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Amendment in Administrative Procedural Law: Administrations Term of Response is Shortened

Amendment in Administrative Procedural Law: Administrations Term of Response is Shortened

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With entry into force of the "Law on the Amendment of the Code of Criminal Procedure and Some Other Codes" ["Amendment Law"] published in the Official Gazette dated July 14, 2021, the terms in the Administrative Procedural Law No. 2577 [“APL”] regulating the silence of the administration against the applications filed are shortened by half. In addition, some crucial changes were introduced to the Turkish Penal Code No. 5237 ["TPC"] and the Criminal Procedural Law No. 5271.

  • Article 10 of the APL grants the right to apply to the administrative authorities for an administrative act or action to be carried out prior to seeking judicial remedy before administrative courts. In order to prevent a possible forfeiture in the event that the administration leaves this application unanswered, the inaction of the administration is deemed as the rejection of the application, after a certain period of time. This period, which was regulated as 60 [sixty] days in the APL before the Amendment Law, is now reduced to 30 [thirty] days. In the current situation, an administrative lawsuit can be filed upon the expiry of the 30-day period following the day of application to the administration.
  • The status of the applications that have already been filed is also explicitly regulated with a temporary article added to the APL. Accordingly, the 60-day period will be valid for applications made before the effective date of the Amendment Law [i.e., 14.7.2021].
  • Pursuant to Article 10 of the APL, the state of "giving an imprecise answer" upon the application filed to the administration is also regulated. As per the previous version of the article, if the applicant preferred to wait for a definitive answer from the relevant administration, the period to file a lawsuit was being suspended for 6 [six] months from the date of the imprecise answer. Now with the Amendment Law, this 6-month waiting period, during which the term of litigation will not run, is reduced to 4 [four] months.
  • Another important regulation brought by the Amendment Law is related to the TPC. Accordingly, committing the crimes of willful murder, willful injury, wyte, deprivation of liberty, not only against the current spouse, but also against the divorced spouse, are now included within the scope of aggravating cases, thus require higher punishment.
  • The foregoing amendments will be effective as of July 14, 2021, which is the date of publication in the Official Gazette.

By M. Tarik Guleryuz, Partner, and I.Selin Nacar, Associate, Guleryuz & Partners

Guleryuz & Partners at a Glance

Güleryüz & Partners Attorneys at Law is an Istanbul based law firm offering a broad scope of high-quality legal services to domestic and multinational clients across a wide range of regulated and non-regulated industries. The Firm is comprised of energetic young professionals, led by experienced lawyers with a proven track record of working in the most demanding environments possible. Our team has comprehensive experience in serving clients in connection with a full breadth of Turkish law matters including Litigation & Dispute Resolution, M&A, Wealth Management & Family Businesses, General Corporate & Contract Law, Real Estate & Construction, Enforcement and Bankruptcy Proceedings, Labor Law, Administrative Law, and Anti-Corruption & White-Collar Crimes. 

Our core business culture is centered on integrity, dedication to clients’ needs, and excellence of legal advice and services. Therefore, our primary objective is to ensure the most personalized and reliable legal service for our clients. In pursuit of this objective, the international academic backgrounds of our partners at prestigious universities in USA, UK and Germany coupled with more than ten years of past experience at top tier Turkish law firms enhances the visionary practice of the Firm.

We blend our practical expertise with our outstanding grasp of legal theory in order to provide our clients with legal services of unmatched quality. Our clients range from multinational companies where we provide a level of attention normally only expected from in-house counsels in order to timely manage every aspect of the clients’ legal needs, to individuals for whom we make their objectives ours in order to provide comfort and ease of life. While we always put client service above all, we are proud to be on a quest to make reliable legal information available for everyone. Hence, we are constantly authoring articles on a broad scope of legal topics for respectable publications including Bloomberg Businessweek and the monthly magazine TR Monitor.

While Güleryüz & Partners operates mainly in Turkish and English, we are capable of providing legal services in French, German and Russian as well. The Firm also has an associated office in Ankara.

You can learn more about the Firm at guleryuz.av.tr