The power of ex officio execution of administration

The power of ex officio execution of the administration means that the administration enforces its executive decisions or the requirements of a statutory provision without any need of a judicial decision. As a privilege of public power, ex officio execution aims to get public services carried out on a continuous and regular basis. The power of ex officio execution can be classified as non-compulsory and compulsory ex officio execution. Although non-compulsory ex officio execution is an autonomous power, compulsory ex officio execution of administration can only be used if there is a legal basis. In comparative law, the concept of the power of ex officio execution has been shaped by the meaning of administrative law. Germany differs from the other countries by the fact that it has established a legal framework for the power of ex officio execution. In Turkish Administrative Law, there is no single legal source regulating how the administration will use the power of ex officio execution. Rather, the provisions from different regulations provide information about the use of this power. The power of ex officio execution is most commonly applied in the areas of the application on behalf of interlocutor, the collection procedure of public receivables, use of force and weapons and the enforcement of administrative sanctions. As there is a possibility of interfering with the fundamental rights and freedoms, the power of ex officio of the administration should be used in line with the principles of legality, proportionality, equality, public order and public interest. If unlawfull ex officio execution causes harm to individuals, their loss should be compensated within the framework of the principles of administrative law or voie de fait.