Mahkemeye Erişim Hakkı Yönünden Doğrudan Doğruya Tam Yargı Davası Açılması Usulünde Zorunlu Başvuru ve Dava Açma Süresi Hakkında İçtihadi Görüşlerin Seyri

Abstract

In the case offull remedy action opened by those whose rights are violated, in the execution of the public activities of the administration, the procedures for filing cases vary. The issue ofinfringement stemming from administrative act and action also determines the procedure for appealing to administrative jurisdiction. For the removal ofthe damages caused by the administrative proceeding, it is required to apply to the administration prior to the administrative case to be issued only for the removal of damages resulting from administrative actions, even if there is no obligation to apply to the administration - unless there is legal regulation. This mandatory application is a“prerequisite for the case” in respect of full remedy action. The period of time foreseen for the compulsory application to the administration has been determined by the Administrative Procedure Code No. 2577 unless it has not been accepted for a separate period in the special. This approach ofthe Council ofState and the Constitutional Court is of great importance and is of utmost importance in terms of the protection ofthe right to legal remedies, indicating that a uniform application is not possible when the mandatory application deadlines will expire, and that a interpretation is more fair than the concrete case.