A natural or legal person who files an annulment action before administrative courts must have the capacity to sue. In order to file an annulment action, it is not sufficient for the plaintiff to have the capacity to exercise civil rights. If there is no “violation of the interest” of the person bringing an action for annulment due to the administrative action, the action filed shall be rejected on the grounds of lack of subjective capacity to sue.
The capacity to file an administrative lawsuit is evaluated in three categories according to the nature of the concrete violation of interest:
The capacity to file an annulment action due to the violation of narrow personal interest filed by individuals,
The capacity to initiate annulment proceedings on matters of concern to the whole society,
The capacity of the participants in the collective acts of the administration to file an action for annulment.
Capacity to sue for annulment against individual acts
Violation of interest is broader than the concept of violation of rights; it gives the right to file a lawsuit even if there is no material or moral damage. In general, the existence of a “serious and reasonable”, “material” and “moral” relationship between the claimant and the administrative act is considered sufficient for the capacity to file an annulment action. Basically, the existence of a “personal”, “legitimate” and “actual” interest is sought for the establishment of an interest relationship
Capacity to Sue in Matters Concerning the Whole Society
The breach of interest requirement is interpreted more broadly in matters of public interest.
If the administrative action has a nationwide impact or concerns the general and common interest of citizens, every citizen has the capacity to file an annulment action.
The Council of State has made it an established case law that in matters concerning the whole or certain segments of the society, professional organizations, chambers, bar associations, associations, etc. have the capacity to file an action for annulment together with the persons whose interests are violated.
Capacity to Sue in Collective Transactions
It is also possible to establish an administrative act by taking a decision with the joint will of more than one person. Such transactions are called “collective transactions” in administrative law.
In collective proceedings, when the persons participating in the transaction want to file a lawsuit for the annulment of the transaction, they must oppose the administrative transaction/decision they participated in. In other words, it should be understood from the decision that they oppose the collective decision.
It should be especially noted that the members who dissent to the decision in collective proceedings must be recorded in the minutes. Authorized persons who are authorized to participate in collective proceedings, but do not attend the meeting where the decision is taken, or even if they attend, do not annotate their dissent, do not have the capacity to file an annulment action against that decision.
