Administrative Application Remedies — Right to Petition and Objection Procedures

Administrative application remedies are legal mechanisms that enable individuals to seek their rights by directly applying to the administration before or in parallel with judicial proceedings against administrative actions and decisions. In the Turkish legal system, administrative application is a fundamental right-seeking remedy guaranteed at both constitutional and statutory levels. Article 74 of the Constitution regulates the right to petition, while Law No. 3071 on the Exercise of the Right to Petition establishes the procedures and principles for exercising this right. The Administrative Procedure Act No. 2577 (APA) regulates the relationship between administrative applications and litigation deadlines and case requirements. This article examines in detail the types, legal bases, deadlines, mandatory cases, and application procedures of administrative remedies.

Constitutional and Legal Basis of the Right to Petition

The right to petition is a fundamental right regulated under Article 74 of the Constitution of the Republic of Turkey. According to this article, citizens and foreigners residing in Turkey — subject to the principle of reciprocity — have the right to apply in writing to competent authorities and the Grand National Assembly of Turkey regarding their wishes and complaints concerning themselves or the public. The results of applications must be communicated to the petitioners in writing without delay.

Law No. 3071 on the Exercise of the Right to Petition regulates the procedures and principles for exercising the right enshrined in Article 74 of the Constitution. According to this law, the right to petition may be exercised by Turkish citizens and foreigners residing in Turkey. Legal entities may also benefit from the right to petition through their authorized bodies. Petitions must be written in Turkish, bear the name, surname, and signature of the petitioner, and include the business or residential address.

The exercise of the right to petition is not subject to any fee or charge. This is a natural consequence of the principle that the freedom to seek justice should not be restricted by financial barriers. Furthermore, no sanctions may be imposed on persons for exercising their right to petition; otherwise, the essence of the right to petition would be undermined, which is incompatible with the rule of law principle.

The right to petition is not limited to individual applications. Multiple persons may also apply through a joint petition. However, pursuant to Article 6 of Law No. 3071, petitions submitted to the Grand National Assembly or competent authorities that do not contain a specific subject, bear only the petitioner's signature without further identification, or lack the petitioner's name, surname, and business or residential address shall not be processed.

Types of Administrative Applications

Administrative applications are categorized according to their nature and legal consequences. This classification varies in terms of the authority to which the application is made, the content of the application, and its legal effects.

Mandatory administrative application (APA Article 11 application): Article 11 of the APA regulates the remedy of appealing to the superior authority against administrative decisions. According to this article, interested parties may, before filing an administrative lawsuit, apply to the superior authority of the body that issued the decision — or to the issuing body itself where no superior exists — requesting the annulment, withdrawal, modification of the decision, or the issuance of a new decision. This application is optional in nature; however, once made, it suspends the litigation deadline. If the administration does not respond within 60 days, the request is deemed rejected.

Application under APA Article 10: Article 10 of the APA regulates the remedy regarding the silence of administrative authorities. Accordingly, interested parties may apply to administrative authorities requesting that an action or decision subject to administrative litigation be taken. If the administration does not respond within 60 days, the request is deemed rejected (implied rejection). In this case, the interested party may file a lawsuit within the litigation deadline starting from the expiry of the 60-day period. If the administration responds within 60 days and the response is negative, the litigation deadline begins from the date of notification of the response.

Information request application: These are applications made within the framework of Law No. 4982 on the Right to Information. This law regulates the procedures and principles for exercising the right to information as a requirement of democratic and transparent governance. The application is made in writing to institutions and organizations. In case of rejection or failure to respond within 15 business days, an objection may be filed with the Information Assessment Board.

CIMER (Presidential Communication Center) application: This is an application mechanism used by citizens to submit complaints, requests, opinions, suggestions, and reports regarding state institutions. While CIMER applications do not legally constitute a direct administrative remedy, in practice they serve as an effective tool for drawing the attention of the administration and accelerating administrative processes.

