Administrative Lawyer in Istanbul, Turkey

An administrative lawyer in Turkey challenges decisions of public authorities before the administrative courts, the tax courts, the Council of State (Danıştay) and, for most fines and for the detention of foreigners, the criminal judgeships of peace. The work includes reading the decision and its notification, identifying the correct route and time limit, applying to the authority where that helps, preparing the petition and the request for a stay of execution, following the case to judgment and appeal, and making sure the authority complies with the judgment.

Typical files for foreign clients and property owners include deportation orders and entry bans, residence permit refusals and cancellations, citizenship cancellations, work permit refusals, short-term rental fines, zoning fines and demolition orders, expropriation, and compensation claims against state hospitals and municipalities. Because the time limit to sue is short, an administrative lawyer in Istanbul is usually most useful when consulted as soon as the decision is notified, not after the deadline has already passed.

Under the Turkish Constitution, judicial review is available against every act and action of the administration (Art. 125). Every challenge starts with three questions: what exactly was decided, who decided it, and when it was notified. The answers decide the route, the court and the time limit. A decision of a provincial migration directorate, a ministry in Ankara, a municipal council committee and a tax office each follow different rules.

Most decisions are challenged in the administrative courts (idare mahkemesi). Tax assessments and tax penalties go to the tax courts (vergi mahkemesi), most administrative fines go to the criminal judgeship of peace (sulh ceza hâkimliği) under the Misdemeanours Law, and the amount of expropriation compensation is set by the civil court of first instance (asliye hukuk mahkemesi). Presidential decisions, such as the cancellation of citizenship acquired by investment, are heard by the Council of State in Ankara as a court of first instance.

No. Several decisions taken by public bodies are reviewed by other courts. Administrative fines under the Misdemeanours Law go to the criminal judgeship of peace, unless another law provides otherwise (Law No. 5326, Arts. 3, 27). The detention of a foreigner in a removal centre is also reviewed by the criminal judgeship of peace (Law No. 6458, Art. 57). The amount of expropriation compensation is decided by the civil court (Law No. 2942, Art. 10). Damages claims arising from accidents involving vehicles owned or operated by the State are heard in the civil courts, not the administrative courts (Highway Traffic Act No. 2918, Art. 110).

A ban on leaving Turkey ordered by a court as a judicial control measure in a criminal file is challenged through the criminal courts, by objection under the Code of Criminal Procedure (Art. 111/2), not before the administrative courts; how exit bans work and how they are lifted is explained in Exit Ban in Turkey. Tax disputes are covered on our tax lawyer in Turkey page.

Administrative courts review lawfulness, not expediency. The court checks whether the decision complies with the law; it cannot decide whether the decision was the wisest choice, cannot take the decision itself in place of the administration and cannot give a judgment that removes the administration's discretion (Art. 2/2; Constitution, Art. 125).

Where the administration has discretion, for example in assessing whether a foreigner poses a public order risk, the court still examines whether the decision rests on real and lawful grounds, whether the facts relied on are supported by the file and whether the decision serves the public interest. The administration sends the original or a certified copy of its file together with its defence (Art. 16/5). Where information is withheld on grounds of state security, the court cannot decide on the basis of a defence that relies on the withheld information (Art. 20/3). In practice, the reasons given in the decision and the documents in the administration's file are central to the outcome.

An action for annulment is brought on the ground that an administrative act is unlawful as to competence, form, grounds, subject matter or purpose (Art. 2/1-a). Anyone whose interest is affected may bring the action, even if not the direct addressee of the act; a neighbour challenging a building permit next door is an example.

A full remedy action is brought by a person whose personal right has been directly infringed by an administrative act or an administrative action, seeking compensation (Art. 2/1-b). The Constitution makes the administration liable for damage arising from its acts and actions (Art. 125). Claims arising from faults of civil servants in the exercise of their powers are brought only against the administration, which may then seek recourse from the official (Art. 129).

The general rule is 60 days before the administrative courts and the Council of State, and 30 days before the tax courts, unless a special law sets a different period (Art. 7/1). Several special laws set shorter periods: seven days for a deportation order, 30 days for an expropriation decision and for cases under the expedited procedure, and 15 days for most administrative fines. The period runs from the day after notification, publication or announcement (Art. 8/1).

