expropriations of agricultural land, for irrigation projects of the State Hydraulic Works (DSİ) and for motorways and power transmission lines arise frequently. In actions for determination of compensation, the calculation of the real market value by the panel of court-appointed experts, as well as the zoning status, location, yield and infrastructure of the immovable property and comparable sales, are carefully assessed. An action for annulment may be brought before the administrative court against urgent expropriation (acele kamulaştırma) decisions, while in de facto expropriation both the prevention of the interference and compensation of the value may be claimed. Physical seizures carried out without an expropriation annotation being entered on the title deed register constitute a violation of the right to property under Article 35 of the Constitution and may be the subject of individual applications to the Constitutional Court.

As an Adana zoning law lawyer, we serve our clients, under the Zoning Law No. 3194 (İmar Kanunu) and the related regulations, in the annulment of zoning plans (master and implementation zoning plans), parcellation procedures, disputes concerning building permits and occupancy permit certificates, procedures concerning unauthorised buildings, objections to decisions of the municipal executive committee and urban transformation cases under the Law No. 6306 on the Transformation of Areas under Disaster Risk. Under the rule of infringement of interest (İYUK Article 2/1(a)), municipal acts may be challenged only by the persons affected. Where no objection is made during the public display (askı) periods of plan changes, the time limit for filing a case becomes shorter; for this reason, zoning plan changes put on public display by the Adana Metropolitan Municipality and the district municipalities should be monitored regularly. The technical report of the panel of court-appointed experts and the assessment of compliance with urban planning principles are among the factors that determine the course of the case.

As an Adana tax litigation lawyer, we provide legal representation to our clients, under the Tax Procedure Law No. 213 (Vergi Usul Kanunu) and İYUK No. 2577, in cases concerning tax assessment and accrual, tax loss penalties (vergi ziyaı), irregularity penalties, VAT and income or corporate tax disputes, transfer pricing, allegations of fictitious invoices, objections to payment orders and the annulment of attachment procedures. In tax cases, the time limit for filing a case is 30 days, and this special procedure applies before the tax court. Under the Tax Procedure Law, tax settlement (uzlaşma; partial or full) is an alternative route available before an action is brought and may allow the penalty to be reduced significantly. The time limit for objecting to a payment order is 15 days and is critical for stopping the attachment procedure. In tax cases, court-appointed expert reports, the examination of books and records and the legal and technical analysis of the administration's grounds for the assessment are carried out carefully by our office.

As an Adana public procurement objection lawyer, we serve our clients under the Public Procurement Law No. 4734 in objections to tender documents, complaints to the contracting authority against unlawful acts in the tender, objection-complaints before the Public Procurement Authority (Kamu İhale Kurumu, KİK) and actions for annulment before the administrative court against decisions of the Authority. Matters such as tender documents contrary to law, decisions of the tender commission that do not comply with the evaluation criteria, errors in the evaluation of the economically most advantageous tender and the participation in the tender of firms that are banned are subjects of litigation. The time limit for filing a case against decisions of the Authority is 30 days, and the signing of the contract may be suspended by requesting a stay of execution. Contract management under Law No. 4735, progress payment (hakediş) disputes, delay penalties and termination procedures are also among the areas in which our office works.

As an Adana administrative fines lawyer, we provide legal representation against administrative fines imposed under the Misdemeanours Law No. 5326 (Kabahatler Kanunu), traffic fines (Highway Traffic Law No. 2918), municipal police fines, environmental fines (Environment Law No. 2872), customs fines, administrative fines of the Social Security Institution (SGK) and licence cancellation decisions. The time limit for objecting to administrative fines under the Misdemeanours Law is 15 days from notification, and the application is made to the Criminal Judgeship of Peace (Sulh Ceza Hakimliği), a single-judge judicial authority rather than a court (KK Article 27). Breaches of the principles of proportionality, equality and lawfulness in fines imposed by the administration, errors in the characterisation of the act, compliance with the rules on notification and the limitation period are carefully examined. In traffic fines, an action for annulment may be brought before the administrative court; the withdrawal of a driving licence, vehicle inspection penalties and number plate penalties are subject to different procedural rules.