What Is A Suspension Of Execution Decision At The Regional Administrative Court?
A stay of execution decision is a temporary decision issued to prevent damage to persons in the event that the transaction against which an annulment lawsuit is filed is implemented by the administration without waiting for the conclusion of the lawsuit.
Filing a lawsuit in the Council of State or administrative courts does not stop the execution of the administrative action. Likewise, filing an appeal to the Regional Administrative Court does not automatically stay the execution of the action. Stay of execution must be requested separately by the plaintiff. The case files for which a stay of execution is granted shall be examined and decided first.
In order for a stay of execution to be granted, the following two conditions sought by the law must be met together:
The occurrence of irreparable or impossible damages if the administrative action is implemented,
the administrative act is clearly contrary to the law.
In the event that the above two conditions are met together, the court may decide to suspend the execution of the administrative act after the defendant administration’s defense is received or after the defense period has expired.
The execution of administrative acts, the effect of which will be exhausted by their implementation, may be suspended without the defense of the administration, to be decided again after the defense is received. However, administrative acts concerning the appointment, transfer, change of position and title, temporary or permanent assignment of public officials shall not be considered as administrative acts whose effect will be exhausted upon implementation.
In the stay of execution decisions, it is obligatory to specify the grounds on which the administrative action is clearly contrary to the law and the irreparable or impossible damages that will arise if the action is implemented. A stay of execution cannot be granted only on the grounds that an application has been filed to the Constitutional Court for the annulment of the relevant provision of law
If it is understood from the petition and its annexes that the request for stay of execution is not appropriate, the request may be rejected without taking the defense of the respondent administration
In cases requesting a stay of execution, the periods specified in Article 16 may be shortened, or it may be decided that the notification shall be made by a civil servant
Is it possible to appeal against the decision of suspension of execution or refusal of suspension of execution?
The decisions of the regional administrative court on the requests for stay of execution may be appealed to the nearest regional administrative court, and the decisions of the administrative and tax courts and the regional administrative court against the decisions rendered by a single judge may be appealed to the regional administrative court within seven days from the day following the notification of the decision, one time only. The appealed authorities must decide within seven days from the date of receipt of the file. Decisions rendered on appeal are final
A second request for stay of execution cannot be made on the same grounds.