For regulatory acts that must be published, such as a regulation or a zoning plan, the period runs from the day after publication. When such an act is later applied to a person, that person can sue against the regulatory act, the implementing act or both together, and the fact that the regulatory act was not annulled does not prevent the annulment of the implementing act (Art. 7/4). A case filed after the time limit is rejected without examining the merits (Arts. 14, 15).

A person can apply to an authority asking it to take a step that could later be the subject of an administrative case, for example to issue a permit, pay a sum or correct a record (Art. 10/1). If no answer is given within 30 days, the request is treated as rejected, and the case can be filed within the normal time limit counted from the end of those 30 days (Art. 10/2).

If the authority replies within 30 days but the reply is not final, the person may treat it as a rejection and sue, or wait for the final answer. While waiting, the time limit does not run, but the waiting period cannot exceed four months from the application. If no case was filed and the authority later gives a reply, a case can be filed within 60 days of notification of that reply (Art. 10/2). The waiting period was shortened from 60 to 30 days in 2021 (Law No. 7331), so older guides may still show the old figure.

Yes. Before suing, and within the time limit, the person concerned may ask the higher authority, or the authority that made the decision if there is no higher one, to cancel, withdraw or change the decision or to make a new one (Art. 11/1). This application stops the time limit that has already started. If no answer is given within 30 days, the request is treated as rejected. Once the request is rejected, or treated as rejected, the time limit starts running again, and the days that passed before the application are counted (Art. 11/2-3).

This route can be useful where the authority may correct an obvious mistake, such as a missing document that was in fact submitted. An application to the authority does not by itself suspend the decision, and the route is not available in cases under the expedited procedure, such as public tender and urgent expropriation disputes (Art. 20/A).

A stay of execution (yürütmenin durdurulması) can be ordered where two conditions are met together: carrying out the act would cause damage that is difficult or impossible to remedy, and the act is clearly unlawful. The court gives reasons on both points (Art. 27/2; Constitution, Art. 125).

As a rule, the court decides after receiving the administration's defence or after the defence period has expired. For acts whose effect would be exhausted once carried out, such as a demolition, the court can stop execution before hearing the administration and decide again after the defence (Art. 27/2). Where the petition and documents show that the request is not justified, it can be rejected without waiting for the defence (Art. 27/3). A second request cannot be made on the same grounds (Art. 27/10). In tax cases, filing a case against an assessment stops collection of the disputed part, with some exceptions (Art. 27/4).

Unless the Act or a special law provides otherwise, the competent court is the administrative court of the place where the authority that made the decision is located (Art. 32/1). This is why decisions of ministries and other central authorities based in Ankara are usually challenged before the Ankara administrative courts, while decisions of a provincial governorship, a provincial migration directorate or a municipality are challenged where that authority is located. Venue is a matter of public order, so the parties cannot agree on another court (Art. 32/2).

Some cases go directly to the Council of State as a court of first instance: actions against Presidential decisions, against regulatory acts of ministries applied across the country, and against acts that fall within the area of more than one administrative court (Council of State Act No. 2575, Art. 24). The Council of State sits in Ankara.

An administrative case starts with a signed petition addressed to the court. It states the parties and their representatives with addresses and identity numbers, the subject and grounds of the case with the evidence, the date of written notification of the act and, in full remedy and tax cases, the amount in dispute; the decision and supporting documents are attached (Art. 3). Lawyers usually file electronically through UYAP, the national judicial network.

The petition is first examined for jurisdiction and venue, standing, whether there is a final and enforceable act, the time limit, the correct defendant and the form of the petition, normally within 15 days of filing (Art. 14). A petition with formal defects is returned so that it can be filed again within 30 days (Art. 15/1-d). The petition is then served on the administration, which has 30 days to reply; each side may file a second written statement (Art. 16).

The court investigates the case of its own motion and can order the parties and other bodies to send documents and information (Art. 20/1). Expert examination and site inspection follow the Code of Civil Procedure (Art. 31). In annulment actions, and in full remedy actions above a statutory amount, a hearing is held if either party requests it; otherwise the case is decided on the file (Art. 17).

There is no fixed duration. The law requires files to be examined in order of arrival, taking into account priorities set by law and by the Council of Judges and Prosecutors, and files outside those priorities to be decided within six months of being completed, that is, after the exchange of written statements ends (Art. 20/5). In practice, the time depends on the court's workload, on whether an expert examination or site inspection is needed and on whether an appeal follows.

