The science of public law that regulates the functioning of the state and its related mechanisms is administrative law. Administrative law reconciles the public interest with the rights and freedoms of the individual and aims to meet them together.
The concept of administration refers to all of the services and persons that provide the fulfillment of the public interest need through public service and administrative law enforcement activities. The activities of the administration are continuous and are carried out in the way of administrative action or actions.
legislature ensures the formation of the law of the state, and especially the legal rules of general nature and content. This authority is the power to make laws, which are the general, abstract and objective legal regulations needed by the society. enacting laws is within the authority of the Turkish Grand National Assembly. It is the adoption by voting of general rules for realizing the purpose of governing the entire society.
The judiciary is the function of eliminating the loss of rights that may arise in violation of the rules of law established by the legislature and resolving the disputes of individuals. The main task of the judiciary is to resolve legal disputes and rebuild the deteriorated legal order as it should be. jurisdiction is exercised by independent and impartial courts on behalf of the Turkish nation. The judges exercising this authority are independent in their duties and give their verdicts in accordance with the constitution and the law.
Executive is a power and duty related to the execution of laws and basic politics in the country. This task is undertaken by the government.
Administrative judicial bodies are: administrative and tax courts, regional administrative court and Council of the State. The main sources in administrative law are:
• universal principles of law
• international law
• laws and presidential decrees
The use of administrative powers may cause various damages through certain actions that are done knowingly or unknowingly, faulty or flawless. Administrative behavior that causes damage can take the form of an act or a contract. Those who are harmed by the behavior of the administration may be those who benefit from the public service, as well as those who participate in the provision of the public service, as well as third parties independent of the service.
These damages arising from the activities of the administration may be related to the property of the persons as well as to their personality. Compensation for these damages brings up the concept of liability in administrative law. this is called the financial responsibility of the administration and the legal responsibility of the administration.
The concept of legal responsibility of the administration can be handled in two ways, broad and narrow. Administrative responsibility in a broad sense refers to the financial responsibility of the state. When it comes to the legal responsibility of the state: it includes the financial responsibility of the state due to the activities of the legislative and judicial organs as well as the executive administration. In a narrow sense, administrative responsibility refers to the rules and principles for the compensation of damages arising from the activities of the administration subject to public law in the functional sense.
The responsibility of the administration is divided into two parts as fault-based liability and strict liability. In administrative law, liability based on fault refers to the obligation of the administration to compensate the damage caused by a faulty behavior while carrying out public services and activities. The fault, which is in the responsibility of the administration based on fault, is expressed as service fault. Service defect refers to a malfunction, malfunction or deficiency in the establishment, arrangement or functioning of the service. From this point of view, it is possible to say that service defect is independent from persons, anonymous, general and flexible. Service failure cases can be listed as poor service, late service, and non-operation of the service.
Strict liability means that the administration is held responsible for the damage even if there is no fault when a loss occurs due to the behavior of the administration. In this sense, strict liability is defined as full legal liability.
If a loss has occurred due to administrative activities, the injured person has the right to demand compensation from the administration. If the responsible public legal entity does not compensate the damage, the remedy is to file a lawsuit in the administrative jurisdiction. There are some basic principles in the calculation of the compensation in the lawsuit filed. however, first of all, it is necessary to determine the administration responsible for the damage and calculate the compensation.
As Alanya Lawyers, the main services we provide to our clients in the field of administrative law are:
• Opening compensation (full jurisdiction) lawsuits related to the liability of the administration and concluding by following them as a lawyer,
• Opening cases regarding the annulment of unlawful administrative acts and concluding them by following them as lawyers,
• Opening cases related to administrative contracts and following them as lawyers and concluding them,
• Opening lawsuits regarding the annulment of administrative fines and concluding by following them as a lawyer,
• Opening cases regarding the annulment of disciplinary punishments and following them as a lawyer and concluding them,
• Objection to demolition decisions and concluding the litigation process by following them as a lawyer,
• Making an application for the acquisition of Turkish citizenship and executing the litigation process in case of rejection of the application,
• Making an application for a residence permit and executing the litigation process in case of rejection of the application,
• Providing legal consultancy and advocacy services in disputes and lawsuits arising from zoning law, which is a sub-branch of administrative law,
• Opening and concluding lawsuits arising from administrative law regarding civil servants by following them as lawyers,
• Providing legal consultancy and advocacy services on disputes and resolutions regarding the Municipality Law.