Administrative Applications — The Right of Petition and Objection Procedures

Administrative applications enable individuals to exercise their freedom to seek justice by petitioning the administration. Learn about the types of application, their time limits and the cases in which they are mandatory, under Constitution Art. 74, the Right of Petition Law No. 3071 and the Administrative Procedure Law.

Administrative applications are legal mechanisms enabling individuals to seek their rights by applying directly to the administration against its acts and decisions, either before having recourse to the courts or in parallel with judicial proceedings. In the Turkish legal system, administrative application is a fundamental means of seeking justice guaranteed at both constitutional and statutory level. Article 74 of the Constitution governs the right of petition, while the Law on the Exercise of the Right of Petition No. 3071 sets out the procedures and principles for exercising it. The Administrative Procedure Law No. 2577 (İYUK) governs the relationship between administrative applications and the time limits for bringing an action and the conditions of action. This article deals in detail with the types of administrative application, their legal bases, time limits, the cases in which they are mandatory, and the application procedures.

The Constitutional and Statutory Basis of the Right of Petition

The right of petition is a fundamental right governed by Article 74 of the Constitution of the Republic of Türkiye. Under that article, citizens and — subject to reciprocity — foreigners resident in Türkiye have the right to apply in writing to the competent authorities and to the Grand National Assembly of Türkiye concerning requests and complaints relating to themselves or to the public. The outcome of applications is notified to the petitioners in writing without delay.

The Law on the Exercise of the Right of Petition No. 3071 sets out the procedures and principles for exercising the right in Article 74 of the Constitution. The petition must be written in Turkish and must contain the applicant's name, surname and signature and their business or residential address. The right of foreigners resident in Türkiye is subject to reciprocity and to the condition that the petition relates to themselves or to the public.

The exercise of the right of petition is not subject to any fee or charge. This is a natural consequence of the principle that the freedom to seek justice must not be restricted by financial obstacles. Nor may any sanction be applied to those exercising the right of petition on account of their having done so; the contrary would undermine the essence of the right and would be incompatible with the rule of law.

The right of petition is not confined to individual applications. However, under Art. 6 of Law No. 3071, petitions that do not contain a specific subject, that relate to matters within the jurisdiction of the courts, or that do not satisfy one of the conditions in Art. 4 cannot be examined.

Types of Administrative Application

Administrative applications comprise: a request that the administration take an action or decision under İYUK Art. 10; a request to the superior authority or to the authority that made the decision for the withdrawal, amendment or revocation of an existing decision under Art. 11; a petition under Law No. 3071; an information request under Law No. 4982; an application to the Ombudsman Institution; and the objection and complaint routes in special statutes. CİMER is merely an electronic communication channel; whether an application produces the effect of İYUK Art. 10 or 11 depends on the competent authority, the request, its content and its timing.

The Effect of an Administrative Application on the Time Limit for Bringing an Action

An application under İYUK Art. 11 made within the period for bringing an action does not interrupt the period; it suspends it. If the administration does not reply within thirty days, the request is deemed refused and the period remaining at the date of application begins to run again. For example, if the application was made on the twentieth day of a sixty-day period, forty days as a rule remain after implied or express refusal; a new sixty-day period does not begin.

A timely application to the Ombudsman Institution also suspends the period for bringing an action, under Art. 17 of Law No. 6328. Before applying to the Institution, mandatory administrative application routes must be exhausted and, as a rule, the application must be made within six months of service or knowledge of the administrative decision.

Cases in Which an Administrative Application Is Mandatory

An application under İYUK Art. 11 is as a rule optional; it becomes mandatory where a special statute expressly requires an application before an action is brought. Complaints in public procurement, certain tax correction and complaint procedures and social security matters are subject to their own special regimes. An objection to a disciplinary penalty within seven days is generally optional; an action may be brought directly within the period for doing so, without objecting. It should not be said that there is a uniform mandatory objection in all social security or tax disputes.

How Is a Petition for an Administrative Application Drafted?

The petition is of considerable importance to the effectiveness of the application. Petitions not properly prepared may not be processed or may not produce the desired result. The basic points to be observed in preparing a petition are set out below. The petition must first state clearly the name and address of the authority to which it is addressed. Applying to the correct authority is of critical importance both for the running of the time limits and for the application to produce an effect. Applications made to the wrong authority are accepted for forwarding to the relevant authority; this may nevertheless prolong the process and lead to loss of rights.

