What Is a Full Remedy Action? Compensation for Damage Caused by Administrative Acts and Actions

What Is a Full Remedy Action? Compensation for Damage Caused by Administrative Acts and Actions A full remedy action is a type of administrative lawsuit seeking compensation for damage caused by acts or actions of public authorities. Under Turkish administrative law, individuals whose personal rights are directly infringed by administrative activity may seek compensation from the relevant administration. What Is Administrative Jurisdiction? Administrative jurisdiction reviews the legality of acts and actions carried out by public authorities. It covers disputes including: Annulment actions, Full remedy actions, Public personnel matters, Administrative sanctions, Municipal decisions, Licensing matters, Zoning disputes. What Is a Full Remedy Action? A full remedy action is essentially a compensation action brought against a public authority where an administrative act or action has directly caused damage to an individual's rights. The court examines both the administrative activity giving rise to the damage and the legal consequences of that activity. Full Remedy Action vs. Annulment Action An annulment action seeks to remove an unlawful administrative act from the legal order. A full remedy action, by contrast, seeks compensation for the damage resulting from administrative activity. Depending on the circumstances, annulment and compensation claims may become relevant together or through separate procedural routes. Service Fault A public authority may incur liability where a public service: Does not operate, Operates late, Operates improperly. The Turkish Council of State describes such deficiencies as service fault, which may form the basis of administrative compensation liability. Liability Without Fault Administrative liability may also arise without fault in certain circumstances. The Council of State recognises no-fault liability principles, including risk-based liability, for certain special and extraordinary losses causally connected to public activities. What Type of Damage Can Be Claimed? A claimant may potentially seek compensation for material loss such as: Loss of income, Medical or care expenses, Reduction in assets, Other identifiable financial losses. Non-pecuniary damages may also become relevant where the statutory requirements are satisfied. Damage Must Be Identifiable Council of State case law indicates that compensation generally requires damage that has occurred or is certain to occur and can be identified and calculated. Purely hypothetical future losses are not normally compensable. Prior Application to the Administration For damage resulting from an administrative action, a prior application to the relevant administration is generally required. Under Article 13 of the Administrative Procedure Law as reflected in Council of State case law, the affected person must apply to the administration within one year from learning of the action and damage and, in any event, within five years from the date of the action. Causation A causal connection must exist between the administrative activity and the claimed damage. Council of State case law recognises that public authorities may be liable for losses causally connected with public services under service-fault or no-fault liability principles. Evidence Relevant evidence may include: Official records, Medical documentation, Administrative files, Expert reports, Financial records, Invoices, Technical reports, Other lawful evidence. Conclusion A full remedy action is an important mechanism for obtaining compensation for damage directly caused by administrative acts or actions. Liability may arise from service fault or, in appropriate circumstances, under no-fault liability principles. Where the claim arises from an administrative action, prior application requirements and statutory time limits are particularly important. Correct identification of the administrative activity, damage, causation and applicable procedural route is essential for protecting legal rights.