İdari İşlemin Hukuka Aykırılığının Belirlendiği Tarihin Tam Yargı Davası Açma Süresine Etkisi

However, in its judgment of Reisner v. Turkey delivered in 2015, the European Court of Human Rights found a decision of an administrative court rejecting a full remedy case as being out of time by referring to a date prior to the determination of illegality of the administrative act, in breach of the right of access to a court. This judgment shows without doubt that in certain circumstances the date on which the illegality of the administrative act is understood may also be determinative when deciding on the statutory time-limit in cases lodged against administrative acts.

In this study, the Reisner judgment of the European Court of Human Rights will be examined in the context of rules of the Turkish Administrative Justice Procedure Law and an answer will be sought to the question of “to what extent the date of determination of the illegality of an administrative act should be determinative when calculating time-limits in a full remedy case brought against that act…

Keywords: Turkish Administrative Justice Procedure Law, full-remedy case, statutory time-limit, right of access to a court, European Court of Human Rights, the judgment of Reisner v. Turkey…