By statute the petition must contain the applicant's name, surname and signature and their business or residential address. The national identity number, telephone number and e-mail address are not elements of validity required by the statute for all petitions; the system used or the special legislation applicable to the matter may nevertheless require them. In an application on behalf of a legal person, the title, address and authority to represent must be shown.

The subject of the application and its grounds must be expressed clearly, intelligibly and concretely. The petition must state which administrative decision or act is objected to, on what legal grounds, and what is being requested. Any supporting documents should be submitted with the petition.

The petition must be written in Turkish. Petitions written in a foreign language are not processed. Where annexes are in a foreign language, Turkish translations may also be required. The petition may be prepared in typescript (a computer printout) or legibly in handwriting.

The validity of an electronic application depends on the relevant institution's system, the identity verification method and its special legislation. An application through CİMER or e-Devlet may be made using the identity verification the system accepts. There is no general rule that an application intended to produce the effect of İYUK Art. 10 or 11 must bear a “wet signature” or be made through the UYAP system; an appropriate channel must be used through which it can be proved that the application reached the competent authority, together with its content, date and the applicant's identity.

Time Limits in Administrative Applications

The period for implied refusal in İYUK Arts. 10 and 11 is thirty days. Where a non-final reply is given within thirty days of an application under Art. 10, the applicant may treat that reply as a refusal and bring an action, or await a final reply; the waiting period may not exceed four months from the application. Under Law No. 3071 the competent authority as a rule gives a reasoned reply within thirty days. Under the Right to Information Act No. 4982 the period for reply is as a rule fifteen working days, extendable to thirty working days in the cases specified in the statute. For a procurement complaint, Art. 55 of Law No. 4734 provides five days in tenders under Arts. 21/b and 21/c and ten days in other cases; for complaints about the notice or the tender documents there is also a limit of three working days before the tender or the final application date.

Implied Refusal and Implied Acceptance

Silence by the administration for thirty days is as a rule an implied refusal for the purposes of İYUK Arts. 10 and 11. Implied acceptance arises only where a special statute expressly so provides. For example, under Art. 30 of the Zoning Law, failure to conclude a complete application for an occupancy permit within thirty days results in the permit being deemed granted. Which consequence applies is determined by the special statute governing the application.

Electronic Administrative Applications

An application through e-Devlet, CİMER, registered electronic mail (KEP) or the institution's electronic system may be used where the system's identity verification and transmission to the competent authority conditions are satisfied. The application number, the time of transmission and the annexes should be retained. Not every text written to CİMER automatically suspends the period for bringing an action; the application must be directed to the competent authority, must expressly identify the decision, and must be made within the period in İYUK Art. 11.

Legal Remedies Where an Administrative Application Is Refused

Upon express or implied refusal, an action for annulment and, where the conditions are met, a full remedy action may be brought before the competent administrative court. The period is calculated by reference to the special period for the original decision, the day the application was made and the period remaining at the date of refusal. Where a special statute provides for an objection, a board or a superior authority, it must first be checked whether that route is a condition of action. A stay of execution is a separate request and depends on the two conditions in İYUK Art. 27.

Points to Bear in Mind

The application must be made to the competent authority, expressly identifying the request and the decision, and within its special time limit. An application under İYUK Art. 11 is made within the general period for administrative actions; that general period is sixty days before the administrative court and thirty days before the tax court, although special statutes may provide different periods. The forwarding of a petition submitted to the wrong authority is assessed separately according to the time limit and the type of application. The registration number, the KEP delivery record or the electronic application document and the annexes should be retained.

Examining the Effect on the Time Limit in a Specific Case

An application under İYUK Art. 11 made within the period for bringing an action suspends it; upon refusal only the remaining period runs. For an application under İYUK Art. 10, the statute's separate rules on an express reply, implied refusal and a non-final reply apply. Using CİMER, KEP or another channel does not of itself determine the outcome. Whether the application was directed to the competent administration, whether the request is for the withdrawal of an existing decision or the taking of a new one, the date on which it was made and the application regime in any special statute are examined together. The date of the application and its annexes should be retained by means of the registration record, a delivery document or a secure electronic record.

This content is for general information purposes and does not constitute legal advice. In specific disputes it is recommended that professional legal support be obtained from an attorney.

Frequently Asked Questions

Is an application under İYUK Art. 11 mandatory?

As a rule no; a special statute may make it mandatory.

How many days is implied refusal?

Thirty days under İYUK Arts. 10 and 11.

Does an application renew the period for bringing an action?

No; if made in time it suspends the period, and the remaining period runs after refusal.

Does an application to the Ombudsman affect the period?

Yes, it suspends the period for bringing an action on the statutory conditions.