Marriage to a Turkish citizen does not confer citizenship on its own; every condition the Act requires must be met together. We examine the conditions required, the application procedure, the documents requested, the effect of divorce and annulment, and the action for annulment brought against a refusal decision.
Turkish citizenship is acquired by descent, not by place of birth. We address the citizenship position of a child born abroad through the three situations provided for in Article 7 of Act No. 5901, together with the consular notification procedure.
The refusal of a building permit application that complies with the legislation is an individual act open to review before the administrative judiciary. We address the conditions for a permit, the application procedure, the avenues to be pursued against a refusal and the sixty-day time limit.
Refusal of an occupancy application for a structure completed in accordance with its building permit is an act open to review before the administrative courts. We address the conditions for the building occupancy permit, the thirty-day tacit acceptance rule and the course to be followed against a refusal.
An administrative detention decision taken by the governorship in respect of foreigners liable to deportation is a measure that directly restricts personal liberty. We examine the conditions for the decision, its maximum periods, rights in removal centres, alternative obligations and the procedure for objecting to the criminal judgeship of peace.
The liability of the administration for the loss of life and property that follows an earthquake turns on whether its inspection and precautionary obligations were properly discharged. This note addresses service fault, the force majeure debate, the full remedy action and the applicable application periods.
Administrative contracts, whose subject matter is the performance of a public service, are subject to a judicial regime distinct from that of private law contracts. We examine their elements, their types, the rules on jurisdiction and the remedies available.
As a rule the administration establishes its unilateral acts without obtaining anyone’s approval; those acts are not, however, beyond judicial review. We examine the grounds of defect on which an annulment action rests, standing to sue, the sixty-day time limit and the consequences an annulment judgment produces.
The appeal on points of law allows the lawfulness of decisions of the regional administrative courts and of the chambers of the Council of State to be tested before the highest authority. We address, from a practical standpoint, which decisions may be taken to this remedy, the time limits for application, the stages of the review and the types of decision the Council of State may give.
The decisions of the administrative and tax courts may be reviewed afresh before the regional administrative courts in respect of both their factual and their legal aspects. We address which decisions are open to appeal and which are not, the time limit for applying, the stages of the review and the types of ruling that may be given.
We examine the conditions under which foreign nationals who have resided in Türkiye without interruption for five years may acquire citizenship under Article 11 of the Turkish Citizenship Act, the criterion of uninterruptedness, the application procedure, and the objection and annulment routes open against a refusal decision.
Foreign nationals who make one of the investments listed in the Regulation may acquire Turkish citizenship by decision of the President. We examine the three core conditions of the application, the investment options, the documents required and the action available against a refusal.
Building registration certificates issued under the zoning amnesty may be withdrawn by the administration on allegations of irregularity. We examine the grounds for cancellation, the possibility of objecting to the administration, the sixty-day time limit for bringing an action, and the administrative and criminal consequences of cancellation.
For those who suffer a loss of rights because of unlawfulness in the tender process, the law provides a tiered system of recourse. We examine this three-stage structure of complaint, appeal by complaint and action for annulment, its time limits, and the consequences of failing to exhaust the mandatory avenues of recourse.
We examine the scope of the Blue Card status granted to persons who leave Turkish citizenship with permission, who may benefit from the document, the rights it confers and the judicial remedy available where an application for permission to renounce is rejected.
Zoning plans are regulatory administrative acts that interfere with the right to property on public-interest grounds. We examine the tiering of plans, the right to object during the public display period, the capacity to bring an action, and the court and time limits that govern an action for annulment.
A demolition decision taken by the municipal executive committee produces consequences that cannot be reversed once carried out. We examine the process running from the building suspension report to the executive committee’s decision, the criteria of lawfulness and the role of a stay of execution request.
Deportation decisions issued by the governorship are administrative acts and are subject to judicial review. We address who may be made the subject of a deportation decision, which persons are protected from the measure, the invitation-to-leave procedure and the seven-day period for objection.
A disciplinary penalty does not arise of itself but at the end of a defined procedure. We examine, from a practical standpoint, who may be subject to a disciplinary investigation, the limitation periods, the competent superiors, the right of defence and the action for annulment brought against the penalty.
The Civil Servants Act No. 657 regulates disciplinary penalties in five degrees, from the lightest to the most severe. We examine the scope of the penalties, the acts to which they correspond, the authorities empowered to impose them, the limitation periods, and the objection and litigation remedies.
The family residence permit, designed to allow family unity to be maintained, is subject to separate conditions for the sponsor and for the applicant alike. We examine its scope, the conditions sought, the grounds for cancellation and the action for annulment against a refusal.
For Blue Card holders who left citizenship with permission to renounce, reacquisition of citizenship is subject to a procedure independent of the residence requirement. We examine the conditions of that procedure, the right of option afforded to children and the judicial remedy to be pursued against a rejection decision.
