Tender periods in administrative justice and principles about tender periods

In Turkish Law, compliance audit of administrative acts and actions is stipulated that cases be filed within certain time periods. Term of administrative case litigation expresses a certain amount of time limited by the law enabling the interest/right that is the subject of an administrative dispute to be brought forward in a place of administrative justice. Pertaining to public order, term of administrative case litigation is examined sua sponte by administrative jurisdictions. Term of administrative case litigation is accepted as the latest term by both doctrines and places of administrative justice. Compliance audit is not possible for administrative acts and actions not brought to court within the terms of administrative case litigation envisaged by the law. In other words, in consequence of terms of administrative case litigation, an institution pertaining to procedure, the principle of the a case is sacrificed for the procedure of a case. Limitation of right to access to court to a certain time period, because it serves the principle of administrative stability, stands on a legitimate cause. However, the unclearness in legislation or implementations may constitute an intervention in the right to court of the concerned parties that are hurt by administrative acts and actions. At this exact point, it is of utmost importance and necessity that the rights and freedoms of the ones governed be balanced for the greater good such as for the public interest of administration and administrative stability. Especially, while courts implement the procedural clauses pertaining to terms of litigation, inflexible academism should be avoided. Or else, the essence of adjudication will be damaged. If perchance, a disproportion were to exist between the legal value protected by inflexible interpretation of terms of litigation and interest of plaintiff, looking at the circumstances of concrete case would be in order. Key Word: Term, right to access to court, public order, latest term, term of litigation.