Ombudsman Institution application: Established by Law No. 6328 on the Ombudsman Institution, this body examines complaints regarding the functioning of the administration. Applications may be made after administrative remedies have been exhausted or when no response has been received within 60 days of applying to the administration. The application deadline is 6 months from the notification of the administrative decision or the date of implied rejection.

Effect of Administrative Application on Litigation Deadlines

The effect of an administrative application on litigation deadlines varies according to the type and legal basis of the application. This constitutes one of the most critical aspects of administrative remedies, as missing the litigation deadline results in the loss of rights.

An application under APA Article 11 suspends the litigation deadline. It is important to note that the deadline is suspended, not interrupted — meaning the time continues from where it left off, not from the beginning. For example, if an appeal is made to the superior authority on the 20th day of the 60-day litigation period and the administration rejects the application 30 days later, the remaining 40 days continue to run from the notification of the response. If the administration does not respond within 60 days, the remaining period runs from the expiry of the 60-day waiting period.

The situation differs for applications under APA Article 10. In such applications, the interested party requests the administration to take a specific action. If the administration does not respond within 60 days, implied rejection occurs. The litigation deadline (60 days) begins from this rejection date. However, if the administration responds after the implied rejection date, a new litigation deadline begins from the notification of this response.

General applications made under Law No. 3071 on the Right to Petition do not, as a rule, affect the litigation deadline. Therefore, persons wishing to suspend the litigation deadline or initiate a new period must make applications specifically under APA Article 10 or Article 11.

In cases where mandatory administrative remedies must be exhausted, the administrative application is a prerequisite for filing a lawsuit. Lawsuits filed without this application are rejected by the court due to the absence of a case requirement. Mandatory remedies are regulated by special laws, such as complaint and review complaint applications under Public Procurement Law No. 4734, and reconciliation applications in tax law.

Cases Where Administrative Application Is Mandatory

In the Turkish legal system, in certain cases, administrative remedies must be exhausted before applying to the administrative courts. This requirement is imposed by special laws and aims to give the administration the opportunity to correct its own errors and reduce the workload of the judiciary.

In public procurement disputes: According to Public Procurement Law No. 4734, irregularities in the procurement process must first be reported to the contracting authority through a complaint application. If the complaint is rejected or no response is given within 10 days, a review complaint may be filed with the Public Procurement Authority (PPA). Administrative court proceedings may be initiated against PPA decisions.

In tax disputes: According to Tax Procedure Law No. 213, penalty reduction requests and reconciliation applications for tax penalties are regulated as special administrative remedies. A reconciliation application suspends the litigation deadline; if reconciliation fails, a lawsuit may be filed within the remaining period.

In social security disputes: Under Social Insurance and General Health Insurance Law No. 5510, objections must first be filed with the Social Security Institution (SSI) against its decisions. If the objection is rejected or no response is given within 60 days, a lawsuit may be filed.

In expropriation disputes: According to Expropriation Law No. 2942, the administration must conduct reconciliation negotiations with the property owner before the expropriation process. If reconciliation fails, the administration may file a suit for price determination and registration; the owner may file an annulment suit against the expropriation decision.

In civil servant disciplinary penalties: According to Civil Servants Law No. 657, objections may be filed with the disciplinary board against warning and reprimand penalties. The objection period is 7 days from notification of the penalty. If the objection is rejected, administrative court proceedings may be initiated.

How to Draft an Administrative Petition

The administrative petition is of great importance for the effectiveness of the application. Improperly prepared petitions may not be processed or may fail to produce the desired result. The fundamental matters to be considered in drafting a petition are explained below.

The petition must first clearly state the name and address of the authority being addressed. Making the application to the correct authority is critically important both for the running of deadlines and for the application to produce results. Applications made to the wrong authority are accepted for forwarding to the relevant authority; however, this may lead to extended deadlines and loss of rights.

