Under the Law, the scope of cases to be
heard by a single judge in administrative and tax courts has been expanded,
with the aim of ensuring faster and more efficient judicial proceedings.
Under the amendment,
except for cases concerning regulatory acts, annulment and full remedy actions
involving amounts not exceeding TRY 486,000.-, as well as certain cases
concerning student-related administrative actions, certain personnel matters
involving public officials, disciplinary penalties of reprimand, certain
disciplinary penalties imposed by professional organizations, and disputes
arising from old-age pensions for persons aged 65 and over, will be heard by a
single judge. Likewise, tax cases involving amounts not exceeding TRY 486,000.-
will be adjudicated by a single judge at the tax court.
Under the new regulation, a regional
administrative court will be able to dismiss an appeal by correcting the
reasoning of the court of first-instance’s decision. Where certain procedural
deficiencies exist, such as lack of jurisdiction, lack of subject-matter
jurisdiction, or lack of capacity to sue, it will set aside the decision and
remand the case to the court of first instance for a new decision. In cases
involving deficiencies in an inspection, expert examination or hearing, the
regional administrative court will remedy the deficiencies itself and rule on
the merits. In cases other than these, it will not remand the case to the court
of first instance.
Under the amendment,
decisions rendered by the court of first instance following the setting-aside
decision of a regional administrative court may, as a rule, be appealed to the
Council of State within 30 days. However, no appeal to the Council of State will
be available in cases heard by a single judge, certain specific types of cases
listed under the law, or decisions concerning only attorney’s fees and
litigation costs.
Under the new regulation,
the provision allowing appeals to the Council of State against new decisions
rendered following the setting-aside of a court of first instance on appeal in
tax cases, full remedy actions, and actions concerning administrative acts with
an amount in dispute between TRY 270,000.- and TRY 920,000.- is repealed.
Under the adopted motion,
no appeal to the Council of State will be available against decisions rendered
anew following a regional administrative court’s setting-aside decision where
the difference in the monetary amounts between the court of first instance’s
decision and the regional administrative court’s decision does not exceed TRY
55,000.- for 2026. In addition, decisions rendered anew in cases heard by a
single judge will not be appealable even if this difference exceeds TRY 55,000.-.
Sources:
https://www.tbmm.gov.tr/Haber/Detay?Id=f613369e-6185-4b47-913f-019eeec65b37
