The decision to suspend execution is a provisional decision issued to prevent individuals from suffering harm if the administrative action against which an annulment lawsuit has been filed is implemented by the administration before the outcome of the lawsuit.
Filing a lawsuit with the Council of State or administrative courts does not suspend the execution of the contested administrative action. Similarly, filing an appeal with the Regional Administrative Court does not automatically suspend the execution of the action. The suspension of execution must be specifically requested by the plaintiff. Cases where a decision to suspend execution has been issued are examined and decided upon as a matter of priority.
For a decision to suspend execution to be issued, the following two conditions required by law must be met simultaneously:
The occurrence of damages that are difficult or impossible to remedy if the administrative action is implemented,
The administrative action being clearly contrary to the law.
If the above two conditions are met together, after the defendant administration’s defense is received or the defense period has passed, the court may decide to suspend the execution, stating the reasons.
The execution of administrative actions whose effect will be exhausted upon implementation may be suspended without obtaining the defense of the administration, to be reconsidered after the defense is obtained. However, administrative actions concerning the appointment, transfer, change of position or title, or temporary or permanent assignment of public officials are not considered administrative actions whose effect will be exhausted upon implementation.
Decisions to suspend execution must specify the reasons why the administrative action is clearly contrary to the law and the irreparable or impossible-to-compensate damages that would arise if the action were implemented. A decision to suspend execution cannot be made solely on the grounds that an application has been filed with the Constitutional Court seeking the annulment of the relevant legal provision.
If it is understood from the petition and its attachments that the request for suspension of execution is unfounded, the request may be rejected without hearing the defense of the defendant administration.
In cases involving requests for suspension of execution, the time limits specified in Article 16 may be shortened, and it may also be decided that the notification shall be made by a public official.
Can an objection be filed against a decision to suspend or reject the suspension of execution?
An appeal may be lodged against the decisions of the regional administrative court on requests for suspension of execution to the nearest regional administrative court, and against the decisions of the administrative and tax courts and those issued by a single judge to the regional administrative court, within seven days of the notification of the decision, on a one-time basis. The authorities to which the appeal is made must decide within seven days of receiving the file. Decisions made on appeal are final.
A second request for suspension of execution cannot be made based on the same grounds.