PUBLIC LAWYER

 

The rules concerning the organisation, functioning and services provided by the state and other public institutions and organisations (such as special provincial administrations, municipalities, villages, universities, the Highways Authority), in short, all public legal entities, constitute the subject matter of public law. Public law regulates the duties and powers of the state and other public institutions and the officials working in these institutions, the relations between the state and other public institutions and the relations of the state and other public institutions with the persons under their orders and authority. The relations of the state or public organisations with individuals arise through transactions and actions such as collecting taxes, recruiting soldiers, imposing penalties for crimes committed, pardoning penalties, and prescribing all kinds of public obligations.

In short, “public law” consists of the legal rules governing the relationship between the state and other public organisations and the relationship between the state and another state. In the field of public law, the state and other public organisations exercise their sovereignty by establishing mandatory rules without taking into account the will and wishes of individuals. In other words, in the relationship between the person and the state in the field of public law, the person obeys the orders of the state. However, this does not mean that the power of the state is unlimited. The power of the state is also bound by law.  

 

Disputes Arising from Zoning Law

 

Disputes arising from the Zoning Law;

Cases Regarding Cancellation of Zoning Plan Regulations,

Lawsuits for the Cancellation of the Zoning Plan Amendment or the Rejection of the Plan Amendment Request,

Lawsuits for the Cancellation of Land and Land Regulation in Zoning Plans (Lawsuits for the Cancellation of Tevhit and İfraz Operations),

Cases Regarding the Cancellation of Zoning Plan Implementation (Cancellation Cases Regarding Article 18 Implementation),

Lawsuits for Cancellation of Zoning Status, Licence and Expropriation Procedures,

Zoning Demolition (Detection of renovations contrary to the licence, unauthorised construction, building holiday notice) Lawsuits for the Cancellation of Zoning Fine Procedures,

Cancellation Cases Regarding Administrative Disputes Arising from Zoning Amnesty Applications,

Cancellation of all kinds of Licence Documents (Lawsuits for Cancellation of Weapon Licence, Driver’s Licence, Work Permit, Workplace Opening and Operation Licences)

 

Disputes Arising from Legislation Related to Public Officials

 

Lawsuits for the Cancellation of Public Officials’ Open Appointment, Initial Appointment, Non-Appointment, Termination of Relations while being a candidate officer,

Administrative lawsuits arising from all kinds of monetary (material) rights of public officials (Allowance (Travel allowance), Pension transactions, Bank Promotion, etc.),

Administrative lawsuits arising from all kinds of disciplinary actions of public officials (dismissal, dismissal, etc.),

Administrative lawsuits arising from all kinds of disciplinary and other business and transactions established against Customs Brokers and Assistant Customs Brokers.

Disputes arising from the Highways Traffic and Highways Transport Law (Dolmus Route Determination, D, K1 Transport Documents)

Disputes arising from the Legislation on Family Medicine (including contracting, termination, warning, monetary issues and burial licence duty given to family physicians by the Public Hygiene Law No. 1593),

The lawsuit for the cancellation of the administrative action regarding the cancellation of the licence due to pharmacy collusion.

Disputes Arising from Mining Legislation

Disputes Arising from Public Procurement Legislation

 

What Does a Public Lawyer Do ?

 

The administrative lawyer must first fulfil his/her obligations arising from the attorneyship relationship and must be equipped with the administrative procedure law numbered 2577 and other special laws and regulations. After understanding his client’s problem, he decides in which administrative court and where to file the lawsuit. While preparing the petition for lawsuit or defence, he/she clearly demands from the court that this transaction should be cancelled by proving which transaction has been made in violation of the law and on what grounds. If there is a request for a stay of execution, it explains the grounds for this request. For example, it explains to the court one by one what the irreparable and impossible damage is and that the transaction is clearly contrary to the law. 

Another issue is, of course, to explain to the court which element of the administrative act is legally defective. If the administrative act is unlawful in terms of reason, subject, purpose, procedure or authorisation, it reveals this. If there is a negativity arising due to the transaction, for example, if the person’s financial damage arises, in this case, he / she can file an administrative lawsuit and a full judicial action together, or he / she can file a full judicial action within the period following the conclusion of the cancellation case. The deprived monetary rights are only one of the issues requested by the administrative lawyer in order to prevent the deprivation of rights after the transaction.