Administrative law is a branch of law that takes its basis from the Constitution and regulates the functioning of the administration and its relations with individuals, the purpose of which is to realize the public interest. Therefore, the administrative actions to be carried out by the administration are closely related to real and legal persons, and in case the said actions are against the law, it is necessary to apply to the competent authorities of the administration and file lawsuits in order to eliminate these illegalities.

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Pursuant to Article 2 of the Administrative Procedure Law No. 2577, “actions filed by those whose interests are violated for the annulment of administrative proceedings due to being unlawful due to one of the aspects of authority, form, reason, subject and purpose” are specified as annulment action. The purpose of the action for annulment of the transactions established by the administration is to ensure that the activities of the administration comply with the law and to protect the legal order.

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The annulment decision made by the court as a result of the annulment case is not an inspection of the appropriateness of the administrative act. The administrative jurisdiction does not function as a higher authority, it only decides to cancel the transaction due to its illegality. As a result of the annulment decision, the administrative action ceases from the first date it is made. Cancellation decisions go backwards and thus, the administrative action is deemed to have never been made from the beginning and results as if it was not done.

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With the cancellation of the action as a result of the action for annulment, the administrative action is eliminated and everyone benefits from this result, not only the person who filed the action for annulment. The annulment decision is objective.

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As a result of the action for annulment, the unlawful transaction is cancelled. It cannot be decided to perform the appropriate transaction instead of the canceled transaction.

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There is no need to take any action by the administration in order to fulfill the annulment decision. Passiveness of the administration is sufficient for the implementation of the decision. However, although the annulment decision has its own legal effect, it does not always have its de facto effect by itself.

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In order for the annulment decision to be implemented, the administration may need to take actions and actions. However, once the established transaction is cancelled, the transaction cannot be renewed by changing the transaction type or by making a new regulatory transaction; The operation that has the same result cannot be done under another name.

 

The same procedure cannot be repeated in such a way as to nullify the final judgment effect of the annulment decision.

If the action that is the subject of the annulment decision is a negative administrative action regarding the rejection of a request, the action is automatically deemed null and void with the annulment decision. The administration does not need to do anything. However, the annulment provision of a negative transaction does not constitute a positive situation by replacing the administrative act. Although the annulment decision does not replace the administrative action, the administration is obliged to take appropriate action and action in accordance with the annulment decision.