Some cases have their own timetable. Deportation cases are decided within 15 days of the file being completed (Law No. 6458, Art. 53/3). Cases under the expedited procedure, which covers public tenders, urgent expropriation, privatisation decisions, environmental impact assessment decisions, sales, allocations and leases under the Tourism Incentive Law and certain Presidential decisions on urban transformation, are decided within one month of completion (Art. 20/A).

As a rule, yes. The deadlines can be counted with our appeal deadline calculator. Turkish administrative justice has two levels of appeal: an appeal on facts and law to the regional administrative court (istinaf), and an appeal on points of law to the Council of State (temyiz). Which of them is open depends on the type and value of the case. The monetary limits are revalued every year, and the limit in force on the date the case was filed applies (Additional Art. 1).

A deportation order (sınır dışı etme kararı) is taken by the provincial governorship, on the instruction of the migration authority or of its own motion, and is notified with its reasons to the foreigner, the legal representative or the lawyer (Law No. 6458, Art. 53/1-2). The foreigner, the legal representative or the lawyer can apply to the administrative court within seven days of notification, and informs the authority that made the decision of the application. The court decides within 15 days of the file being completed, and its decision is final. Unless the foreigner consents, the foreigner is not removed during the seven days or while the case continues (Art. 53/3).

The grounds for deportation include overstaying a visa or visa exemption by more than ten days, the cancellation of a residence permit, overstaying a residence permit by more than ten days without an acceptable reason, working without a work permit, using false information or forged documents, and being considered a threat to public order, public security or public health (Art. 54). The Act also lists people who cannot be deported even if a ground exists, such as those facing a serious risk of the death penalty, torture or inhuman treatment in the destination country, and those for whom travel is risky because of serious illness, age or pregnancy (Art. 55).

The procedure, restriction codes and how long entry bans last are explained in Deportation, Entry Bans and Restriction Codes in Turkey, and the likely ban after a visa overstay can be estimated with our overstay and entry ban calculator. Residence and immigration questions are covered on our immigration lawyer in Turkey page.

Yes. Refusals of residence permit applications made in Turkey, refusals to extend and cancellations are decided and notified by the provincial governorships, in practice through the provincial directorates of migration management. When deciding, the authority takes into account the foreigner's family ties in Turkey, length of residence, situation in the country of origin and the best interests of the child, and the notification states how the decision can be challenged (Law No. 6458, Art. 25).

A short-term residence permit is refused, cancelled or not extended where the conditions are not met or no longer exist, where the permit is used for a purpose other than the one it was issued for, or where there is a valid deportation order or entry ban (Art. 33). The Foreigners Law sets no special time limit, so the annulment action is filed within the general 60 days of notification, before the administrative court of the province whose governorship made the decision (Administrative Procedure Act, Arts. 7, 32).

Timing matters. A foreigner whose extension application is refused and who does not leave Turkey within ten days falls within the grounds for deportation (Law No. 6458, Art. 54/1-j). Requirements for long-term residence are explained in Permanent Residence in Turkey.

Turkish citizenship can be ended by cancellation (iptal) where it was acquired through a false statement or by hiding material facts; the cancellation is decided by the authority that granted it (Turkish Citizenship Law No. 5901, Art. 31). Cancellation takes effect from the date of the decision and also applies to a spouse and children who acquired citizenship through that person (Art. 32). Decisions granting citizenship are withdrawn (geri alma) where it later emerges that the legal conditions were not met or that the decision was given twice (Art. 40).

The rules on foreigners apply to people whose citizenship is cancelled. Where the cancellation decision orders the liquidation of their property in Turkey, it must be liquidated within one year, but if a case is filed against the cancellation, liquidation is postponed until the end of the case (Art. 33). For citizenship acquired by investment, the decisions are Presidential decisions, so the annulment action is heard by the Council of State in Ankara as a court of first instance (Council of State Act, Art. 24), within the general 60 days of notification. A first-instance judgment of the Council of State can itself be appealed within 30 days (Administrative Procedure Act, Art. 46/1).

What was announced in 2026 and what it means for families and property is explained in Turkish Citizenship Revoked: Investors and Families; the lawsuit step by step is in Can I Appeal a Turkish Citizenship Cancellation?; and how to find out whether a cancellation concerns you is in Was My Turkish Citizenship Cancelled? How to Check.

