The Administration's Liability For Indemnity In Case Of a Service Defect - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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The Administration’s Liability For Indemnity In Case Of a Service Defect

15 Mar The Administration’s Liability For Indemnity In Case Of a Service Defect

Posted at 22:45h in General by
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The administrative responsibility of the administration is called lulu service fault “in the administrative law. Service defect is the absence of negligence or delay in the functioning of the administration or the public service it performs. Service defect has a different meaning than “defective responsibility bir in private law. Unlike private law, it is a flawed responsibility, which is objectified and has a distinctive character. In judicial decisions, service failure is assumed to occur in three ways:
Service failure due to the fact that the public service never worked,
Service defect due to late processing of public service,
Service defect due to poor functioning of the public service.
Service defect is related to the organization and functioning of the public service. If the public service is incomplete or poorly fulfilled, or if this activity does not meet the service requirements, it is assumed that the administration is conducting the public service in a defective manner. When the public official performs his / her duty, all the personal defects which are caused by his / her duty, constitute a service defect within the scope of sebebiyle duty deficit Kamu.
Some examples of service flaws that may be the subject of full judicial compensation are as follows:
In case a person is disabled due to the wrong injection of the doctor in the public hospital,
Traffic accident caused by negligence or shortcoming in administrative activities of the administration for road construction, maintenance, operation and traffic safety,
Exploded military ammunition in the field causing the death to explode,
The ambulance driver died due to a traffic accident caused by the ambulance driver,
A person infected with a virus due to a non-sterile hospital,
Death is due to the collision of the electricity leaked by the administration.

How to Open a Full Judicial Case?
The full jurisdiction is a type of administrative proceeding which can be opened by the Council of State, administrative or tax court according to the nature of administrative action or action. Full judicial cases can be opened as follows:
They may open a full judicial case directly within the period of filing a lawsuit for the cancellation of the rights against administrative proceedings.
In case of a lawsuit that violates rights, they can open cancellation and full litigation cases within the time of filing a lawsuit.
Upon the decision of the annulment proceedings against the administrative acts that violate the rights, they can open a full judicial case within 60 days of filing a lawsuit.
For the damages arising from the execution of the administrative act that violates the rights, they may be prosecuted within the period of filing the lawsuit from the date of execution or within the period of opening of these four separate full judicial proceedings; cases can be opened.

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