1. WHAT IS A FULL JURISDICTION ACTION AND HOW CAN IT BE FILED?

 

A full jurisdiction action (also known as a compensation lawsuit) is a type of administrative lawsuit filed by a person who has suffered material or moral damages as a result of an act, action, or omission of the administration, with the aim of obtaining compensation for those damages. This type of lawsuit derives its legal basis from Article 125 of the Constitution.

 

A full jurisdiction action can be filed in four different ways:

 

Filing a direct full jurisdiction action within the period prescribed for bringing an annulment action against the administrative act that violates one’s rights;

 

Filing both an annulment action and a full jurisdiction action together within the time limit for challenging the administrative act that violates one’s rights;

 

Filing a full jurisdiction action within the prescribed time limit following the notification of the judgment rendered in an annulment action brought against the administrative act that violated one’s rights;

 

Filing a full jurisdiction action within the prescribed time limit due to damages arising from the execution of an administrative act that violated one’s rights.

 

2.FILING A DIRECT FULL JURISDICTION ACTION

 

Article 13:

Persons whose rights have been violated by an administrative act must, before filing an administrative lawsuit, apply to the relevant administrative authority within one year from the date they became aware of the act through written notice or other means, and in any case within five years from the date of the act, requesting the restoration of their rights.

If this request is partially or completely rejected, they may file a lawsuit within the time limit starting from the day following the notification of the decision; or, if no response is given within thirty days, from the day this period expires.

If a full jurisdiction action is filed before a court lacking jurisdiction and is rejected on that ground, the requirement to first apply to the administration shall not be sought for the subsequently filed case before the competent administrative court.

 

Unlike an annulment action, in a full jurisdiction action, the judge addresses the administration directly with the aim of compensating the damage, examines the existence of the damage, and renders a decision concerning the reparation of the violated right. The judgment in a full jurisdiction action produces results primarily for the plaintiff.

Because it investigates the violation of the plaintiff’s (subjective) right and aims to compensate that violation, the full jurisdiction action is considered a subjective type of action.

However, this difference in nature and subject between the two types of actions does not affect the determination of filing deadlines; both actions are subject to the same time limits under the Administrative Procedure Law (İYUK).

 

The 1-year and 5-year periods mentioned in Article 13 of İYUK, which require a prior application to the administration, and the rule in Article 12 referring to the date of execution as the starting point for the limitation period in cases of damages caused by the execution of an administrative act, do not technically extend the filing period. These rules only determine the starting point of the limitation period.

 

Therefore, the 1-year and 5-year periods mentioned in the article refer to the time before filing the lawsuit during which an application must be made to the administration. They do not alter the general filing period of the lawsuit.

 

3.FILING A FULL JURISDICTION ACTION AFTER THE DISMISSAL OF AN ANNULMENT ACTION

 

It is not necessary for the administrative act to be annulled in order to file a full jurisdiction action following an annulment action.

According to Article 12 of the Administrative Procedure Law (İYUK):

“(…) following the conclusion of this action (the annulment action), a full jurisdiction action may be filed within the period for filing lawsuits, starting from the notification of the judgment or, if an appeal is filed, the notification of the appellate decision.”

 

Accordingly, a full jurisdiction action may be filed whether the annulment action has been rejected or the administrative act has been annulled.

 

Article 12 of İYUK provides two possible timeframes for filing a full jurisdiction action:

The plaintiff may file the lawsuit either within 60 days from the notification of the first-instance judgment, or within 60 days from the finalization of the decision following appeal or cassation.

 

4.WHAT HAPPENS TO THE FULL JURISDICTION ACTION IF THE ANNULMENT DECISION IS APPEALED?

 

Filing an appeal against a judgment in an annulment case does not prevent the filing of a full jurisdiction action.

Therefore, a full jurisdiction action cannot be dismissed as “premature” merely because the annulment case is still under appellate review and has not yet become final.

 

Once an appeal is filed, the plaintiff may still bring a full jurisdiction action within 60 days from the notification of the annulment decision. Similarly, if a full jurisdiction action has been filed after the notification of the annulment decision but before the conclusion of the appellate process, the court may proceed with the merits of the case.

 

However, if a full jurisdiction action is filed while the annulment action is still pending, the court should suspend the proceedings until a final decision is rendered in the annulment case, treating it as a “preliminary issue.”

 

Council of State, 5th Chamber, Decision No: E. 2011/4978, K. 2012/949, dated 12.03.2012:

According to the relevant provision, it is possible for plaintiffs to file both annulment and full jurisdiction actions together, or, if they are not filed together (i.e., if the annulment action is filed first), to bring a full jurisdiction action either after the decision in the annulment action or after appeal proceedings, within the prescribed time limits.

The law does not stipulate that a full jurisdiction action cannot be filed simply because the annulment decision has not yet become final.

 

As stated in Article 28 of Law No. 2577, administrative authorities are obliged to execute judicial decisions whether or not they have been appealed, meaning the lack of finality does not bar execution.

Thus, rejecting a full jurisdiction action solely because the annulment judgment is not yet final is legally unsound.

 

5.HOW IS THE FILING PERIOD CALCULATED WHEN A FULL JURISDICTION ACTION IS FILED AFTER AN ANNULMENT CASE?

 

If no appeal is filed, the 60-day period for filing a full jurisdiction action begins with the notification of the annulment judgment to the parties.

However, a question arises: does the period begin upon notification of the judgment or after the 30-day appeal period expires?

 

The correct interpretation is that the 60-day period starts from the date of notification, not after the expiration of the appeal period. Therefore, the total cannot be extended to 90 days (30 days + 60 days).

 

Council of State, 6th Chamber, Decision No: E. 2015/7106, K. 2016/4959, dated 03.10.2016:

The final deadline for filing a full jurisdiction action is within sixty days from the date the annulment decision becomes final.

An application or action filed before this period expires is still considered timely.

This interpretation, which favors the plaintiff, is consistent with the constitutional principle requiring the administration to compensate damages arising from its acts and actions, and with Article 6 of the European Convention on Human Rights, which guarantees the right to a fair and public hearing.

 

Council of State, 14th Chamber, Decision No: E. 2013/1954, K. 2014/9156, dated 31.10.2014:

Where the annulment decision was served on the plaintiff after the administrative act had been executed, the plaintiff’s right to file a new action arises upon service of the judgment, and a full jurisdiction action may also be filed within the prescribed time following the notification of the appellate decision, if the judgment is appealed.

 

6.CONCLUSION

 

There are multiple ways to file a full jurisdiction action, the most significant being filing it after the conclusion of an annulment case.

In this context, whether or not an appeal is filed, when the filing period begins if no appeal is made, and what procedural considerations must be observed while the appeal of the annulment decision is still pending, are all of great importance for ensuring a proper and effective litigation process.