Decisions refusing a work permit or an exemption, and decisions cancelling an issued permit, are notified to the employer, or to the foreigner who holds an independent or indefinite work permit or a Turquoise Card. The person concerned can object to the Ministry of Labour and Social Security within 30 days of notification; if the objection is rejected, the case goes to the administrative courts (International Labour Force Law No. 6735, Arts. 3, 21). Because the Ministry is in Ankara, these cases are, as a rule, heard by the Ankara administrative courts (Administrative Procedure Act, Art. 32).

Unless another law provides otherwise, an administrative fine is challenged before the criminal judgeship of peace within 15 days of notification; if no application is made in time, the fine becomes final. A person prevented by force majeure can apply within seven days after the obstacle ends. The application is made by petition, by the person, the legal representative or a lawyer (Law No. 5326, Arts. 3, 27). The judge can reject the application or cancel the fine, and where the law sets a range, can reduce the amount (Art. 28). The judge's decision can be challenged by objection within two weeks of notification (Art. 29).

Unless a law sets its own payment period, a fine is payable within one month of notification, and paying within that month gives a 25 percent reduction. Payment does not affect the right to challenge the fine (Art. 17/6).

Some fines follow other routes. Tax penalties go to the tax courts. Fines imposed by the Personal Data Protection Board have been challenged in the administrative courts since 2024 (Law No. 6698, Art. 18/3), a topic covered on our data protection lawyer page. Where the same decision contains both a fine and, for the same person, measures that fall within the administrative courts, such as a demolition order, the challenge to the fine is heard by the administrative court together with the rest (Law No. 5326, Art. 27/8).

Where construction starts without a building permit, or contrary to the permit and its plans, the municipality or governorship records the state of the construction, seals the building and stops the work. The stop order is treated as notified to the owner once the record is posted at the site, and the zoning violation is reported to the land registry within seven days for an annotation on the title. The owner then has at most one month to bring the building into line with the permit or to obtain a permit. Otherwise the permit is cancelled and the building is demolished on a decision of the municipal council committee (encümen) or the provincial administrative board, at the owner's expense (Zoning Law No. 3194, Art. 32).

Zoning fines are imposed by the council committee on those responsible within ten working days of the violation being detected, and are calculated on the area and class of the building, with additions depending on the nature of the violation (Art. 42). One additional fine is not collected if the violation is removed and the building brought into line within one month of notification (Art. 42/ç).

Demolition orders and sealing decisions are challenged before the administrative court where the property is located (Administrative Procedure Act, Art. 34). Because a demolition exhausts its effect once carried out, the request for a stay of execution is often the most urgent part of the case. Property disputes more broadly are covered on our real estate lawyer in Turkey page, and the checks to make before buying are explained in Buying Property in Turkey as a Foreigner.

Expropriation (kamulaştırma) is the compulsory taking of private property by the administration for public use, against payment. The administration first tries to buy by agreement. It sets an estimated value through its own valuation commission and invites the owner by registered letter, without stating the estimate. If the owner applies within 15 days of notification and an agreement is reached, a protocol is signed, the administration has the price ready within 45 days, the property is registered in its name and the price is then paid; after such an agreement, no case can be brought against the expropriation or its price (Expropriation Law No. 2942, Art. 8). If there is no agreement, the court procedure below applies.

Treatment in a state or university hospital is a public service. Compensation for damage caused there is claimed from the administration through a full remedy action in the administrative courts, not from the doctor personally; the administration may later seek recourse from the official at fault (Constitution, Art. 129). Before suing, the patient or family applies to the administration within one year of learning of the harm and in any case within five years; the case follows within 60 days of a rejection or of 30 days without an answer (Administrative Procedure Act, Art. 13). The case is heard where the treatment was given (Art. 36).

Claims against private clinics and private doctors follow a different route, in the civil or consumer courts. Liability, informed consent and claims from abroad are explained in Medical Malpractice in Turkey: Compensation for Foreign Patients.

Companies challenge decisions such as the refusal or cancellation of a business licence, the sealing of premises, suspension of activity and decisions of regulatory authorities. These are annulment actions, usually combined with a request for a stay of execution, because a closure causes loss every day. Judgments in cases against decisions that stop a commercial activity indefinitely or for 30 days or more, and in cases against decisions of regulatory and supervisory boards, can be taken to the Council of State (Art. 46/1-e, n). Where a closure causes financial loss, the loss can be claimed in a full remedy action alongside or after the annulment action (Art. 12).

