Administrative Law

Administrative law regulates the relationship between the state and individuals and private legal entities and oversees the legality of administrative acts. Public procurement, licensing and permit processes, regulatory body sanctions, expropriation and administrative litigation are the core areas of this field. Emir Law & Consulting provides strategic administrative law advisory and administrative court representation for individuals, companies and investors confronting public authority.

Annulment of Administrative Acts: the 30 and 60-Day Rules

The legal remedy against administrative acts consists of first applying to the administration itself or a superior body (mandatory or voluntary objection), followed by filing an annulment action before the administrative court. Under the Administrative Procedure Law No. 2577 (IYUK), annulment actions must, as a rule, be filed within 60 days of notification of the administrative act. Those who miss this deadline forfeit the right to sue. However, certain special laws (such as tax and procurement laws) prescribe different objection and litigation periods. Our firm informs clients at the earliest opportunity regarding the correct determination of application dates and procedures.

Full Remedy Actions: Liability of the Administration for Damages

Full remedy actions are filed to claim compensation for material and moral damages caused by administrative acts or actions. In full remedy actions based on service fault or strict liability, establishing the damage, the causal link and the quantum is of critical importance. We have particular experience in de facto expropriation (unauthorised appropriation), damages caused by administrative action and damages arising from delayed enforcement of judicial decisions.

Expropriation and Valuation Disputes

Expropriation is the seizure by the state or other public legal entities of privately-owned immovable property based on a public interest decision. Where the compensation determined under the Expropriation Law No. 2942 is below true market value, an action for increase of compensation may be filed. We represent our clients in appeals against urgent expropriation decisions, effective management of the negotiation process and appeals before the Council of State.

Appeals before the Council of State

Decisions of administrative courts may be appealed to the Regional Administrative Court (istinaf) and thereafter to the Council of State (temyiz). The Council of State shapes administrative law through its precedent-setting jurisprudence; an experienced team makes a critical difference in cases referred to the Council of State, particularly large-scale disputes, public procurement cases and regulatory decisions. Our firm has representation experience before the chambers and panels of the Council of State.

Regulatory Bodies: BRSA, EMRA, CMB, RTÜK and Others

Against investigation, licence refusal and administrative fine decisions of sectoral regulatory bodies (BRSA, EMRA, CMB, RTÜK, Competition Authority, Data Protection Authority, Information and Communication Technologies Authority, etc.), the institution's own objection mechanisms may first be used, followed by annulment actions before the administrative court. Each body has different procedural rules and deadlines, requiring sectoral expertise in this field.

Public Procurement Disputes

Under the Public Procurement Law No. 4734, complaint (to the contracting entity) and then review complaint before the Public Procurement Authority (PPA) may be filed against procurement decisions; annulment actions may also be filed before the administrative court against PPA decisions. In this field where deadlines are extremely short (10 days for complaints), swift action is essential. We represent our clients in matters including procedural irregularities, evaluation errors, technical specification violations and seizure of bank guarantee letters.

Our Services

• Annulment actions against administrative acts and actions (administrative and tax courts)
• Full remedy actions for administrative liability for damages
• Expropriation compensation increase actions and appeals against urgent expropriations
• De facto expropriation (unauthorised appropriation) damages actions
• Appeals and reviews before the Council of State
• Permit, licence and authorisation applications; appeals against rejection decisions
• Defence in investigations by BRSA, EMRA, CMB, RTÜK and the Competition Authority
• Public procurement complaints, PPA objections and court representation
• Appeals against and annulment of administrative fines
• Disciplinary investigations and civil service law advisory
• Legal support in public-private partnership (PPP) and privatisation processes

Why Emir Law?

In administrative law, deadlines and procedural rules are absolute in nature; a one-day delay can result in dismissal of the case. Our team manages administrative litigation processes meticulously from start to finish, protecting the rights of our clients who face public authority in a strategic and resolute manner.