According to the 2nd Article of the Administrative Jurisdiction Procedures Law numbered 2577; “the actions which are filed by individuals whose interests are breached for the annulment of administrative proceedings on the grounds that they are unlawful in terms of either power, form, underlying reason and objective” are defined as actions for annulment. The objective of the action for annulment concerning the proceedings undertaken by the administration is to ensure that the activities of the administration are lawful and to protect the legal order.
The annulment verdict given by a court as a result of an action for annulment is not in the nature of a supervision of the legitimacy of an administrative proceeding. Administrative jurisdiction does not function as a superior authority; it only decides the annulment of a proceeding due to its unlawfulness. The administrative proceeding is canceled as of the initial date when it is performed as a result of the annulment verdict. Annulment verdicts are retrospective and for this reason, they bear legal consequences as if the administrative proceeding was not performed at all.
The administrative proceeding is removed upon the cancellation of the proceeding based on the action for annulment and not only the individual bringing the action for annulment but all other individuals utilize from this result. Annulment verdict carries objective nature.
Illegal proceeding is cancelled as a result of an action for annulment. No verdict may be given for the suitable performance of a legal proceeding in substitution for the cancelled proceeding.
The administration does not necessarily carry out any proceeding for the fulfilment of the annulment verdict. It is sufficient for the enforcement of the verdict if the administration stays passive. However, an annulment verdict does not always automatically bear its actual consequences despite the fact that it automatically bears its legal outcomes.
The Administration may need to perform some proceeding and actions for the enforcement of the annulment verdict. Additionally, the proceeding may not be renewed after the cancellation of the established proceeding by way of changing the type of proceeding or carrying out a new regulatory proceeding. The proceeding resulting in the same consequence may not be performed under any other name.
The same process cannot be performed in a way that eliminates the final verdict effect of the annulment decision.
If the proceeding subjected to an annulment verdict is a negative administrative proceeding for the rejection of a request, the proceeding is automatically deemed to be null and void under the annulment verdict and the administration does not need to take any action. However, an annulment verdict for a negative proceeding does not constitute a positive situation by means of substituting the administrative proceeding. Since the annulment verdict does not substitute the administrative proceeding itself, the administration is obliged to carry out suitable actions and proceedings.
The Annulment verdict revokes the annulled proceeding and related actions as of their performance date. The administration is obliged to comply with annulment verdicts, fulfil their requirements and take suitable actions for the scope and objection of the annulment verdict. Our law office provides services in the fields of legal consultancy, actions for annulment and litigation or the disputes and sufferings experienced with the administration in terms of the zoning law.