23 Feb WHAT IS THE CONCEPT OF LICENSE TO FILE AN ANNULMENT LAWSUIT AND VIOLATION OF INTERESTS?
The natural or legal person who has filed an annulment lawsuit in the administrative courts must have the license to file a lawsuit. In order for an annulment lawsuit to be filed, it is not enough for the plaintiff to have a license to exercise civil rights. If there is no “violation of the interests” of the person who filed the cancellation lawsuit due to the administrative procedure, the lawsuit filed will be rejected on the grounds of the absence of a subjective litigation license.
The capacity to file an administrative lawsuit is evaluated in three categories according to the nature of the concrete case of violation of interests:
License to file a cancellation lawsuit due to a narrow personal interest violation filed by persons,
The license to file a cancellation lawsuit on issues that concern the whole society,
The license of participants in the collective operations of the administration to file a cancellation lawsuit.
License to File Lawsuits in Cancellation Cases Against Individual Transactions
Violation of interest is more comprehensive than the concept of violation of rights; It gives the right to file a lawsuit to the concerned person even if there is no material or moral damage. In general, the existence of a “serious and reasonable”, “material” and “spiritual” relationship of the plaintiff with the administrative procedure is considered sufficient for the license to file an annulment lawsuit. In the establishment of an interest relationship, the existence of a “personal”, “legitimate” and “current” interest is sought as a basis
The Ability to File Lawsuits on Issues That Concern the Whole Society
The requirement of violation of interests is interpreted more broadly in matters of public concern.
If the administrative procedure has an impact throughout Turkey or concerns the general and common interests of citizens, every citizen has the right to file an annulment lawsuit.
The Council of State, professional organizations, chambers, bar associations, etc., together with persons whose interests have been violated in matters involving the whole of society or certain segments of society. it has made it into established case law that organizations also have the license to file cancellation lawsuits.
License to File Lawsuits in Collective Transactions
It is also possible to establish administrative proceedings by taking a decision with the common will of more than one person. Such transactions are called “collective transactions” in administrative law.
In collective transactions, when the persons participating in the transaction want to file a lawsuit for the cancellation of the transaction, they must remain opposed to the administrative transaction / decision they participated in. In other words, it should be understood from the decision that they remained opposed to the decision taken collectively.
In particular, it should be noted that it is mandatory for the members who remain opposed to the decision to be recorded in the minutes in collective transactions. Authorized persons who are authorized to participate in collective transactions but do not attend the meeting where the decision was taken or who do not comment that they remain opposed even if they participate, do not have the license to file an annulment lawsuit against that decision.
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