Administrative and Full Jurisdiction Lawsuits

Which Courts Hear Full Jurisdiction Lawsuits?

A full jurisdiction lawsuit is a type of lawsuit filed by a person who has suffered damages due to any act, transaction, or omission of the administration, seeking compensation for material and moral damages. A full jurisdiction lawsuit can be characterized as similar to a lawsuit for compensation or receivable in private law filed against the administration. For detailed information on administrative and full jurisdiction lawsuits, you can visit the website. If a full jurisdiction lawsuit is based on a claim for compensation for damages arising from an administrative act, it can be filed together with an action for annulment, or it can be filed as an independent lawsuit after the action for annulment has become final. Administrative and full jurisdiction lawsuits are legal matters that need to be addressed comprehensively.

What are the Grounds for the Administration's Legal Liability in Full Jurisdiction Lawsuits?

The courts responsible for hearing full jurisdiction lawsuits are:

• Tax court (First instance)
• Administrative court (First instance)
• Regional Administrative Court (Appeal)
• Council of State (Court of Cassation and, in some cases, court of first instance).

For administrative and full jurisdiction lawsuits, appeals for the instance of appeal are made to the Regional Administrative Court, and appeals for the instance of cassation are made to the Council of State.

In administrative law, the administration generally has 2 types of liability. These are:

• The private law liability arising from the actions of the administration in accordance with private law principles or from contracts it has entered into. If a vehicle belonging to the administration is involved in a traffic accident, the lawsuit to be filed is a private law lawsuit, and in such a case, a full jurisdiction lawsuit cannot be filed.
• The public law liability arising from contracts entered into by the administration and from all kinds of activities carried out by it within the framework of administrative law principles. For example, a person who has an accident due to the incorrect positioning of traffic signs files a full jurisdiction lawsuit against the administration.

The administration's obligation to compensate is based on the principles of service fault and strict liability in administrative law.