The petition must clearly state the applicant's name, surname, national ID number, business or residential address, and, if available, contact information (telephone, email). For legal entities, the name and surname of the authorized person along with the entity's trade name and address must be specified. The petition must be signed by the applicant or their authorized representative.

The subject and reasons for the application must be expressed clearly, comprehensibly, and concretely. The petition should specify which administrative decision or action is being contested, which legal grounds are relied upon, and what is requested. Supporting documents, if any, should be submitted as attachments to the petition.

Deadlines in Administrative Applications

Correct calculation of deadlines in administrative applications is vitally important for preventing the loss of rights. Different deadlines are prescribed for different types of applications, and failure to comply with these deadlines may result in rejection of the application or loss of the right to sue.

APA Article 11 application: Must be made within the 60-day litigation deadline from notification of the administrative decision. The filing of the application suspends the litigation deadline. If the administration does not respond within 60 days, the request is deemed rejected; the remaining litigation period resumes from the expiry of the 60-day waiting period.

APA Article 10 application: May be made at any time without any time limitation. However, if the administration does not respond within 60 days, implied rejection occurs and the litigation deadline begins to run from this date.

Information request application: There is no time limitation; it may be made at any time. The administration must respond within 15 business days. This period begins from the date the application is registered in the institution's records. If an extension is granted, an additional period of up to 15 business days may be given.

Ombudsman Institution application: Must be made within 6 months from the date administrative remedies were exhausted or the date of implied rejection.

Objection to disciplinary penalties: Under Civil Servants Law No. 657, objection must be filed within 7 days against warning and reprimand penalties.

Implied Rejection and Implied Acceptance

When the administration fails to respond to an administrative application within a specified period, legal consequences arise. The most important of these is the institution of implied rejection. Implied rejection prevents individuals' right to sue from being held in abeyance for an indefinite period by attaching legal consequences to the administration's silence.

Pursuant to APA Article 10, if no response is given to an application within 60 days, the request is deemed rejected. Similarly, under APA Article 11, if no response is given to an appeal to the superior authority within 60 days, the application is deemed rejected. This demonstrates that the administration does not have a right to remain silent and has an obligation to respond.

Implied acceptance is an exceptional institution. In Turkish administrative law, the general rule is implied rejection, and implied acceptance applies only in cases explicitly provided by law. For example, in certain zoning applications and permit applications, the administration's failure to respond within a specified period may mean the application has been accepted. However, such cases are quite limited, and the relevant legislation must be examined for each specific case.

The litigation deadline against an implied rejection decision begins from the date the 60-day waiting period expires. If the interested party does not file a lawsuit after the implied rejection date and continues to wait, and the administration subsequently issues an explicit rejection response, the litigation deadline begins anew from the notification of the explicit rejection. This has been confirmed by Council of State case law.

Electronic Administrative Applications

With the process of digitalization, making administrative applications electronically has become increasingly widespread. The e-Government gateway, CIMER, UYAP, and various institutions' own electronic application systems are the primary tools in this field.

Through the e-Government gateway, petitions can be sent to many public institutions, information requests can be made, and transaction tracking can be performed. For applications made through e-Government, an electronic signature or mobile signature is sufficient, and no physical petition needs to be submitted.

The CIMER system allows citizens to submit complaints, requests, opinions, suggestions, and reports to all public institutions through the Presidential Communication Center. CIMER applications are directed to the relevant institutions for follow-up, and the results are communicated to the applicant. However, since CIMER applications do not constitute administrative applications within the meaning of the APA, they do not suspend or interrupt the litigation deadline. Therefore, to avoid loss of rights, it is recommended to additionally make administrative applications under APA Article 10 or Article 11.

Through the UYAP (National Judiciary Informatics System), attorneys can file lawsuits and submit petitions in administrative courts. Citizens can track their cases through the UYAP citizen portal using their e-Government credentials. The UYAP system has made significant contributions to accelerating and increasing the transparency of administrative litigation processes.