A tenderer who considers a step in a public procurement process unlawful first lodges a complaint with the contracting authority, within ten days of learning of the step (five days in certain procedures) and before the contract is signed. The authority decides within ten days. If it does not decide, or the decision is unsatisfactory, a complaint on appeal can be brought before the Public Procurement Authority (Kamu İhale Kurumu) within ten days (Public Procurement Law No. 4734, Art. 55). The Authority's final decisions can be challenged in court (Art. 57). Tender disputes follow the expedited procedure: 30 days to sue, no application to a higher authority and a decision within one month of completing the file (Administrative Procedure Act, Art. 20/A). The Authority is based in Ankara, so these cases are, as a rule, heard in Ankara (Art. 32).

Disciplinary penalties imposed on civil servants include a warning, a reprimand, a salary deduction, suspension of grade advancement and dismissal from the civil service. Warnings, reprimands and salary deductions can be challenged before the disciplinary board, and suspension of grade advancement before the higher disciplinary board, within seven days of notification; the board decides within 30 days. Disciplinary penalties can be taken to the administrative courts (Civil Servants Law No. 657, Art. 135; Constitution, Art. 129). The court is that of the place where the person works, or of the last place of duty in dismissal cases (Administrative Procedure Act, Art. 33).

The administration is required to act in line with the judgment, or with a stay of execution, without delay, and in any case within 30 days of the judgment being notified to it (Art. 28/1). Where the judgment orders payment of a sum, or of costs and lawyer's fees, the amount is paid to the bank account that the claimant or the lawyer notifies in writing; if it is not paid in time, it can be enforced under the general rules (Art. 28/2). In compensation and tax cases, interest is paid for the period between notification of the judgment and payment, at the rate applied to deferred public receivables, except for the time before the claimant notifies the bank account (Art. 28/6).

If the administration does not comply, a claim for pecuniary and non-pecuniary damages can be brought against the administration; since 2014, such claims for an official's failure to comply are brought only against the administration (Art. 28/3-4).

Lawyers' fees in Turkey are subject to the national Attorneys' Minimum Fee Tariff (Avukatlık Asgari Ücret Tarifesi), prepared each year by the Union of Turkish Bar Associations on the basis of proposals from local bars; a fee below the tariff cannot be agreed (Attorneys Act No. 1136, Arts. 164, 168). Fees reflect the type of decision, whether a stay of execution and a hearing are needed and whether appeals follow, and can only be quoted once the file has been reviewed. The fee arrangement is agreed in writing before the file is opened.

Court fees and an advance for notifications and expert costs are paid when the case is filed; the amounts depend on the type of case and are updated every year. The losing side is ordered to pay the costs and a lawyer's fee under the tariff to the other side. People who cannot pay the costs without serious hardship may receive legal aid if their claim is not clearly unfounded; for foreigners, legal aid also depends on reciprocity (Administrative Procedure Act, Art. 31; Code of Civil Procedure, Art. 334). For challenges to administrative detention, a lawyer is provided on request to those who cannot afford one (Law No. 6458, Art. 57/7).

The most important documents are the decision itself and proof of the date it was notified. After that, the documents depend on the case: in residence and deportation cases, evidence of family ties, lease, health insurance, income and children's schooling; in zoning and expropriation cases, the title deed, permits, plans, photographs and technical reports; in compensation cases, medical and expense records. A checklist is given in the tables below. Documents issued abroad are usually submitted with a sworn Turkish translation and, where required, an apostille.

An administrative case is in principle filed at the administrative court of the place where the authority made its decision (Administrative Procedure Act, Art. 32). Ministries and many central authorities are based in Ankara, so actions against their decisions are often heard by the Ankara administrative courts, while decisions of provincial authorities are challenged in their own province. Presidential decisions and nationwide regulations go to the Council of State, which also sits in Ankara (Council of State Act, Art. 24). An administrative lawyer in Turkey registered with a Turkish bar can act before the courts in every city.

We act as an administrative lawyer in Istanbul and before the administrative courts and the Council of State in Ankara, following those files through the national e-filing system and attending hearings there. Someone looking for an administrative lawyer in Ankara for a ministry decision can therefore also instruct a lawyer in Istanbul. Immigration decisions are covered on our immigration lawyer in Turkey page and in Deportation and Entry Bans in Turkey.