Because a disciplinary penalty is entered in the personnel file before it becomes final, removing the entry requires a separate legal process. We examine the routes of expiry of the period, amnesty and a court decision, and the action for annulment to be brought where a request for expungement is refused.
The Turkish Citizenship Act No. 5901 places the acquisition of citizenship on two main axes: acquisition by birth and acquisition subsequently. We address the conditions required, the documents sought and the consequences that follow, for the general route, the exceptional route, marriage, adoption and the right of option.
The Law on Foreigners and International Protection frames the humanitarian residence permit as an exceptional status, available only in enumerated cases. We examine the scope of the permit, the authorities to which applications are made, the possibilities of transfer and the avenues to be pursued against a refusal, from a practitioner’s perspective.
The humanitarian residence permit is an exceptional status accorded without the conditions required for the other permit types. We address the cases in which it may be granted, its duration, the conditions for cancellation and non-extension, and the action for annulment to be brought before the administrative judiciary against a refusal.
Renunciation of Turkish citizenship is a case of loss that depends on a decision of the competent authority. We examine the difference between the permit of renunciation and the certificate of renunciation, the conditions required, the two-year period of validity, and the consequences of departure for the spouse and children.
Revocation of a licence, suspension of work and suspension of operations are administrative sanctions that directly threaten the commercial existence of an undertaking. We address the circumstances in which these orders are made, the inspection regime that varies by class of establishment, and the objection and court remedies available against them.
Associate professorship applications rejected or cancelled by the Interuniversity Board constitute final and enforceable administrative acts. We examine the stages of the process, the grounds for rejection, the objection route and the action for annulment from a practical standpoint.
In the course of appointment to public office, a security investigation or archive search that concludes unfavourably is a unilateral and effective administrative act subject to judicial review. We examine the scope of the search, the deciding authorities and the operation of the action for annulment under the Act No. 7315.
Turkish law allows a person to hold a citizenship bond with more than one state at the same time and calls this multiple citizenship. We examine the conditions under which the status arises, the notification obligation, and the action for annulment to be brought where an application is refused.
Non-pecuniary damage arising from attacks on personality rights carried out by the administration may be redressed before the administrative courts through a full remedy action. We address the criteria applied in fixing the award, the one-off right to increase the claim, and the question of interest.
A notice served on the ground that public property has been used without permission is a final and enforceable administrative act. We examine the lawfulness of the underlying inspection record, of the assessment of the amount and of the content of the notice, together with the avenues of objection and annulment.
The risky structure determination, the first link in urban transformation, is an administrative act that directly affects the right of property. We examine the owner’s 15-day right of objection, the 30-day time limit for bringing an action, the application for a stay of execution and the consequences of the decision.
Fines imposed by the administration in response to conduct classified as a misdemeanour arise and are enforced without any court decision. We examine the authority to which an objection must be made, the period within which it must be lodged, and the different time limits introduced by special statutes.
There is no single common procedure for objecting to marks awarded at higher education institutions. We examine the action to annul a mark, which arises where the internal objection routes have been exhausted without result, together with the role of the expert examination, the stay of execution and the applicable time limits.
The refusal of a citizenship application is an administrative act and is subject to judicial review. We examine the objection route available against a refusal decision, the conditions for an action for annulment, the court with jurisdiction and how the time limits are calculated.
Decisions taken by a municipal executive committee are final and enforceable administrative acts; they may therefore be reviewed both by way of objection to the administration and through an action for annulment. We examine the committee’s sphere of authority, the grounds for annulment, the court with jurisdiction and the sixty-day time limit for bringing an action.
An optional application to the administration suspends the time limit for bringing an action; where it is expressly or impliedly refused, an annulment action comes into play. We address the objection mechanism, the rules on jurisdiction, the preclusive periods and the effects of an annulment judgment.
A notice of compensation for unjust occupation served on persons regarded as occupiers of publicly owned immovable property is a final and enforceable administrative act. We examine the basis of the notice, its mandatory content, the criteria applied in assessing the amount, and the routes of objection and annulment.
Parcelling under Article 18 of the Zoning Act is a unilateral administrative act performed without the consent of the owners. We examine the purpose of the procedure, its stages, the limits of the DOP deduction and the forms of unlawfulness that warrant annulment.
A passport restriction that does not rest on a court decision is an administrative act interfering directly with freedom of travel. We address its review in terms of the elements of an administrative act, the time limit for the action for annulment and the full remedy action that may follow.
The Blue Card afforded to those who lose Turkish citizenship through a permission to renounce places its holder on an equal footing with citizens as regards the acquisition of immovable property and the status of heir. We examine the legal basis and the limits of that position.
