The Administration’s Service Flaw
The responsibility of the administration based on the defect is called “service defect” in administrative law. A service defect is a deficiency, neglect or delay in the functioning of the administration or the public service it performs. The service defect has a different meaning in administrative law than the “defective liability” cases in private law. Unlike private law, it is a state of defective liability that is objectified and has a distinctive character. In judicial decisions, it is accepted that the service defect occurs in three ways:
Service defect due to the fact that the public service does not function at all,
Service defect due to late processing of the public service,
Service defect due to poor functioning of the public service.
The service defect is related to the organization and functioning of the public service. If the public service is incomplete or poorly performed, or if this activity is not in accordance with the service requirements, the administration is considered to be conducting the public service imperfectly. All personal defects of a public official that occur due to his/her duty while performing his/her duty constitute a service defect within the scope of “duty defect”.
Some examples of service defects that may be the subject of a full judicial compensation case are as follows:
A person was injured because the doctor on duty at the state hospital gave the wrong needle,
A traffic accident that occurred due to negligence or incompleteness in the administrative activities of the administration on road construction, maintenance, operation, ensuring traffic safety,
Military ammunition forgotten in the field exploded, causing death,
The patient in the ambulance died due to a traffic accident caused by the ambulance driver while transporting a patient,
The death of a person infected with the virus due to the fact that the hospital is not sterile,
Death by electrocution caused by leakage laid by the administration.
How to Open a Full Judicial Case?
A full judicial case is a type of administrative case that can be filed in the Council of State, administrative or tax court according to the nature of the administrative action or action. Cases of full jurisdiction can be filed as follows:
They may file a full judicial case directly within the period of filing a lawsuit for cancellation of an administrative act that violates rights.
They may file annulment and full judicial cases together within the period of filing a lawsuit against the administrative procedure that violates their rights.
Upon the decision of the cancellation case filed against the administrative procedure that violates the rights, they may file a full judicial case within the 60-day litigation period starting from the notification of the decision.
They may be sued for damages arising from the execution of an administrative action that violates rights within the period of filing a lawsuit from the date of execution, or within the period of filing these four separate full judicial lawsuits, according to the 11th article of Law No. 2577, which we explain below. the full judicial cases mentioned may be filed by using the application methods provided for in the article.
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