How Does an Administrative Application Suspend the Filing Period in Turkey? İYUK Article 11

An administrative application is a request made before filing suit, by which the interested party asks a higher administrative authority, or the authority that issued the act, to withdraw, revoke, or amend an administrative act; this application has the effect of suspending the running filing period.

The General Rule: Optional Application

Under Article 11 of Administrative Procedure Law No. 2577 (İYUK), before filing suit, interested parties may optionally apply to the higher authority of the body that issued the act, or, where there is no higher authority, to the issuing body itself, requesting that the act be withdrawn, revoked, amended, or that a new act be issued; this application is not mandatory before filing suit unless required by special legislation.

The Effect of the Application in Suspending the Filing Period

If this application is made within the running administrative filing period, the filing period is suspended; once the administration rejects the application, or fails to respond within thirty days (which is treated as an implied rejection), the suspended period resumes running from where it left off.

The Administration's Response Period

Under Articles 10 and 11 of the İYUK, the administration must respond to an application made to it within thirty days; if no response is given within this period, the application is deemed rejected, and the interested party may file suit within the remaining filing period.

Exceptional Cases Where Application Is Mandatory

Although the general rule is optional, some special laws make an application to the administration mandatory before filing suit; for example, under Article 54 of Public Procurement Law No. 4734, a complaint application must be made to the contracting authority before applying to the Public Procurement Authority against procurement acts. A lawsuit filed without following the procedure set out in such special regulations is dismissed for exceeding administrative jurisdiction.

Advantages of the Application Route

The administrative application route offers the possibility of resolving the dispute before the administration before filing suit; this can avoid litigation costs and allow the administration to recognise and correct its own error.

Practical Recommendations

If you are considering an administrative application, remember to make it within the running filing period; track the administration's thirty-day response period and correctly calculate the remaining filing period once that period ends.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.