Some public institutions also accept applications through their own websites or mobile applications. Platforms such as SSI, Revenue Administration, and municipalities' e-municipality systems fall within this scope. For applications made through these platforms, attention must also be paid to deadlines, and administrative applications under the APA should be made separately when necessary.

Legal Remedies When Administrative Application Is Rejected

When an administrative application is rejected, the applicant has the right to file a lawsuit in administrative courts. The rejection of an administrative application constitutes an administrative decision that may itself be the subject of a lawsuit. An annulment action may be filed before the administrative court within the 60-day litigation period from the notification of the rejection decision.

The same applies when the application results in implied rejection. With the expiry of the 60-day waiting period, implied rejection occurs, and the interested party may file an annulment action within the litigation period. However, if the administration issues an explicit rejection response after the implied rejection date, a new litigation period begins from the notification of the explicit rejection.

In the case of partial acceptance of the administrative application, a lawsuit may be filed regarding the rejected portion. If the application is fully accepted but not implemented, administrative court proceedings may also be initiated. In this case, the administration's failure to implement is also subject to judicial review.

In addition to annulment actions, full remedy actions may also be filed for compensation of damages arising from the rejection of the administrative application. Annulment and full remedy actions may be filed together or separately. It is also possible to wait for the outcome of the annulment action and then file a full remedy action (APA Art. 12).

Matters to Consider in Administrative Applications

There are many matters to consider during the administrative application process. Failure to observe these matters may result in the application being unsuccessful or in loss of rights.

First, the application must be made to the correct authority. Under APA Article 11, the application should be made to the superior authority of the body that issued the decision. If there is no superior authority, it should be made to the issuing body. Applications made to the wrong authority may not suspend the deadline. Second, the application must be made within the prescribed period. In particular, applications under APA Article 11 must be made within the 60-day litigation period. Third, the application must be made in writing and the application date must be documented. For in-person applications, a document registration number should be obtained; for applications by mail, registered mail with return receipt should be preferred.

Fourth, the request must be clear and specific. Requests such as annulment, modification of the decision, or issuance of a new decision must be expressed concretely. Fifth, it should not be forgotten that administrative application does not suspend the litigation deadline in all cases. Only applications under APA Article 11 suspend the deadline; other applications generally do not affect it.

Sixth, in cases where mandatory administrative remedies must be exhausted, lawsuits should not be filed without making these applications. Otherwise, the lawsuit will be rejected due to the absence of a case requirement. Finally, conducting the administrative application process with professional legal support increases the effectiveness of the application, particularly in complex disputes, and prevents potential loss of rights.

Administrative Applications in Council of State Case Law

The Council of State has rendered many important decisions regarding administrative remedies. These decisions are guiding in nature regarding the legal character of administrative applications, their effect on deadlines, and mandatory cases.

The Council of State consistently emphasizes that applications under APA Article 11 suspend the litigation deadline but do not initiate a new litigation period. The difference between suspension and interruption is critically important: in the case of suspension, the period continues from where it left off, while in the case of interruption, the period starts over.

The Council of State has also decided that when the administration issues an explicit rejection response after an implied rejection decision under APA Article 10, a new litigation period begins. This case law is important in terms of expanding individuals' opportunities to seek justice.

Furthermore, the Council of State states that the burden of proving the date of the administrative application rests with the applicant. Therefore, it is important to document the application date through document registration numbers, registered mail receipts, or similar evidence.

According to Council of State case law, CIMER applications are not considered administrative applications within the scope of APA Article 11 and do not suspend the litigation deadline. For this reason, it is of great importance to file lawsuits within the prescribed period or to make proper applications under APA Article 11 against administrative decisions.

This content is for general informational purposes only and does not constitute legal advice. It is recommended to seek professional legal support from an attorney for specific disputes.