The encroachment of administrative authority

Administrative recourse right is guaranteed by the constitutional provisions with the Articles 40 and 74 of the Constitution. Administrative recourse is one of the ways to use the right to legal remedies. In Turkish law, the rule is that direct administrative proceedings can be filed without any administrative recourse. However, in some cases, the legislator imposes exceptions on this rule and it is mandatory to use the administrative recourse before filing an administrative proceeding. The encroachment of administrative authority is the reflection of the mandatory administrative recourse regulated by the legislator in the administrative procedure law. In those cases where an administrative recourse is mandatory, it is obligatory to make an administrative recourse before filing an administrative proceeding, and it is considered as the encroachment of administrative authority which is an institution specific to the administrative procedure law. The encroachment of administrative authority is filing an administrative proceeding, before making an administrative recourse which is regulated as mandatory by the law. In this thesis, it is aimed to examine in detail the encroachment of administrative authority accepted in the Turkish Administrative Procedure Law. In this context, in our study, the definition and the elements of the encroachment of administrative authority were tried to be explained. Subsequently, the results related to the encroachment of administrative authority, the decision to submit the lawsuit complaint to the competent administrative authority, legal nature and results of this decision and the issues related to the action of the administrative authority which will be the subject of the administrative proceedings are discussed in detail.