Recent developments
The Council of State's ("Council") Board of the Unification of Case Laws' decision No. 2022/1 ("Decision") was published in the Official Gazette on 19 June 2022. According to the Decision, if the general or special time limit for filing a lawsuit is not indicated in the written notice regarding the administrative act, regardless of whether it is subject to a special time limit, the general time limit for filing a lawsuit under the Code of Administrative Procedure will be applied.
Developments introduced
First, the Council separated the administrative acts that were notified in writing but did not specify the time limit for filing a lawsuit and the administrative acts that were implicitly rejected by the administration. The Council decided that there is no need to unify the case laws on the administrative acts rejected implicitly, as there is no difference between the chamber's decisions. However, it decided that unification is required for the administrative acts notified in writing.
Prior to the Decision, there were different approaches as to the time limit to be applied for the administrative acts that were notified in writing but the notices of which did not specify the applicable time limit for filing the lawsuit. The first approach suggested that the special time limits for the acts that fall under them should apply. The second approach suggested that the general time limits should apply to both the acts that are subject to the general time limits and the special time limits. Finally, the third approach suggested that in such case no time limit should apply.
The Council examined the approaches to the topic and decided that, if the time limit was not indicated in the written notice, the general time limit for filing a lawsuit should apply even if the administrative act is subject to a special time limit. The Council also underlined that in the event of a conflict of interest, there should be a delicate balance between legal securities, administrative stability, the right to court access and the time limit for filing a case related to public order.
Conclusion
With the Decision, in cases where the time limit for filing a lawsuit is not notified in the written notice regarding an administrative act, then the general time limit for filing a lawsuit will apply regardless of whether the administrative act is subject to a special time limit. As per the Code of Administrative Procedure, the general time limit for filing a lawsuit is 30 days before the tax courts and 60 days before the Council and administrative courts.
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