
AdmInIstratIve Law
Administrative law is a branch of law that regulates the functioning of the administration and its relations with the people who take the foundation from the Constitution and whose aim is to realize the public interest. Therefore, the administrative procedures to be carried out by the administration are closely related to the real and legal persons, and if the transactions in question are unlawful, it is necessary to apply to the competent authorities of the administration and to open cases.
According to Article 2 of the Administrative Procedure Code No. 2577, lawsuits filed by those who have violated their interests for the cancellations for the cancellations due to their jurisdiction, form, reason and purpose unlawful are stated as an annulment action. The purpose of the cancellation of the transactions established by the administration is to ensure that the activities of the administration are in compliance with the law and that the legal order is maintained.
The annulment order given by the court as a result of the cancellation is not an audit of the suitability of the administrative proceedings. The place of administrative jurisdiction does not function as a higher authority, but only because of the unlawfulness of the transaction.As a result of the cancellation decision, the administrative action is annulled from the first date. The cancellation decisions are walking backwards, so that the administrative procedure is deemed not to have been made from the beginning and it results as if it has not been done.
As a result of the cancellation process, the administrative procedure is abolished; and everyone benefits from this result. The decision to cancel is objective.
As a result of the cancellation process, the unlawful action is canceled. It is not possible to decide which action should be taken in place of the canceled transaction.
In order for the cancellation decision to be made, no action is required by the administration. İdarenin pasif kalması, kararın uygulanması için yeterli olur. However, the cancellation decision does not always give birth to its actual effect, even though it has produced its legal effect.
The administration may need to take action to implement the cancellation decision.However, the process cannot be renewed after the procedure has been canceled, by changing the type of operation or by performing a new regulatory operation. The process that produces the same result cannot be made with any other name.
If the transaction which is the subject of the cancellation decision is a negative administrative procedure related to the rejection of a request, the transaction shall be considered null and void by the decision of cancellation.Administration does not need to do anything. However, the cancellation provision of a negative transaction does not constitute a positive situation by replacing the administrative action. Although the cancellation decision does not replace the administrative procedure, the administration is obliged to take appropriate action and action due to the cancellation decision. Google Adobe W3