The return of money or property that has passed into the assets of the administration without any legal basis is secured through the action for restitution, a form of the full remedy action. We examine the conditions of the action, the courts with subject-matter and territorial jurisdiction, the requirement of prior application and the time limits for bringing it.
Refusal of a licence application is an administrative act that directly prevents an undertaking from commencing operations. We assess, from a practical standpoint, the stages of the application process, the conditions for an action for annulment against a refusal, the time limit for bringing that action and the scope for recovering the loss suffered.
Spouses serving in separate cities is a result that directly damages the unity of the family. We address the route of annulment open where the administration refuses a civil servant’s transfer request based on spousal grounds, together with the conditions required and the applicable time limits.
A judgment annulling an administrative act does not mean that the outcome takes effect of its own accord. We examine the damages and criminal remedies available against the administration, and against the public official who refrains from implementing the decision, where a judgment is not implemented at all, only in part, or late.
A disciplinary penalty imposed on a civil servant may be set aside in administrative proceedings if it is defective in any of the elements of competence, form, cause, subject matter or purpose. We examine, from a practical standpoint, the objection authorities that vary with the gravity of the penalty, the limitation periods and the operation of the action for annulment.
For stays exceeding ninety days a residence permit is a legal obligation. We examine the application steps taken through e-Residence, the documents required for each type of permit, the extension procedure, the items of expenditure and the action for annulment to be brought against refused applications.
The student residence permit is the type of permit that places the stay of foreign nationals who come to study in Türkiye on a legal footing. We examine who the permit is issued to, the conditions required, its validity periods, its relationship with other types of permit and the action to be brought against a refusal decision.
The return to duty of those who have resigned from the civil service, retired or been dismissed is effected through the open appointment procedure. We examine the conditions attached to such a request, the limits of the administration’s discretionary power, and how an action against a refusal decision proceeds.
For foreign nationals planning a stay in Türkiye beyond the period of their visa, the short-term residence permit is the first document turned to. We examine its scope, the conditions required, the periods, the extension procedure and the action to be brought against a refusal decision from a practical perspective.
Bringing an action for annulment does not of itself prevent an administrative act from being applied. We examine the stay of execution, which suspends the effect of the act while proceedings are pending, its conditions under Art. 27 of the Administrative Procedure Act, the objection procedure and its different operation in tax cases.
A disciplinary penalty imposed on a student is an administrative act and may be set aside where its elements are defective. We examine the types of penalty, the limitation periods, the investigation procedure, the right of defence, and the routes of objection and annulment.
Where the same act constitutes both an offence and a disciplinary breach, the two processes run in parallel; yet the judgment of the criminal court, and the reasoning behind it, may directly affect the legal basis of the disciplinary penalty. We examine what the various types of acquittal, and a decision to defer the announcement of the judgment, mean in disciplinary law.
Certain disputes before the administrative courts are decided under markedly shorter time limits and a simplified procedure compared with the general rules. We address the scope of the expedited procedure, its regime of time limits, the appellate routes available and the special procedure for central examination disputes.
The annulment of an administrative act does not of itself result in the damage caused by that act being made good. We address the basis of the full remedy action to be brought after an annulment decision, the types of liability of the administration and the preclusive time limits.
Losses arising because a public service operates not at all, late or badly engage the administration’s fault-based liability. We examine the concept of service fault, the conditions of a compensation claim, the time limits, the rules of proof and the court with jurisdiction from a practical perspective.
Persons whose assets are diminished or whose personality rights are impaired by an act or operation of the administration may seek redress through a full remedy action. We address the conditions for the action, the rules on jurisdiction, the time limits and the mandatory prior application.
When a parcelling operation is carried out, a share is set aside from immovables in private ownership in order to create public areas. We examine the legal basis of the land readjustment share, its maximum rate and the action for annulment available where it is not applied equally.
We examine the conditions for the long-term residence permit, which affords the possibility of indefinite residence, how the eight-year period of continuous stay is calculated, the rights conferred on permit holders, and the action for annulment against a refusal decision.
The naturalisation of a foreign national is a multi-stage process in which the administration exercises a broad margin of discretion. We examine the conditions required by Art. 11 of the Act No. 5901, the chain running from the governorship to the Ministry of the Interior, and the action for annulment against a decision of rejection.
Civil service employment does not end by petition of resignation alone. We examine the mechanism of deemed resignation, which comes into play where duty is abandoned without an excuse accepted by the administration, the periods to which it is subject and its effects on the servant’s status.
Zoning plans are regulatory administrative acts that may be made the subject of an action for annulment because of defects in their elements. We examine the hierarchy of plans, the grounds of annulment and the effect of annulment.
The expiry of the sixty-day period against a regulation or a circular does not mean that the instrument will remain beyond review for ever. We examine the conditions under which the time limit against a regulatory act starts to run afresh once an implementing act is established.
