The Law numbered 7331 on the Amendments to the Criminal Procedure Law and Certain Laws (“Amendment Law”) was published in the Official Gazette numbered 31541 on 14 July 2021, and entered into effect on the same day.
Along with the amendments to some time periods stipulated in Administrative Jurisdiction Procedures Law numbered 2577 (“AJPL”); amendments were made to Turkish Criminal Code, Criminal Procedure Code, Law on Execution of the Punishment and Safety Measures and Law on Establishment and Jurisdiction Procedures of the Constitutional Court with the Amendment Law, which is also known as the 4th Judicial Package. Regulations made in AJPL within this framework are summarized below:
- With the amendments made to periods for applying to administrative authorities stipulated in article 10 of AJP;
- while the applications made by those concerned to administrative authorities in relation to an action or a transaction that may be subject to an administrative case would be assumed rejected if not answered within 60 days as per the previous regulation; applications will be assumed rejected within 30 days from now on.
- while those concerned could file a lawsuit within the filing period following the 60 days as per the previous regulation, they can file a lawsuit within the filing period following a 30 day period from now on.
- in the events when the answer given by the administration is not concrete, while the prior period for which those concerned could wait for a concrete answer was 6 months from the application date, this period was amended as 4 months from the application date.
- in the instances which a claim is not filed or the claim is rejected due to exceeding the time limit, while the time period stipulated for the answer of the administrative authorities was 60 days, the period was amended as 30 days.
- Amendment made in article 11 of AJPL foresees that while priorly the applications of those concerned in relation to abrogation, withdrawal, alteration, or a replacement of an administrative transaction before filing an administrative claim would be assumed rejected unless answered within 60 days; the applications will be assumed rejected within 30 days from now on.
- While the period granted to administration to answer in relation to the period for filing a claim of those whose rights were violated by administrative actions was previously regulated as 60 days; in accordance with the amendment made to article 13 of AJPL this period will be 30 days from now on.
- While there was not any period foreseen for writing of the decisions in AJPL priorly, pursuant to the addition made to article 24; decisions will be written and signed within 30 days from the date they are concluded.
- Pursuant to provisional article 10 added to AJPL; in relation to applications made to administration in accordance with articles 10, 11 and 13 before the entry into force of the Amendment Law numbered 7331, previous periods foreseen in the articles prior to the amendments made with the said Amendment Law shall be implemented.
The full text of the Law is available at this link (only available in Turkish).